Live-stock Export Charge Regulations (Amendment) 1991 No. 369
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 369
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 from Australia. The Charge consists of three components which raise funds for the following purposes:
a) financing the Australian Meat and Live-stock Corporation (AMLC);
b) financing the Meat Research Corporation (MRC); and
c) bovine disease eradication (buffaloes only).
As a result of the success of the Brucellosis and Tuberculosis Eradication Campaign, which will soon make the transition from an active to a monitoring phase, and the level of reserves in the National Cattle Disease Eradication Trust Account, the Cattle Council of Australia has recommended a decrease in the rate of charge on buffaloes for bovine disease eradication purposes. The Minister for Primary Industries and Energy has accepted this recommendation. The new rates will have effect from 1 December 1991.
The present and proposed operative rates and the prescribed maximum rates of levy for buffaloes are:
AMLC
MRC
Total
Disease erad
Total
| Present rates
$3.10
$2.00
$5.10
$3.00
$8.10 | Proposed rates
(per head)
$3.10
$2.00
$5.10
$1.20
$6.30 | Prescribed
maximum rates
$2.00
$18.00
$5.00 |
The AMLC and MRC components of the charge remain unchanged by these Regulations.
Overview
The Live-stock Export Charge Regulations (Amendment) 1991 No. 369 was issued under the authority of the Minister for Primary Industries and Energy, amending the Live-stock Export Charge Act 1977. This Act initially imposed a charge on the export of sheep, lambs, buffaloes and goats from Australia to fund the Australian Meat and Live-stock Corporation, the Meat Research Corporation, and bovine disease eradication, specifically for buffaloes. The regulation responds to the successful Brucellosis and Tuberculosis Eradication Campaign for cattle and the adequate reserves in the National Cattle Disease Eradication Trust Account, recommending a reduction in the charge rate for buffaloes. The new rates, effective from 1 December 1991, lower the charge for bovine disease eradication for buffaloes while maintaining the other components unchanged.
Scope and Application
The Live-stock Export Charge Regulations (Amendment) 1991 No. 369 applies to the export of sheep, lambs, buffaloes and goats from Australia and imposes a charge on such exports, as mandated by the Live-stock Export Charge Act 1977. The Act applies to the entities or individuals exporting these live-stocks and pertains to the conduct of live-stock export transactions. The charge consists of three components, financing the Australian Meat and Live-stock Corporation (AMLC), the Meat Research Corporation (MRC), and bovine disease eradication (for buffaloes). The geographic reach of the Act is national, as it pertains to the exports from Australia. The charge rates for buffaloes for bovine disease eradication purposes have been amended to reflect the success of the Brucellosis and Tuberculosis Eradication Campaign and the level of reserves in the National Cattle Disease Eradication Trust Account, with the new rates effective from 1 December 1991. The AMLC and MRC components of the charge remain unchanged by these Regulations. The Act does not explicitly mention any exclusions, exemptions, or thresholds; however, it is possible that such details may be specified in subordinate instruments.
Key Provisions
The Live-stock Export Charge Regulations (Amendment) 1991 No. 369 amends the Live-stock Export Charge Regulations under the Live-stock Export Charge Act 1977. The primary changes (section 2) involve reducing the charge for the export of buffaloes, specifically for bovine disease eradication purposes, effective from 1 December 1991. The new rate for buffaloes is set at $1.20 per head, down from the previous $3.00. The changes are made in response to the successful Brucellosis and Tuberculosis Eradication Campaign and the sufficient 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.
Under the amended regulations, the entities governed must adhere to the new rates when calculating and imposing the livestock export charge on buffaloes. The Australian Meat and Livestock Corporation (AMLC) and the Meat Research Corporation (MRC) components of the charge remain unchanged, with rates set at $3.10 and $2.00 per head respectively. The total charge for buffaloes now amounts to $6.30 per head, comprising the unchanged AMLC and MRC charges plus the reduced disease eradication charge.
Failure to comply with the amended regulations may result in legal consequences. While the specific penalties for breach are not detailed in the explanatory statement, penalties under the original Act typically include fines and other civil or criminal penalties as prescribed by relevant legislation. The maximum fines for breaches of the Live-stock Export Charge Act can be substantial, depending on the nature and severity of the offence, and are designed to ensure compliance with the regulatory framework governing livestock export charges.