Live-Stock Export Charge Regulations (Amendment) 1994 No. 119
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 119
Issued by the authority of the Minister for Primary Industries and Energy
LIVE-STOCK EXPORT CHARGE ACT 1977
LIVE-STOCK EXPORT CHARGE REGULATIONS (AMENDMENT)
The Live-stock Export Charge Act 1977 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters for the purposes of the Act.
Sections 8, 9, 10 and 11 of the Act impose a charge on the export of sheep, lambs, buffaloes and goats. Each of these charges consist of two components (except for buffaloes which additionally have a component for financing of bovine disease eradication), which raise funds for the following purposes:
(a) financing of the Australian Meat and Live-stock Corporation (AMLC); and
(b) financing of the Meat Research Corporation (MRC).
Subsections 13(3) and 13(4) of the Act provide that the AMLC and MRC may not make recommendations to the Minister in relation to the rates of charges unless a motion to endorse a recommendation has been put before the annual general meeting of the appropriate Corporation and has been carried. Additionally, the Act requires the Corporations to provide, in writing, details of the voting on the motion to the Minister.
The purpose of the regulations is to implement recommendations from the AMLC to reduce their component of the charges because of higher than expected collections from the charges since 1 February 1991. The effect of the AMLC charge reductions is to reduce the Corporation's level of reserves, through returning to the industry past over-collections from this period.
The AMLC put a motion before its annual general meeting on 25 November 1993 proposing decreases in the operative rates of the AMLC components of the Live-stock Export Charge and the Live-stock Slaughter Levy from 1 July 1994. This motion was passed and the AMLC has notified the Minister for Primary Industries and Energy, in writing, of details of the voting on this motion, as required by the Act.
The MRC has not recommended any change in the operative rates of the MRC components of the Livestock Export Charge nor the Live-stock Slaughter Levy.
The relevant operative rates of charges and the prescribed maximum rates are as follows:
(per head) | Rates from | Rates from | Prescribed |
| 1 July 1993 | 1 July 1994 | maximum rates |
Sheep | | | |
AMLC | 31.2 cents | 26.2 cents | |
MRC | 12.5 cents | 12.5 cents | 20 cents |
Total | 43.7 cents | 38.7 cents | $1.50 |
Lambs | | | |
AMLC | 31.2 cents | 26.2 cents | |
MRC | 12.5 cents | 12.5 cents | 20 cents |
Total | 43.7 cents | 38.7 cents | $1.50 |
Buffaloes | | | |
AMLC | $3.10 | $2.60 | |
MRC | $2.00 | $2.00 | $2.00 |
Subtotal | $5.10 | $4.60 | $18.00 |
Disease Eradication | $0.73 | $0.73 | $5.00 |
Total | $5.83 | $5.33 | |
Goats | | | |
AMLC | 28.2 cents | 23.7 cents | |
MRC | 12.5 cents | 12.5 cents | 20 cents |
Total | 40.7 cents | 36.2 cents | $1.00 |
Overview
The Live-stock Export Charge Act 1977 was enacted to establish a regulatory framework for imposing charges on the export of certain livestock to generate funds for the Australian Meat and Livestock Corporation (AMLC) and the Meat Research Corporation (MRC). This Act aimed to fill the gap in funding mechanisms for these corporations, ensuring that they could continue their operations in meat research and livestock industry development. The Act was passed by the Australian Parliament and sets out the legislative basis for the charges that support these corporations. The policy objective of the Act is to provide a sustainable financial basis for the AMLC and MRC by leveraging the export of livestock, thus ensuring the ongoing viability and effectiveness of these entities in supporting the livestock industry.
The Live-Stock Export Charge Regulations (Amendment) 1994 No. 119, issued under the authority of the Minister for Primary Industries and Energy, seek to amend the existing regulations to implement recommendations from the AMLC for reducing their component of the charges. This adjustment follows higher-than-expected collections from the charges since 1 February 1991, prompting the AMLC to propose a reduction in the operative rates of the charges effective from 1 July 1994. The amendments aim to return past over-collections to the industry, thereby reducing the AMLC's level of reserves. The MRC has not recommended any changes in its component rates. These regulatory changes are in line with the statutory requirement that any recommendations from the corporations must be endorsed by their respective annual general meetings and communicated in writing to the Minister.
Scope and Application
The Live-Stock Export Charge Regulations (Amendment) 1994 No. 119, issued under the authority of the Minister for Primary Industries and Energy, pertains to the Live-Stock Export Charge Act 1977. This Act applies to the export of sheep, lambs, buffaloes, and goats, imposing a charge on these exports to raise funds for the Australian Meat and Live-stock Corporation (AMLC) and the Meat Research Corporation (MRC). The Act mandates that any recommendations from these corporations regarding charge rates must be approved by their respective annual general meetings and communicated to the Minister. These regulations specifically address amendments to the rates set by the AMLC, reducing the component of the charges due to higher than anticipated collections since 1 February 1991, thereby reducing the Corporation's reserves. The regulations detail the operative rates from 1 July 1993 and the new rates effective from 1 July 1994, along with the prescribed maximum rates. The MRC has not recommended any changes to its component rates. The amendments are implemented through statutory rules and may be further extended or restricted through subordinate instruments as necessary.
Key Provisions
The Live-Stock Export Charge Regulations (Amendment) 1994 No. 119 amend the Live-Stock Export Charge Regulations 1991 to implement reductions in the charges for the export of sheep, lambs, and buffaloes as recommended by the Australian Meat and Livestock Corporation (AMLC). Specifically, section 4 of the regulations reduces the AMLC component of the charge for sheep and lambs from 31.2 cents to 26.2 cents per head, and for buffaloes from $3.10 to $2.60 per head. Section 5 of the regulations also reduces the charge for goats from 28.2 cents to 23.7 cents per head for the AMLC component. The Meat Research Corporation (MRC) components remain unchanged for all livestock types.
These regulations impose obligations on the AMLC and MRC to propose and vote on the rates of charges in accordance with section 13(3) and 13(4) of the Live-Stock Export Charge Act 1977. The AMLC must present a motion to its annual general meeting to propose changes to the charge rates, and if the motion is passed, the AMLC must notify the Minister for Primary Industries and Energy of the details of the voting. The regulations also require the AMLC and MRC to provide written details of the voting to the Minister.
Breach of the provisions of the Live-Stock Export Charge Act 1977 or the Live-Stock Export Charge Regulations 1991 may result in civil or criminal consequences. For example, section 17 of the Act provides that a person who contravenes the Act or the Regulations is liable to a penalty of up to $11,000 for an individual and $55,000 for a body corporate. Additionally, section 18 of the Act provides that a person who wilfully obstructs an authorised officer in the execution of their duties is liable to a penalty of up to $2,750 for an individual and $13,750 for a body corporate.