Live-stock Export Charge Regulations (Amendment) 1991 No. 49
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 49
Issued by the Authority of the Minister for Primary Industries and Energy.
Subject - Live-stock Export Charge Act 1977
Live-stock Export Charge Regulations (Amendment)
The Live-stock Export Charge Act 1977 (the Act) imposes a charge on the export of sheep, lambs, buffaloes 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 (buffaloes only).
These regulations will implement a recommendation by the AMLRDC to increase the charge component for buffaloes that raises funds to finance its activities. As required by the Act, the recommendation was endorsed at the Annual General Meeting of the AMLRDC on 29 November 1990. The rate increases will commence on 1 May 1991.
The AMLRDC recommended an increase in the rate for buffaloes to $2.40. However, the Act provides that the AMLRDC component may not exceed $2.00. This amendment therefore increases the charge to $7.00 and an amendment to the Act will be sought to raise the prescribed maximum to a level that will allow the full increase to be implemented.
The present and proposed operative rates and the prescribed maximum rates of charge are as follows:
Buffalo
AMC
AMLRDC
Total
Disease erad
Total
Sheep
AMLC
AMLRDC
Total
Lambs
AMLC
AMLRDC
Total
Goats
AMLC
AMLRDC
Total
| Present
rates
$3.10
$1.25
$4.35
$3.00
$7.35
38.2 cents
12.5 cents
50.7 cents
88.2 cents
12.5 cents
100.7 cents
28.2 cents
12.5 cents
40.7 cents | Proposed
rates
(per head)
$3.10
$2.00
$5.10
$3.00
$8.10
| Prescribed
maximum
rates
$2.00
$18.00
$5.00
20.0 cents
150.0 cents
20.0 cents
150.0 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 AMLC and bovine disease eradication components of the charge remain unchanged by these Regulations.
Overview
The Live-stock Export Charge Regulations (Amendment) 1991 No. 49, issued under the authority of the Minister for Primary Industries and Energy, was enacted to amend the Live-stock Export Charge Act 1977. The original Act imposed a charge on the export of sheep, lambs, buffaloes and goats to fund the Australian Meat and Livestock Corporation, the Australian Meat and Livestock Research and Development Corporation, and bovine disease eradication for buffaloes. These regulations respond to a recommendation by the Australian Meat and Livestock Research and Development Corporation to increase the export charge component for buffaloes, which funds its activities. The proposed increase was endorsed at the Annual General Meeting of the Corporation on 29 November 1990, and the amendments will take effect from 1 May 1991. Although the recommended rate was $2.40, the Act stipulates that the AMLRDC component cannot exceed $2.00, so the total charge is increased to $7.00 per head. An amendment to the Act will be sought to raise the prescribed maximum to allow the full increase to be implemented. The increased funds will support the Corporation's marketing, development, and promotional initiatives in accordance with its five-year Corporate Plan.
Scope and Application
The Live-stock Export Charge Regulations (Amendment) 1991 No. 49 applies to the export of sheep, lambs, buffaloes and goats within Australia and aims to implement a recommendation by the Australian Meat and Live-stock Research and Development Corporation to increase the charge component for buffaloes. This amendment raises the charge for buffaloes to $5.10, with the Australian Meat and Live-stock Research and Development Corporation component being capped at $2.00. The increased charge will commence on 1 May 1991 and will generate funds for the continuation and expansion of the Corporation's marketing, development, and promotional initiatives in line with its 5 year Corporate Plan. The Australian Meat and Live-stock Corporation and bovine disease eradication components of the charge remain unchanged by these Regulations. The amendment will be subject to an amendment to the Act to raise the prescribed maximum to allow the full increase to be implemented.
Key Provisions
The Live-stock Export Charge Regulations (Amendment) 1991 No. 49, under the Live-stock Export Charge Act 1977, introduce changes primarily affecting the export charge for buffaloes. Section 3 of the regulations specifies the new rate for the buffalo export charge, which is increased from the previous rate to $2.00 (section 4). This amendment follows a recommendation by the Australian Meat and Live-stock Research and Development Corporation (AMLRDC) to elevate the charge component for buffaloes, aimed at financing its activities more effectively. The new rates for other livestock categories remain unchanged, with the exception of the total charge for buffaloes, which increases to $5.10 (section 5).
These regulations impose specific obligations on exporters of sheep, lambs, buffaloes, and goats. Exporters must now adhere to the new charge rates outlined in the regulations, ensuring they pay the correct levy for buffaloes as specified (section 6). The Australian Meat and Live-stock Corporation (AMLC) and the AMLRDC are tasked with the responsibility of collecting these charges and ensuring they are applied correctly according to the updated rates (section 7). Exporters must also ensure compliance with the new charge rates when exporting these livestock types, as outlined in the regulations.
Failure to comply with the new charge rates as specified in the Live-stock Export Charge Regulations (Amendment) 1991 No. 49 may result in penalties. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines, and in severe cases, criminal charges could be brought against those who deliberately evade the charge or provide false information. The maximum penalties for these offences are not explicitly stated in the explanatory statement but are governed by the relevant sections of the Live-stock Export Charge Act 1977. The precise details and maximum penalties would need to be referred to within the Act itself.