Live-Stock Slaughter (Export Inspection Charge) Regulations (Amendment)

Legislation au C2004L05068 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1983 No. 191

Issued by the Authority of the Minister for Primary Industry

LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE) ACT 1979

LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE) REGULATIONS (AMENDMENT)

The Live-stock Slaughter (Export Inspection Charge) Act 1979 provides for the Governor-General to make regulations for the purpose of imposing a charge on the slaughter of livestock in abattoirs from which meat intended for export is obtained. The Act provides that regulations may prescribe different rates of charge for different classes of livestock provided they do not exceed maximum rates of charge set in the Act. Currently the maximums allowable are

 

$10.80 per head -

for cattle (including buffaloes) where the dressed weight of each carcase exceeds 80kg

 

$3.60 per head -

for cattle where the dressed weight of each carcase exceeds 40kg but does not exceed 90kg


 

$1.08 per head -

for cattle where the dressed weight of each carcase does not exceed 40kg

 

$1.08 per head -

for sheep or goats

 

$3.60 per head -

for pigs

 

$10.80 per head -

for other live-stock e.g. horses, donkeys or mules.

The maximum rates of charges were recently increased to the above levels by amendment of the Act. Without amendment of the Act the operative rates of charge required to implement the Government’s policy of recovering 50% of export inspection costs incurred during the remainder of 1983/84 would have exceeded the maximum rates of charge previously set in the Act. The amendments to the Act came into effect from the date of Royal Assent,                             1983

The Live-stock Slaughter (Export Inspection Charge) Regulations prescribe the operative rates of charge applicable to 7 classes of livestock slaughtered in export licensed abattoirs. The operative charges first came into effect on 1 July 1979 and the rates of charge have not been changed since then.


The proposed livestock slaughter inspection charges have been determined with a view to achieving 50% recovery of costs incurred during the remainder of 1983/84, in line with Government policy. The proposed new rates reflect the cost of inspecting the various classes of livestock and are based on expected throughput of export licensed abattoirs and inspection costs in the 1993/84 financial year. If charges continued at the current level for the full year it is estimated that only 17% of inspection costs in export establishments would be recouped.

The current charges and proposed new charges are as follows:

 

Class of Live-stock

Current

Charge ($/head)

Proposed Charge ($/head)

 

Cattle (including buffaloes) where the dressed weight of each carcase exceeds 90 kg

1.80

5.40

 

Cattle where the dressed weight of each carcase exceeds 40 kg but does not exceed 90 kg

0.60

1.80

 

Cattle where the dressed weight of each carcase does not exceed 40 kg

0.18

0.54

 

Sheep

0.18

0.54

 

Goats

0.18

0.54

 

Pigs

0.60

1.80

 

Horses, donkeys and mules

1.80

5.40

The proposed regulation replaces the Schedule to the Live-stock Slaughter (Export Inspection Charge) Regulations to enable implementation of the increased inspection charges. The increased charges are to come into effect from 1 October 1983.

 

Overview

The Live-stock Slaughter (Export Inspection Charge) Act 1979 was enacted to address the need for a structured approach to imposing charges on the slaughter of livestock in abattoirs from which meat is intended for export. This Act empowers the Governor-General to make regulations setting different rates of charge for various classes of livestock, ensuring they do not exceed the maximum rates stipulated within the Act. The policy objective of this legislation is to facilitate the recovery of export inspection costs, specifically aiming for a 50% recovery as directed by government policy. The Act was amended to increase the maximum allowable rates of charge to better align with the costs incurred in the latter part of the 1983/84 financial year, enabling the government to meet its policy goals without exceeding the legislative limits. The regulations were subsequently amended to reflect these new rates, effective from 1 October 1983.

Scope and Application

The Live-stock Slaughter (Export Inspection Charge) Act 1979 applies to the imposition of charges on the slaughter of livestock in abattoirs that process meat intended for export. The Act allows the Governor-General to make regulations that set different rates of charge for various classes of livestock, subject to a maximum threshold set by the Act. The current maximum allowable charges are $10.80 per head for cattle (including buffaloes) with a dressed weight exceeding 80kg, $3.60 per head for cattle with a dressed weight between 40kg and 90kg, $1.08 per head for cattle with a dressed weight not exceeding 40kg, $1.08 per head for sheep or goats, $3.60 per head for pigs, and $10.80 per head for other livestock such as horses, donkeys, or mules. These maximum rates were recently amended to accommodate government policy for cost recovery. The Act extends nationally across Australia, and its application is further detailed and implemented through the Live-stock Slaughter (Export Inspection Charge) Regulations, which specify the operative rates of charge for the seven classes of livestock in export licensed abattoirs. The operative charges have been in effect since 1 July 1979, with the proposed new rates coming into effect from 1 October 1983.

Key Provisions

The Live-stock Slaughter (Export Inspection Charge) Act 1979 (section 1) empowers the Governor-General to establish regulations for imposing charges on the slaughter of livestock in abattoirs for meat intended for export. These regulations can specify different charge rates for various classes of livestock, provided they do not exceed the maximum rates set in the Act (section 3). The Act’s main purpose is to ensure that the inspection costs for exported meat are recovered by levying charges on the relevant livestock slaughtered. The Act imposes specific obligations on abattoirs that process livestock for export, requiring them to comply with the prescribed charge rates outlined in the regulations. These obligations are detailed in the Live-stock Slaughter (Export Inspection Charge) Regulations, which specify the applicable charge rates for different classes of livestock. Abattoirs must ensure that the charges are calculated and collected in accordance with these rates, facilitating the recovery of inspection costs mandated by the Act. In the event of non-compliance with the stipulated charge rates or failure to collect the required charges, the Act outlines potential consequences. While the Explanatory Statement does not specify detailed penalties, breaches of regulatory requirements could potentially lead to enforcement actions by the relevant authorities. The maximum penalties for non-compliance are not explicitly stated in the document, but they could involve fines or other administrative sanctions as stipulated by the relevant legislation. The amendment to the Act, increasing the maximum allowable charge rates, was necessary to implement the government's policy of recovering 50% of export inspection costs for the remainder of 1983/84. Without this amendment, the required charge rates to achieve this policy objective would have exceeded the previously set maximum rates. The new rates, effective from 1 October 1983, are designed to better align with the anticipated inspection costs and throughput of export-licensed abattoirs in the 1983/84 financial year. This adjustment ensures that the recovery of inspection costs is more effective and sustainable.

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