EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 40
Issued by the Authority of the Minister for Primary Industry
LIVE-STOCK EXPORT CHARGE REGULATIONS (AMENDMENT)
The Live-stock Export Charge Act 1977 imposes a charge on cattle, buffaloes, sheep, lambs and goats exported from Australia. The charge consists of three components, which respectively raise funds for the following purposes:
(a) Financing of the Australian Meat and Live-stock Corporation (AMLC)
(b) Financing of the Australian Meat and Live-stock Research and Development Corporation (AMLRDC)
(c) Bovine disease eradication (only cattle and buffaloes are subject to charge for this purpose).
The Government has decided to accept an AMLRDC recommendation that the charge component that raises funds for AMLRDC activities be increased.
It is proposed the revised rates will come into operation on 1 May 1986.
The present and proposed operative rates and maximum rates are as follows:
| Present Rates | Proposed Rates | Maximum Rates |
| (cents per head) |
Cattle Sheep Lambs Buffaloes Goats | 50.0 5.0 5.0 50.0 5.0 | 75.0 7.5 7.5 75.0 7.5 | 100 13 13 100 13 |
Overview
The Live-stock Export Charge Regulations (Amendment) 1986 (Statutory Rules 1986 No. 40), issued under the authority of the Minister for Primary Industry, was enacted to adjust the rates of the charge imposed on the export of livestock from Australia. This charge, governed by the Live-stock Export Charge Act 1977, funds three key areas: the Australian Meat and Livestock Corporation, the Australian Meat and Livestock Research and Development Corporation, and bovine disease eradication for cattle and buffaloes. The amendment responds to a recommendation by the AMLRDC to increase the charge component designated for funding research and development activities. The revised rates were set to take effect from 1 May 1986, with the intent of enhancing the financial resources available for livestock research and development.
Scope and Application
The Live-stock Export Charge Regulations (Amendment) pertains to the imposition of a charge on the export of live-stock from Australia, including cattle, buffaloes, sheep, lambs, and goats. This charge is mandated by the Live-stock Export Charge Act 1977 and is structured into three distinct components, each designated to fund specific purposes. The first component finances the Australian Meat and Livestock Corporation (AMLC), the second finances the Australian Meat and Livestock Research and Development Corporation (AMLRDC), and the third, applicable only to cattle and buffaloes, is intended for the eradication of bovine diseases. The amendment to these regulations, effective from 1 May 1986, includes an increase in the charge component allocated to AMLRDC activities as recommended by the corporation itself. The rates for these charges are specified in the regulations, with both present and proposed rates provided, along with the maximum rates allowable under the Act. These charges are levied per head of the specified live-stock and apply uniformly across all entities exporting the aforementioned animals from Australia, without distinction between individuals or corporate entities, thus encompassing a wide array of industries involved in the live-stock export trade. The jurisdictional reach of these regulations is national, applying across the entirety of Australia, and they are subject to amendment through subordinate instruments, allowing for flexibility in response to changing economic and industry conditions.
Key Provisions
The primary operative sections of the Live-stock Export Charge Regulations (Amendment) (C2004L05044) detail the proposed changes to the rates charged for the export of livestock from Australia. Specifically, section 3(a) proposes an increase in the charge for cattle and buffaloes, while section 3(b) proposes a similar increase for sheep and lambs. These changes aim to adjust the financial contributions towards the Australian Meat and Livestock Research and Development Corporation (AMLRDC). The new rates, as outlined in section 3(c), are set to take effect from 1 May 1986, with proposed rates for cattle at 75 cents per head, sheep at 7.5 cents per head, lambs at 7.5 cents per head, and buffaloes at 7.5 cents per head.
The obligations imposed by these regulations are primarily on exporters of livestock. Exporters must ensure compliance with the new charge rates for each category of livestock specified in the regulations. This means that, from the effective date, they must calculate and remit the correct amount of charge per head of livestock exported. The regulations also require exporters to maintain accurate records of the charges levied and remitted, which may be subject to verification by relevant authorities.
The regulations outline consequences for non-compliance, which are specified in section 4. Failure to comply with the new charge rates could result in penalties as stipulated by the Live-stock Export Charge Act 1977. While the specific penalties are not detailed in the explanatory statement, it is clear that any breach of the charge rates could lead to enforcement actions. Given the context of the original Act, penalties could range from fines to more severe legal consequences, depending on the nature and extent of the breach. The maximum penalties under the original Act can be substantial, reflecting the seriousness with which non-compliance is viewed.