Live-Stock Export Charge Regulations (Amendment)

Overview

The Live-stock Export Charge Act 1977 was enacted to establish a charge on the export of various livestock species, including cattle, buffaloes, sheep, lambs, and goats. This Act was introduced to address the need for funding mechanisms to support livestock-related industries and research in Australia. The charge imposed by the Act is divided into three components, each serving specific purposes: financing the Australian Meat and Livestock Corporation (AMLC), financing the Australian Meat and Livestock Research and Development Corporation (AMLRDC), and bovine disease eradication for cattle and buffaloes. The Act was enacted by the Commonwealth Parliament and its primary policy objective is to generate revenue for these designated purposes through the export of livestock. The proposed amendments to the regulations, implemented via Statutory Rules 1989 No. 166, were issued under the authority of the Minister for Primary Industries and Energy, and were intended to adjust the charge rates to reflect changes recommended by the AMLC. These amendments specifically target the components of the charge allocated to residue testing and Computer Aided Livestock Marketing (CALM), while leaving the AMLRDC and bovine disease eradication components unchanged.

Scope and Application

The Live-stock Export Charge Act 1977 applies to the export of cattle, buffaloes, sheep, lambs, and goats, and imposes a charge for funding purposes related to the Australian Meat and Livestock Corporation (AMLC), the Australian Meat and Livestock Research and Development Corporation (AMLRDC), and bovine disease eradication. The Act's jurisdiction spans across the Commonwealth, with its applicability extending to all exports of the specified livestock species. The charge is comprised of three components, each targeting different funding needs: the first for the AMLC, the second for the AMLRDC, and the third exclusively for bovine disease eradication, which applies only to cattle and buffaloes. The Act allows for adjustments to the charge rates, as evidenced by the recent amendment that reduces the charge components for AMLC activities, effective from 1 August 1989. Notably, the amendments exclude goats from the charge reductions, as the AMLC has not been allocating charge collections from goats to Computer Aided Livestock Marketing (CALM). The AMLRDC and bovine disease eradication components of the charge remain unaffected by these amendments.

Key Provisions

The Live-stock Export Charge Act 1977, as amended by these regulations, imposes a charge on the export of certain livestock, including cattle, buffaloes, sheep, lambs, and goats (Section 3). This charge is divided into three components, each intended to fund 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 (only applicable to cattle and buffaloes) (Section 4). The operative sections of the amended regulations (Section 5) specify the rates for these charges, which have been reduced for certain components. The obligations imposed by the Act on the parties involved include the payment of the specified charges for each type of livestock exported. For cattle, buffaloes, sheep, lambs, and goats, the exporters must ensure that the correct charge is levied and paid to the relevant authorities. The AMLRDC and bovine disease eradication components of the charge remain unchanged, while the rates for the AMLC component have been reduced (Section 6). Specifically, the reduction pertains to the portion of the charge allocated to residue testing and Computer Aided Livestock Marketing (CALM), with no changes affecting goats. The new rates, effective from 1 August 1989, are outlined in the regulations. For cattle, the AMLC charge has been reduced from $9.80 to $6.10, and the total charge from $11.05 to $7.35. For sheep and lambs, the AMLC charge has been reduced from 27.2 cents to 26.2 cents, with the total charge decreasing from 39.7 cents to 38.7 cents. For buffaloes, the AMLC charge has been reduced from $3.30 to $3.10, with the total charge decreasing from $4.55 to $4.35. These reductions align with the recommendation endorsed by the AMLC at its Annual General Meeting on 8 December 1988 (Section 7). There are no specific offences, penalties, or civil/criminal consequences mentioned in the text regarding the breach of these regulations. However, the failure to comply with the charge payment requirements could potentially lead to legal actions by the authorities for non-payment or underpayment of the charges. The precise consequences would depend on the relevant legislation and administrative processes in place.