EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO 119
Issued by the Authority of the Minister for Resources
LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE) COLLECTION ACT 1979
LIVE-STOCK SLAUGHTER (EXPORT
INSPECTION CHARGE) COLLECTION REGULATIONS
(REPEAL)
The Live-stock Slaughter (Export Inspection Charge) Collection Act 1979 (the Act) provides for the collection of the charge imposed by the Live-stock Slaughter (Export Inspection Charge) Act 1979.
Section 11 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed for carrying out or giving effect to the Act.
Fee for service for slaughter floor meat inspection will be introduced from 1 July 1988 by orders under the Export Control Act 1982, obviating the need for regulations under the Act providing for the collection of the per carcase rate of charge for export inspection of live-stock.
Accordingly, the Live-stock Slaughter (Export Inspection Charge) Collection Regulations (Repeal) (the Repeal Regulations) repeal the Live-stock Slaughter (Export Inspection Charge) Collection Regulations.
The Repeal Regulations commence on 1 July 1988.
Overview
The Live-stock Slaughter (Export Inspection Charge) Collection Act 1979 was enacted to facilitate the collection of charges associated with the export inspection of livestock. The Act was introduced to address the need for a systematic collection process for the fees imposed under the Live-stock Slaughter (Export Inspection Charge) Act 1979. The enacting body was the Parliament of Australia, which sought to streamline the administrative processes involved in livestock export inspections by ensuring that charges were collected efficiently. The policy objective of the Act was to provide a legal framework for the collection of fees, thus ensuring that the inspection services were adequately funded and could be maintained at a high standard.
In 1988, the Live-stock Slaughter (Export Inspection Charge) Collection Regulations were repealed with the introduction of a fee-for-service model for slaughter floor meat inspection under the Export Control Act 1982. This change rendered the regulations unnecessary and led to their repeal. The Repeal Regulations were issued under the authority of the Minister for Resources, and they took effect on 1 July 1988, marking the transition to the new inspection charge collection system.
Scope and Application
The Live-stock Slaughter (Export Inspection Charge) Collection Act 1979 applies to entities involved in the export inspection of livestock, specifically those who are subject to the charge imposed by the Live-stock Slaughter (Export Inspection Charge) Act 1979. This includes businesses and individuals who export livestock and are required to pay an inspection charge for the services provided by inspectors at the slaughter floor. The Act operates nationally across Australia, as it is a Commonwealth Act, thereby applying uniformly across all states and territories. The Act’s primary function is to facilitate the collection of the charge for export inspection services. However, with the introduction of a fee-for-service model for slaughter floor meat inspection under the Export Control Act 1982, effective from 1 July 1988, the need for the collection of the per carcase rate of charge via regulations under this Act is obviated. Consequently, the Live-stock Slaughter (Export Inspection Charge) Collection Regulations have been repealed by the Live-stock Slaughter (Export Inspection Charge) Collection Regulations (Repeal), which came into effect on the same date, 1 July 1988.
Key Provisions
The Live-stock Slaughter (Export Inspection Charge) Collection Act 1979, as detailed in section 11, empowers the Governor-General to formulate regulations that align with the Act's objectives. These regulations are intended to facilitate the collection of charges imposed by the Live-stock Slaughter (Export Inspection Charge) Act 1979. The Act's primary focus is on ensuring that the fees for the export inspection of livestock are collected in accordance with the legislative framework set forth by the parent Act.
Under the Act, certain obligations and requirements are placed on the entities involved in the export inspection process. These include the duty to collect the stipulated charges from the relevant parties and to ensure that these charges are remitted in a timely manner. The Act mandates that the collected charges be directed towards the specified governmental or authorised bodies responsible for the inspection services rendered. This ensures that the inspection services are adequately funded and that the regulatory standards are maintained.
The Act does not explicitly outline specific offences, penalties, or consequences for non-compliance within its provisions. However, given its purpose and the regulatory nature of the charges it governs, any failure to comply with the requirements for collection and remittance could potentially lead to legal repercussions. Such outcomes might include enforcement actions, fines, or other civil or administrative penalties as prescribed by the overarching legal framework or by other relevant legislation that governs administrative compliance and enforcement.
Given the introduction of a fee for service model for slaughter floor meat inspection effective from 1 July 1988, as stated in the explanatory statement, the need for the collection regulations under the Act has been rendered obsolete. This transition is managed through the Export Control Act 1982, which now governs the collection of per carcase rates for export inspection. The Live-stock Slaughter (Export Inspection Charge) Collection Regulations (Repeal) accordingly repeal the existing collection regulations, aligning with this new legislative framework. The repeal takes effect from the commencement date of 1 July 1988, marking the end of the previous regulatory regime and the beginning of the new fee-based system.