EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 236
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 (the Act) provides for the Governor-General to make regulations for the purpose of imposing a charge on live-stock slaughtered for export.
Section 4 defines “live-stock” to mean cattle, sheep, pigs, goats, horses, donkeys, mules and such other animals as are prescribed. Formerly, no such other animals were prescribed.
Live-stock intended for export which are slaughtered at a registered establishment must be inspected and the Act provides for a charge to be imposed on the slaughter of such live-stock.
Export markets have been established for deer meat and it has been decided to impose an inspection charge on deer meat which is intended for export and slaughtered at a registered establishment.
To enable such a charge to be imposed it has been necessary to include deer as a prescribed animal within the definition of “live-stock” for the purposes of section 4 of the Act.
The regulations apply a charge at the rate of $2.55 per head to the slaughter of deer intended for export. The rate is the same as that currently applying to other large livestock including cattle, horses, donkeys and mules.
Overview
The Live-stock Slaughter (Export Inspection Charge) Regulations (Amendment) 1985 was enacted to address a gap in the Live-stock Slaughter (Export Inspection Charge) Act 1979 by including deer within the definition of "live-stock" for the purposes of imposing an inspection charge on deer meat intended for export. This amendment was necessary due to the establishment of export markets for deer meat, which required an inspection charge to be imposed on the slaughter of deer at registered establishments. The objective of this regulation is to ensure that the inspection charge for deer meat is consistent with the charges applied to other large livestock, such as cattle, horses, donkeys, and mules, by setting the rate at $2.55 per head. This amendment was issued by the authority of the Minister for Primary Industry under the Statutory Rules 1985 No. 236.
Scope and Application
The Live-stock Slaughter (Export Inspection Charge) Act 1979 applies to the imposition of charges on the slaughter of live-stock intended for export. The Act applies to entities and individuals involved in the export of meat derived from animals specified within the definition of "live-stock," which now includes deer in addition to cattle, sheep, pigs, goats, horses, donkeys, and mules. This legislation mandates that all live-stock intended for export, including newly included deer, must be inspected before slaughter at a registered establishment, and a charge is imposed for this inspection service. The Act has a national jurisdictional reach, as it is an Act of the Commonwealth of Australia. There are no stated exclusions or exemptions within the text, but the Act’s application can be extended or modified through the making of subordinate regulations, as demonstrated by the amendment to include deer within the prescribed animals.
The Act's application is not restricted to any particular industry, but rather encompasses any entity or individual involved in the export of meat from the specified animals. The amendment to include deer in the definition of "live-stock" reflects the evolving nature of the export market, ensuring that all exported meat products undergo the necessary inspection processes. The charge rate for the inspection of deer is set at $2.55 per head, aligning with the rates for other large livestock, ensuring uniformity in the application of the Act. The Act's primary objective is to regulate the export inspection process for live-stock, ensuring compliance and maintaining the integrity of the export market.
Key Provisions
The Live-stock Slaughter (Export Inspection Charge) Act 1979 (section 4) primarily defines "live-stock" to include cattle, sheep, pigs, goats, horses, donkeys, mules, and any other animals that may be prescribed. In the past, only the listed animals were considered, but now deer have been added to this list due to the establishment of export markets for deer meat. Section 4 of the Act thus now encompasses deer as a prescribed animal, enabling the imposition of an export inspection charge on deer intended for export and slaughtered at a registered establishment.
The Act imposes several obligations on the parties involved. Firstly, any livestock intended for export that is slaughtered at a registered establishment must undergo inspection (section 4). This includes newly prescribed animals such as deer. Additionally, an inspection charge must be imposed on the slaughter of such livestock. The Act sets out a clear framework for ensuring that these inspections and charges are systematically applied to maintain standards and ensure compliance with export requirements.
Failure to comply with the obligations outlined in the Act may result in legal consequences. Although specific offences and penalties are not detailed in the provided excerpt, it is reasonable to infer that breaches could lead to civil or criminal penalties. Typically, such legislation may include fines or other sanctions for non-compliance, as is common in regulatory frameworks designed to enforce specific standards and charges.
Given that the Act specifies a charge of $2.55 per head for deer intended for export, there are likely to be stringent measures in place to enforce the collection and remittance of this charge. Any entity that fails to pay the required charge could face financial penalties, and in more severe cases, legal action might be taken against individuals or corporations that deliberately evade these charges. The exact penalties are not outlined in the excerpt, but they would be commensurate with the regulatory framework established by the Act.
In conclusion, the Live-stock Slaughter (Export Inspection Charge) Act 1979, as amended, imposes a clear set of obligations on those involved in the slaughter of livestock intended for export. These obligations include the inspection of such livestock and the imposition of a specific charge. Failure to comply with these provisions could result in financial or legal penalties, although the specifics of these penalties are not detailed in the provided text.