Live-stock (Exporters) Export Charge Act 1997

Legislation au C2004A05305 Not in force Act

Legislation content

 

 

 

 

Live‑stock (Exporters) Export Charge Act 1997

 

No. 216, 1997

 

 

 

 

 

 

 

 

 

 

 

Live‑stock (Exporters) Export Charge Act 1997

 

No. 216, 1997

 

 

 

 

An Act to impose a charge, payable by exporters, on the export of certain live‑stock, and for purposes dealing with the imposition of the charge

 

 

 

Contents

1 Short title..................................1

2 Commencement..............................2

3 Definitions.................................2

4 Imposition of charge............................2

5 Exemption of live-stock from charge..................2

6 No amount of charge payable in certain cases.............3

7 Rate of charge on export of sheep....................3

8 Rate of charge on export of lambs....................3

9 Rate of charge on export of goats....................3

10 Charge payable by exporters.......................4

11 Regulations.................................4

 

Live-stock (Exporters) Export Charge Act 1997

No. 216, 1997

 

 

 

An Act to impose a charge, payable by exporters, on the export of certain live-stock, and for purposes dealing with the imposition of the charge

[Assented to 17 December 1997]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Live‑stock (Exporters) Export Charge Act 1997.

2  Commencement

  This Act commences at the commencement of Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

3  Definitions

 (1) In this Act, unless the contrary intention appears:

charge means charge imposed by this Act.

lamb means a sheep that has not cut a permanent incisor tooth.

live-stock means sheep, lambs and goats.

marketing body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

research body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

sheep does not include lambs.

 (2) Unless the contrary intention appears, a word or expression has the same meaning in this Act as it has in the Primary Industries Levies and Charges Collection Act 1991.

4  Imposition of charge

  Subject to this Act, a charge is imposed on the export of live‑stock from Australia after the commencement of this Act.

5  Exemption of live-stock from charge

  Charge is not payable on the export of live‑stock that is included in a class of live‑stock that is, by notice published in the Gazette, declared by the Minister, or by a person authorised by the Minister, in writing, for the purposes of this section, to be a class of live‑stock that is exempt from charge.

6  No amount of charge payable in certain cases

 (1) The regulations may provide that no amount of charge is payable by exporters of live‑stock under this Act.

 (2) Despite anything else in this Act, if a regulation of the kind referred to in subsection (1) is made, an amount of charge is not payable on the export of live‑stock from Australia in respect of any period while the regulation is in force.

7  Rate of charge on export of sheep

  The rate of charge on the export of each head of sheep is the sum of the following amounts:

 (a) the prescribed amount (not exceeding 55 cents), for the purpose of payment to the marketing body;

 (b) the prescribed amount (not exceeding 25 cents), for the purpose of payment to the research body.

8  Rate of charge on export of lambs

  The rate of charge on the export of each head of lambs is the sum of the following amounts:

 (a) the prescribed amount (not exceeding 50 cents), for the purpose of payment to the marketing body;

 (b) the prescribed amount (not exceeding 25 cents), for the purpose of payment to the research body.

9  Rate of charge on export of goats

  The rate of charge on the export of each head of goats is the sum of the following amounts:

 (a) the prescribed amount (not exceeding 55 cents), for the purpose of payment to the marketing body;

 (b) the prescribed amount (not exceeding 25 cents), for the purpose of payment to the research body.

10  Charge payable by exporters

  The charge payable on the export of live‑stock from Australia is payable by the exporter of the live‑stock.

11  Regulations

 (1) The Governor-General may make regulations prescribing all matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 (2) The Minister may, by notice in the Gazette, declare a body to be the body whose recommendations about the amount to be prescribed for the purposes of paragraph 7(a), 7(b), 8(a), 8(b), 9(a) or 9(b) are to be taken into consideration under subsection (3).

 (3) If a declaration is in force under subsection (2), the Governor‑General’s power to make regulations prescribing an amount for the purposes of the paragraph to which the declaration relates is exercisable only on the advice of the Executive Council given after the Council has taken into consideration any recommendations about the amount made to the Minister by the body specified in the declaration in relation to that paragraph.

 

[Minister's second reading speech made in the

House of Representatives on 1 October 1997

Senate on 29 October 1997]

 

 

 

(154/97)

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Livestock (Exporters) Export Charge Act 1997 was enacted by the Parliament of Australia to address the need for financial support to the livestock industry, particularly in relation to marketing and research activities. This Act was introduced to complement the Australian Meat and Livestock Industry Act 1997, aiming to provide a dedicated funding mechanism for these purposes. The primary objective of the Act is to impose a charge on the export of certain livestock, specifically sheep, lambs, and goats, with the proceeds intended to benefit marketing and research bodies within the industry. This Act allows for the establishment of specific rates for the export charge, provides for potential exemptions, and outlines the regulatory framework for the implementation and administration of the charge. The Act allows the Governor-General to make regulations necessary for its enforcement and provides a mechanism for the Minister to consult with specified bodies on recommended rates. This legislative framework ensures that the livestock industry can access the financial resources required to support its operations and development, while also allowing for flexibility in managing the charge through regulatory adjustments.

Scope and Application

The Livestock (Exporters) Export Charge Act 1997 is designed to impose a charge on the export of specific livestock from Australia. This Act applies to the export of sheep, lambs, and goats, imposing a financial obligation on the exporters of these animals. The Act is effective from the commencement of Part 3 of the Australian Meat and Livestock Industry Act 1997, and it is applicable nationally across Australia. The charge is levied on the exporter of the livestock and is intended to be paid for purposes related to marketing and research bodies within the livestock industry. Certain classes of livestock may be exempted from the charge by a notice published in the Gazette, and regulations may also determine that no charge is payable in specific circumstances. The Act allows for the Governor-General to make regulations regarding the charge, including setting the rates for different types of livestock, with some recommendations subject to consideration by a body declared by the Minister. The Act provides a framework for the imposition of the charge and outlines the process for exemptions and regulatory adjustments.

Key Provisions

The Live-stock (Exporters) Export Charge Act 1997 (the "Act") imposes a charge on the export of certain livestock from Australia, specifically sheep, lambs, and goats. The charge is levied on exporters as a contribution towards marketing and research efforts in the livestock industry. Section 4 of the Act imposes this charge on the export of livestock after the Act's commencement, while Section 5 provides for the exemption of certain classes of livestock from the charge if declared by the Minister or an authorised person. The rate of charge for sheep is specified in Section 7, for lambs in Section 8, and for goats in Section 9, each comprising a sum of prescribed amounts directed towards the marketing and research bodies. The Act imposes specific obligations on exporters of livestock. Under Section 10, the charge imposed by the Act is payable by the exporter of the livestock. The Act also allows for the creation of regulations by the Governor-General to prescribe necessary details concerning the charge, as outlined in Section 11. The Minister has the authority to recommend a body to provide advice on the amount to be prescribed for the charge, which is considered by the Executive Council, as detailed in Sections 11(2) and 11(3). Breaches of the provisions of the Act may lead to various consequences. The Act does not explicitly outline specific offences or penalties for non-compliance, but the implications of failing to adhere to the Act's requirements could include financial liabilities for unpaid charges and potential administrative or legal actions to enforce compliance. The regulations made under the Act might further specify the consequences of non-compliance, including potential fines or other penalties as prescribed by the regulations.

Legal classification tags

Area of Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Charge payable by exporters

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.