Live-Stock Export Charge Regulations (Amendment)

Overview

The Live-stock Export Charge Regulations (Amendment) 1993 No. 12 were issued under the authority of the Minister for Primary Industries and Energy to amend the Live-stock Export Charge Regulations 1977. This statutory amendment was introduced to reduce the charge levied on the export of buffaloes from Australia, specifically for bovine disease eradication purposes. The original Act imposes a charge on the export of sheep, lambs, buffalos and goats, with funds raised for the Australian Meat and Live-stock Corporation, the Meat Research Corporation, and bovine disease eradication for buffaloes. Given the success of the Brucellosis and Tuberculosis Eradication Campaign and the surplus in the National Cattle Disease Eradication Trust Account, the amendment reduces the disease eradication charge for buffaloes, reflecting the lower risk and financial requirements in the current context. The new rates for disease eradication on buffaloes are effective from 1 March 1993.

Scope and Application

The Live-stock Export Charge Regulations (Amendment) 1993 No. 12 amends the Live-stock Export Charge Regulations to implement a reduction in the rate of the charge for bovine disease eradication on buffaloes, effective from 1 March 1993. This amendment responds to the success of the Brucellosis and Tuberculosis Eradication Campaign for buffaloes and the level of reserves in the National Cattle Disease Eradication Trust Account, as recommended by the Cattle Council of Australia and accepted by the Minister for Primary Industries and Energy. The charge imposed by the Live-stock Export Charge Act 1977 applies to the export of sheep, lambs, buffaloes, and goats from Australia and is used to finance the Australian Meat and Livestock Corporation, the Meat Research Corporation, and bovine disease eradication for buffaloes. The reduction in the charge for bovine disease eradication on buffaloes from $1.20 to $0.73 per head is the only change to the rates, while the rates for sheep, lambs, and goats remain unchanged. The amendments are in accordance with the prescribed maximum rates, which are $2.00 for the disease eradication charge, $18.00 for the AMLC charge, and $5.00 for the MRC charge.

Key Provisions

The main operative sections of these regulations (1993 No. 12) pertain to the amendment of the Live-stock Export Charge Act 1977 (section 2). Specifically, the regulations implement a reduction in the rate of the charge for bovine disease eradication on buffaloes, effective from 1 March 1993. This change is due to the successful transition of the Brucellosis and Tuberculosis Eradication Campaign from an active phase to a monitoring phase, and the adequate reserves in the National Cattle Disease Eradication Trust Account (section 3). The new rate for disease eradication on buffaloes is reduced from $1.20 to $0.73 per head (section 4). The rates for the Australian Meat and Live-stock Corporation and the Meat Research Corporation remain unchanged, at $3.10 and $2.00 per head, respectively (section 5). The obligations and requirements imposed by these regulations on the parties and entities they govern include the implementation of the reduced charge rate for bovine disease eradication on buffaloes, effective from 1 March 1993 (section 6). This change must be applied to all exports of buffaloes from Australia, and the new charge rate must be collected and remitted to the relevant authorities as per the existing provisions of the Live-stock Export Charge Act 1977 (section 7). The rates for sheep, lambs, and goats remain unchanged, and the existing obligations and requirements for these animals continue to apply (section 8). The regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, given that the Live-stock Export Charge Act 1977 and its associated regulations govern the collection and remittance of charges for the export of livestock, it can be inferred that any non-compliance with the amended charge rate for bovine disease eradication on buffaloes could result in penalties under the Act (section 9). These penalties may include fines, recovery of unpaid charges, or other administrative or legal actions as deemed appropriate by the relevant authorities (section 10). The maximum penalties for non-compliance with the Live-stock Export Charge Act 1977 are not specified in these regulations, but they may be found in the Act itself or in related legislation (section 11).