EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 47
Issued by the Authority of the Minister for Primary Industries and Energy
LIVE-STOCK EXPORT CHARGE ACT 1977
LIVE-STOCK EXPORT CHARGE REGULATIONS (AMENDMENT)
The Live-stock Export Charge Act 1977 (the Act) imposes charges on the export of cattle, buffaloes, sheep, lambs and goats. The charge consists of three components, which 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 charged for this purpose).
These regulations will implement a recommendation by the AMLC to increase the charge components that raise funds to finance its activities. As required by the Act, the recommendation was endorsed at the Annual General Meeting of the AMLC on 30 November 1989. The rate increases will commence on 1 April 1990.
The present and proposed operative rates and the prescribed maximum rates of charge for AMLC and AMLRDC purposes are as follows:
| Present Rates | Proposed Rates | Prescribed Maximum Rates |
Cattle | | (per head) | |
AMLC AMLRDC Total | $6.10 $1.25 $7.35 | $8.60 $1.25 $9.85 | - $2.00 $18.00 |
Sheep | | | |
AMLC AMLRDC Total | 26.2 cents 12.5 cents 38.7 cents | 31.2 cents 12.5 cents 43.7 cents | - 20.0 cents 150.0 cents |
Lambs | | | |
AMLC AMLRDC Total | 26.2 cents 12.5 cents 38.7 cents | 31.2 cents 12.5 cents 43.7 cents | - 20.0 cents 150.0 cents |
Goats | | | |
AMLC AMLRDC Total | 16.2 cents 12.5 cents 28.7 cents | 28.2 cents 12.5 cents 40.7 cents | - 20.0 cents 100.0 cents |
The funds generated by the rate increases will allow for the continuation and expansion of the Corporation’s current marketing, development and promotional initiatives in line with its 5 year Corporate plan.
The AMLRDC and the bovine disease eradication components of the charge remain unchanged by these Regulations.
S.R. No. 21/90
Overview
The Live-stock Export Charge Act 1977 was enacted by the Parliament of Australia to impose charges on the export of various livestock species, including cattle, buffaloes, sheep, lambs, and goats, with the primary aim of generating revenue to support the Australian Meat and Live-stock Corporation (AMLC), the Australian Meat and Live-stock Research and Development Corporation (AMLRDC), and bovine disease eradication efforts. The Act established a charge system designed to fund these key objectives. In line with the Act, the Live-stock Export Charge Regulations (Amendment) 1990 were issued to implement an increase in the charge components allocated for financing the AMLC. This amendment was endorsed by the AMLC at its Annual General Meeting on 30 November 1989 and became effective on 1 April 1990. The proposed increases in charge rates were intended to support the continuation and expansion of the AMLC's marketing, development, and promotional initiatives as outlined in its five-year Corporate Plan. The AMLRDC and bovine disease eradication components of the charge remained unchanged.
Scope and Application
The Live-stock Export Charge Act 1977 applies to the export of cattle, buffaloes, sheep, lambs, and goats from Australia, imposing a charge intended to fund the Australian Meat and Live-stock Corporation (AMLC), the Australian Meat and Live-stock Research and Development Corporation (AMLRDC), and bovine disease eradication for cattle and buffaloes. The Act covers all individuals and entities exporting these livestock types from Australia, thus impacting the livestock industry broadly. Its jurisdictional reach is national, applying across all states and territories in Australia. These regulations amend the charge rates for the AMLC and AMLRDC components, effective from 1 April 1990, while maintaining the bovine disease eradication charge unchanged. The Act also allows for these charge rates to be adjusted further through subordinate instruments, as per the prescribed maximum rates set out in the regulations.
Key Provisions
The primary sections of the Live-stock Export Charge Act 1977, as amended by the Live-stock Export Charge Regulations (Amendment) Statutory Rules 1990 No. 47, involve the imposition of charges on the export of livestock such as cattle, buffaloes, sheep, lambs, and goats. These charges consist of three components that are earmarked for specific purposes: financing the Australian Meat and Livestock Corporation (AMLC) and the Australian Meat and Livestock Research and Development Corporation (AMLRDC), and bovine disease eradication for cattle and buffaloes. The Act mandates these charges to be levied on livestock exports to generate revenue for these purposes.
The Act imposes specific obligations on entities exporting livestock. These include the requirement to pay the prescribed charges for each animal exported, with separate components for financing the AMLC, AMLRDC, and bovine disease eradication. The regulations amend the rates of these charges, effective from 1 April 1990, to increase the funds available for the AMLC. The prescribed maximum rates for these charges are also specified in the regulations, providing a ceiling on the amount that can be charged.
In terms of penalties and consequences, the legislation does not explicitly detail the penalties for non-compliance with the charge requirements. However, in general, failure to comply with statutory requirements in Australia can result in civil or criminal penalties, depending on the severity of the breach. Civil penalties might include fines or the requirement to pay the outstanding charges, while more severe breaches might result in criminal charges, with potential penalties including imprisonment, fines, or both. The specific penalties would be determined by the courts based on the nature and extent of the breach.