EXPLANATORY STATEMENT
STATUTORY RULES 1982 363 No.
Issued by the Authority of the Minister of State for Transport and Construction for and on behalf of the Minister of State for Primary Industry.
LIVE-STOCK EXPORT CHARGE REGULATIONS
(AMENDMENT)
These regulations are designed to amend the existing regulations under the Live-stock Export Charge Act 1977 so as to increase the amounts imposed per head of livestock.
The Live-stock Export Charge Act imposes a charge on cattle, buffaloes, sheep, lambs and goats. The charge consists of 3 components, which respectively raise funds for the following purposes:
(a) Financing of the Australian Meat and Live-stock Corporation (AMLC)
(b) Meat and livestock research
(c) Bovine disease eradication (only cattle and buffaloes are subject to charge for this purpose).
The Act specifies the maximum amounts per head which may be levied under the various components in respect of each category of livestock. The operative amounts are prescribed by regulation and section 13 of the Act empowers the Governor-General to do this.
Section 13 also requires that before making such regulations, the Governor-General shall take into consideration any recommendations made to the Minister for Primary Industry by the AMLC. The AMLC is in turn required to consult the industry Consultative Groups established under its enabling Act and, in the case of research components, also the Australian Meat Research Committee.
The AMLC has recommended to the Minister for Primary Industry that those components of the levy which raise funds for the AMLC for its administrative costs and other activities be increased with effect from 1 January 1983.
The recommended increases are (¢/head):
Cattle and Buffaloes | - 120.0, formerly 79.4 |
Sheep/lambs/goats | - 12.0, formerly 7.94 |
The increases are required in order to maintain the present level of AMLC activities, and the necessity for which were foreshadowed by the AMLC in discussions with industry bodies in March this year.
Before the AMLC made its recommendations to the Minister, it duly consulted all of the industry Consultative Groups specified in the Act. These Groups are:
(1) The Live-stock Producers Consultative Group
(2) The Meat Exporters and Abattoir Operators Consultative Group
(3) The Live-stock Exporters Consultative Group.
All groups agreed with the proposed increases
Overview
The Live-stock Export Charge Regulations (Amendment) 1982, issued by the Authority of the Minister of State for Transport and Construction on behalf of the Minister of State for Primary Industry, were enacted to address the need for increased funding to support the Australian Meat and Livestock Corporation (AMLC). The Act, which was originally passed in 1977, imposes a charge on cattle, buffaloes, sheep, lambs, and goats, with the proceeds intended for the financing of the AMLC, meat and livestock research, and bovine disease eradication. The proposed amendments to the regulations were recommended by the AMLC to the Minister for Primary Industry, following consultations with industry Consultative Groups, and were intended to maintain the current level of AMLC activities. The Governor-General, empowered by section 13 of the Act, made the regulations to increase the charges per head of livestock, with effect from 1 January 1983.
The policy objective of the Live-stock Export Charge Act is to generate revenue for the AMLC, which in turn supports meat and livestock research and bovine disease eradication. The increase in charges per head of livestock, as recommended by the AMLC and agreed upon by the industry Consultative Groups, is intended to ensure the continued provision of these essential services. By amending the Live-stock Export Charge Regulations, the government aims to address the financial needs of the AMLC and maintain its role in supporting the Australian meat and livestock industry.
Scope and Application
The Live-stock Export Charge Act 1977 applies to cattle, buffaloes, sheep, lambs, and goats exported from Australia, with a charge imposed on these animals to fund the Australian Meat and Live-stock Corporation, meat and livestock research, and bovine disease eradication. The Act operates across Australia and is implemented through regulations made under the authority of the Governor-General, who must consider recommendations from the AMLC and consult with relevant industry Consultative Groups. These groups include the Live-stock Producers Consultative Group, Meat Exporters and Abattoir Operators Consultative Group, and Live-stock Exporters Consultative Group. The charges are periodically adjusted by regulation to ensure that they adequately fund the purposes outlined in the Act, with the latest amendments set to take effect from 1 January 1983. These amendments reflect recommendations made by the AMLC after consultation with the industry groups, aimed at maintaining the current level of activities and funding for the AMLC.
Key Provisions
The Live-stock Export Charge Regulations (Amendment) primarily focus on adjusting the charges imposed on various categories of livestock under the Live-stock Export Charge Act 1977. Section 13 of the Act allows the Governor-General to prescribe the amounts charged per head of livestock, taking into account recommendations from the Australian Meat and Livestock Corporation (AMLC). The AMLC, in turn, consults with industry Consultative Groups before making its recommendations. The amendment increases the charge for cattle and buffaloes from 79.4 cents to 120.0 cents per head, and for sheep, lambs, and goats from 7.94 cents to 12.0 cents per head. These changes, effective from 1 January 1983, are necessary to sustain the AMLC's current level of activities, as highlighted in discussions with industry bodies earlier this year.
The obligations imposed by these regulations on the AMLC include consulting with industry Consultative Groups before making any recommendations to the Minister for Primary Industry. The AMLC must ensure that the industry Consultative Groups are properly consulted, specifically the Live-stock Producers Consultative Group, the Meat Exporters and Abattoir Operators Consultative Group, and the Live-stock Exporters Consultative Group. These groups are required to agree on the proposed increases before the AMLC can recommend them to the Minister. The Governor-General, upon receiving these recommendations, must then consider them before making the regulations to adjust the livestock export charges.
The regulations do not explicitly outline specific offences, penalties, or civil and criminal consequences for breach. However, the process of increasing the charges must be followed meticulously as per the Act. Any failure to consult the specified Consultative Groups or to adhere to the regulatory process could result in the regulations being challenged in court, potentially leading to them being declared invalid. Additionally, if the new charges are implemented without proper consultation or adherence to the legislative process, there could be repercussions for the AMLC and the relevant government authorities. The exact consequences would depend on the specifics of any legal challenge and the findings of a court if such a challenge were to proceed.