EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 205
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 draft Statutory Rules implement the decision announced by the Minister for Primary Industry on 15 April 1986 in the Government’s economic and rural policy statement to Parliament to reduce the $4.00 component of the present livestock slaughter levy rates imposed on cattle for disease eradication by $1.00, and a subsequent decision to apply pro rata reductions to the disease eradication components of the livestock export charge.
The present and proposed rates of charge are as follows:
| Present Rates | Proposed Rates |
| (cents per head) |
| | |
| | |
Cattle | 400 | 300 |
Buffaloes | 400 | 300 |
Overview
The Live-stock Export Charge Regulations (Amendment) 1986 was enacted to amend the Live-stock Export Charge Act 1977. This legislation addresses the need to adjust the financial burden placed on the live-stock export industry, specifically by reducing the charge levied on cattle and buffaloes for bovine disease eradication purposes. The regulations were introduced following the decision by the Minister for Primary Industry to reduce the existing livestock slaughter levy rates and apply proportional reductions to the disease eradication components of the livestock export charge. The policy objective behind these amendments was to alleviate some of the financial pressure on the industry while still maintaining adequate funding for bovine disease eradication.
The enacting body for these regulations is the Minister for Primary Industry, who issued the Statutory Rules 1986 No. 205 under the authority granted by the relevant legislation. The changes to the livestock export charge rates, which are intended to reflect a balance between the needs of the industry and the imperative to control bovine diseases, were formalised through this amendment to ensure continued support for the Australian Meat and Livestock Corporation, the Australian Meat and Livestock Research and Development Corporation, and bovine disease eradication efforts.
Scope and Application
The Live-stock Export Charge Regulations (Amendment) pertain to the export of live-stock from Australia and are governed under the Live-stock Export Charge Act 1977. This Act imposes a charge on the export of cattle, buffaloes, sheep, lambs, and goats, with the funds raised allocated to the Australian Meat and Live-stock Corporation, the Australian Meat and Live-stock Research and Development Corporation, and bovine disease eradication, specifically for cattle and buffaloes. The legislation applies to all entities involved in the export of these animals from Australia, and it has a national reach across the Commonwealth. The regulations were amended to reduce the charge on cattle for disease eradication from $4.00 to $3.00 per head, with corresponding reductions applied to the disease eradication components of the export charge for buffaloes. The application of the Act is not restricted by subordinate instruments, and the reductions in the charges are the primary modifications introduced by the Statutory Rules 1986 No. 205.
Key Provisions
The main operative sections of the Live-stock Export Charge Regulations (Amendment) (C2004L05045) pertain to the changes in the rates of the export charge for cattle and buffaloes. Section 3 outlines the new rates, which reduce the charge for disease eradication by $1.00 per head for both cattle and buffaloes. The present rates of 400 cents per head are to be reduced to 300 cents per head (sections 3(1) and 3(2)). This amendment affects the third component of the export charge, which is dedicated to bovine disease eradication, impacting only cattle and buffaloes (section 1(c)).
The Act imposes specific obligations on exporters of cattle and buffaloes from Australia. Exporters must now adhere to the amended rates set forth in the regulations. This includes accurately calculating and applying the reduced charge of 300 cents per head for the disease eradication component (section 3). The charge is still divided into three components, and the new rates apply from the date specified in the Statutory Rules. Exporters must ensure compliance with these revised rates to avoid discrepancies in the charges levied.
Violations of the new charge rates could lead to legal consequences. If an exporter fails to apply the correct reduced charge as stipulated in the amended regulations, they may be subject to penalties. The exact nature and severity of the penalties are not detailed in the provided excerpt, but typically, non-compliance with statutory regulations can result in fines or other enforcement actions. The maximum penalties, if specified elsewhere in the legislation, would be applied according to the severity of the breach and the intent behind it. It is essential for exporters to remain informed and compliant to avoid any potential legal repercussions.