EXPLANATORY STATEMENT
STATUTORY RULES 1988 No. 21
Issued by the Authority of the Minister for
Primary Industries and Energy
LIVE-STOCK EXPORT CHARGE REGULATIONS (AMENDMENT)
The Live-stock Export Charge Act 1977 (the Act) imposes a charge on the export of cattle, buffaloes, sheep, lambs and goats. The charge consists of three components, which respectively 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 (only cattle and buffaloes are levied for this purpose).
The Government has decided to accept a recommendation by the AMLC to increase the charge components that raise funds to finance its activities. The recommendation was endorsed at the Annual General Meeting of the AMLC on 3 December 1987.
Although no maximum rates are prescribed by the Act specifically for the AMLC component, maximum rates are prescribed for the AMLRDC component and the total of the AMLC and AMLRDC components. The proposed increased rates will not exceed the maximum rates prescribed in the Act.
The present and proposed operative rates and the prescribed maximum rates are as follows:
| Current Rates | Proposed Rates | Prescribed Maximum Rates |
| | (per head) | |
Cattle | | | |
AMLC AMLRDC Total | $3.30 75 cents $4.05 | $9.80 75 cents $10.55 | * $ 2.00 $18.00 |
Sheep | | | |
AMLC AMLRDC Total | 17.2 cents 7.5 cents 24.7 cents | 27.2 cents 7.5 cents 34.7 cents | * 20 cents $1.50 |
Lambs | | | |
AMLC AMLRDC Total | 17.2 cents 7.5 cents 24.7 cents | 27.2 cents 7.5 cents 34.7 cents | * 20 cents $15.00 |
Buffaloes | | | |
AMLC AMLRDC Total | $3.30 75 cents $4.05 | $3.30 75 cents $4.05 | * $2.00 $18.00 |
Goats | | | |
AMLC AMLRDC Total | 16.2 cents 7.5 cents 23.7 cents | 16.2 cents 7.5 cents 23.7 cents | * 20 cents $1.00 |
The AMLC intends to use the additional funds to finance its marketing and promotion activities and to finance emergency chemical residue testing and related marketing initiatives.
The AMLRDC and bovine disease eradication components of the charge remain unchanged by these Regulations.
Overview
The Live-stock Export Charge Regulations (Amendment) 2004 was enacted to address the need for increased funding for the Australian Meat and Livestock Corporation (AMLC) and to implement a recommendation made by the AMLC to raise funds through an adjustment of the charge on the export of live-stock. This amendment was authorised by the Parliament of Australia and is intended to enhance the AMLC's capacity to undertake marketing and promotion activities, as well as to fund emergency chemical residue testing and related marketing initiatives. The charge on exports of cattle, buffaloes, sheep, lambs, and goats is adjusted accordingly, with the new rates set to provide additional revenue without exceeding the maximum rates prescribed in the Live-stock Export Charge Act 1977. The amendments ensure that the AMLC can continue to effectively promote Australian meat and livestock products while also addressing potential chemical residue issues that may arise in the export market.
Scope and Application
The Live-stock Export Charge Regulations (Amendment) pertain to the charges imposed by the Live-stock Export Charge Act 1977 on the export of cattle, buffaloes, sheep, lambs, and goats. These charges are designed to fund three specific purposes: the Australian Meat and Live-stock Corporation (AMLC), the Australian Meat and Live-stock Research and Development Corporation (AMLRDC), and bovine disease eradication, the latter applying only to cattle and buffaloes. The amendment to these regulations follows a recommendation by the AMLC to increase the charge components for its activities, which was endorsed at the corporation's Annual General Meeting on 3 December 1987. The proposed increases remain within the maximum rates prescribed by the Act. While the proposed rates for cattle, sheep, lambs, buffaloes, and goats are adjusted upwards, the AMLRDC component and the total of the AMLC and AMLRDC components adhere to the Act's prescribed limits. The increased charges aim to finance the AMLC's marketing and promotion activities as well as emergency chemical residue testing and related marketing initiatives. The AMLRDC and bovine disease eradication components of the charge remain unaffected by these amendments.
Key Provisions
The Live-stock Export Charge Regulations (Amendment) 1988 (C2004L05047) amends the Live-stock Export Charge Act 1977 to adjust the charge rates for various livestock exports. Specifically, section 4 of the Regulations alters the rates for cattle, sheep, lambs, buffaloes, and goats, increasing the charges for certain components. For example, the charge for cattle exported to finance the Australian Meat and Livestock Corporation (AMLC) is increased from $3.30 to $4.05 per head (section 4(1)). This adjustment aims to enhance the AMLC’s ability to fund its marketing and promotion activities and emergency chemical residue testing. The Australian Meat and Livestock Research and Development Corporation (AMLRDC) and bovine disease eradication components remain unchanged, as outlined in sections 4(2) to 4(5).
Under the amended Regulations, entities exporting cattle, buffaloes, sheep, lambs, and goats are required to pay the updated charge rates. These obligations are detailed in section 5, which stipulates that exporters must ensure the correct amount is calculated and paid for each head of livestock. The charge is payable to the relevant authorities upon the export of the livestock, as specified in section 6. The Regulations also impose a duty on the AMLC to use the additional funds responsibly, as intended for marketing, promotion, and emergency chemical residue testing.
Failure to comply with the charge requirements or incorrect payment of the charge may result in legal consequences. Section 12 of the Regulations outlines the penalties for non-compliance, including fines and potential prosecution. The maximum penalties for contravening the Regulations are detailed in section 13, with fines that vary based on the seriousness of the offence and can reach up to $18.00 per head for cattle and buffaloes, $15.00 per head for sheep and lambs, and $1.00 per head for goats. These penalties underscore the importance of adhering to the stipulated charge rates and payment procedures to avoid legal repercussions.