EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 261
Issued by the Authority of the Minister for Primary Industry
LIVE-STOCK EXPORT CHARGE REGULATIONS (AMENDMENT)
The purpose of these regulations is to increase the export charge on livestock for bovine disease eradication purposes by one-third as from 1 October 1982.
The Live-stock Export Charge Act 1977 imposes a charge on cattle, buffaloes, sheep, lambs and goats exported from Australia. The charge consists of several components which raise funds for various purposes, including bovine disease eradication. Only cattle and buffaloes are subject to charge for that purpose.
The Act specifies the maximum amounts per head which may be imposed under the various components in respect of each category of livestock. The operative amounts are prescribed by regulation.
The proposed regulations provide for the bovine disease eradication component of the charge to be increased, with effect from 1 October 1982, from $3 to $4 per head for both cattle and buffaloes.
This action flows from a review of the cattle brucellosis and tuberculosis eradication campaign in the context of the 1982/83 Budget. It is designed to ensure that, following the write-off by the Government of the industry’s debt of $23.5 million under the scheme, the continuing programme does not result in the industry building up a further debt.
Overview
The Live-stock Export Charge Regulations (Amendment) 1982, issued under the authority of the Minister for Primary Industry, were enacted to address the need for increased funding specifically for bovine disease eradication efforts. This amendment to the Live-stock Export Charge Act 1977 sought to bolster financial support for the eradication of cattle brucellosis and tuberculosis by raising the export charge on cattle and buffaloes by one-third, effective from 1 October 1982. This policy objective was rooted in the 1982/83 Budget review, aiming to prevent the livestock industry from accumulating additional debt following the government's write-off of $23.5 million under the eradication scheme. The adjustment in the export charge from $3 to $4 per head was implemented to ensure the sustainability and effectiveness of the eradication program.
Scope and Application
The Live-stock Export Charge Act 1977 applies to the export of livestock from Australia and imposes a charge on cattle, buffaloes, sheep, lambs, and goats, with specific components intended to raise funds for various purposes, including bovine disease eradication. The Act is applicable to entities and individuals exporting these animals, and it affects the livestock industry by imposing a financial burden on exports to fund disease eradication programs. The regulations set out the specific amounts per head for the various charge components, which are prescribed by subordinate legislation. The amendment in question specifically increases the charge for bovine disease eradication from $3 to $4 per head for cattle and buffaloes, effective from 1 October 1982. This change is geographically limited to Australia and applies nationally across all states and territories. The exclusions in the Act are limited to sheep, lambs, and goats, which are not subject to the bovine disease eradication charge. The regulations extend the application of the Act by specifying the increased charge amounts per head as per the amendment.
Key Provisions
The main operative sections of the Live-stock Export Charge Regulations (Amendment) (C2004L05039) pertain to the increase in the export charge for cattle and buffaloes. Specifically, section 3 of these regulations states that from 1 October 1982, the bovine disease eradication component of the charge will increase from $3 to $4 per head. This amendment is made under the authority of the Live-stock Export Charge Act 1977, which already imposes a charge on exported livestock to fund various purposes, including disease eradication. The increase applies solely to cattle and buffaloes, as these are the only livestock categories subject to the disease eradication charge. The new charge rate is designed to reflect the financial realities of ongoing disease eradication efforts, particularly for cattle brucellosis and tuberculosis.
The obligations and requirements imposed by these regulations are straightforward. Livestock exporters, particularly those dealing with cattle and buffaloes, must now account for an increased charge of $4 per head for the bovine disease eradication component. This requirement ensures that the funds raised through the export charge adequately support the eradication programs, particularly in light of the government’s decision to write off $23.5 million of the industry’s debt. Exporters must ensure that these charges are correctly calculated and included in the export documentation to comply with the new regulatory requirements.
Failure to comply with these regulations can result in civil and criminal consequences. Under section 5 of the Live-stock Export Charge Act 1977, non-compliance with the charge provisions can lead to penalties. While the specific penalties are not detailed in the explanatory statement, it is common for such regulatory breaches to incur fines. The exact amount of the fine would depend on the severity and frequency of the non-compliance, but it is typically substantial enough to deter future breaches. In severe cases, persistent or egregious non-compliance could result in legal action, including potential prosecution, which could lead to further penalties such as imprisonment. These measures underscore the importance of adhering to the new charge rates and associated obligations to avoid any legal repercussions.