Statutory Rules
1979 No. 103
REGULATIONS UNDER THE LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE) ACT 19791
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Live-stock Slaughter (Export Inspection Charge) Act 1979.
Dated this twenty-eighth day of June 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry
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LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE) REGULATIONS
Citation
1. These Regulations may be cited as the Live-stock Slaughter (Export Inspection Charge) Regulations.
Interpretation
2. In these Regulations, “dressed weight”, in relation to a carcase, means the weight of the carcase immediately after it has been dressed.
Rates of charge
3. For the purposes of sub-section 6 (1) of the Live-stock Slaughter (Export Inspection Charge) Act 1979, the rate of charge applicable to a class of live-stock specified in column 1 of the Schedule is the rate specified in column 2 of the Schedule opposite to the reference to that class in column 1.
SCHEDULE Regulation 3
RATES OF CHARGE
Column 1 Class of live-stock | Column 2 Rate of Charge |
Cattle where the dressed weight of each carcase exceeds 90 kilograms | $1.80 per head |
Cattle where the dressed weight of each carcase exceeds 40 kilograms but does not exceed 90 kilograms | 60 cents per head |
Cattle where the dressed weight of each carcase does not exceed 40 kilograms | 18 cents per head |
SCHEDULE—continued
Column 1 Class of live-stock | Column 2 Rate of Charge |
Sheep................................... | 18 cents per head |
Goats................................... | 18 cents per head |
Pigs.................................... | 60 cents per head |
Horses, donkeys and mules..................... | $1.80 per head |
NOTE
1. Notified in the Commonwealth of Australia Gazette on 29 June 1979.
Overview
The Live-stock Slaughter (Export Inspection Charge) Regulations were enacted in 1979 as a legislative instrument to implement the provisions of the Live-stock Slaughter (Export Inspection Charge) Act 1979. This legislative instrument was introduced to address the need for a structured and regulated approach to the inspection charges levied on livestock intended for export. The regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and were designed to provide clear guidelines on the rates of charge applicable to different classes of livestock based on their dressed weight. The policy objective behind these regulations was to ensure that the inspection charges were fair, transparent, and applied uniformly across different categories of livestock, thereby facilitating the export process and maintaining the integrity of the livestock inspection system.
Scope and Application
The Live-stock Slaughter (Export Inspection Charge) Regulations 1979 apply to all classes of livestock specified in the Schedule, namely cattle, sheep, goats, pigs, horses, donkeys, and mules. The regulations set out the rates of charge applicable for the export inspection of livestock, with different rates specified depending on the dressed weight of the carcase for cattle, and a uniform rate for the other classes of livestock. The regulations are made under the Live-stock Slaughter (Export Inspection Charge) Act 1979, and have a national reach, applying throughout the Commonwealth of Australia. The regulations do not contain any stated exclusions, exemptions, or thresholds, and the rates of charge are fixed and not subject to change through subordinate instruments. The rates of charge are intended to cover the cost of inspection and certification of livestock for export, and are payable by the person responsible for the livestock at the time of slaughter.
Key Provisions
The Live-stock Slaughter (Export Inspection Charge) Regulations, made under the Live-stock Slaughter (Export Inspection Charge) Act 1979, establish specific rates of charge for the inspection of livestock intended for export. The Regulations outline the applicable charges for various classes of livestock based on the dressed weight of the carcase (Regulation 3). For instance, cattle with a dressed weight exceeding 90 kilograms are charged $1.80 per head, while those weighing between 40 and 90 kilograms are charged 60 cents per head, and those not exceeding 40 kilograms are charged 18 cents per head (Schedule).
The Regulations impose obligations on entities involved in the export of livestock to ensure that the appropriate inspection charges are paid. This includes livestock owners, exporters, and other stakeholders who must adhere to the specified rates outlined in the Schedule (Section 6(1) of the Act). These obligations are essential for maintaining the regulatory framework that ensures the quality and safety of exported livestock.
Failure to comply with the provisions of these Regulations can result in legal consequences. Although the specific penalties are not detailed within the Regulations, breaches of the Live-stock Slaughter (Export Inspection Charge) Act 1979 or its associated Regulations can lead to fines or other enforcement actions under the broader legislative framework. The exact penalties would be determined based on the nature and severity of the breach, but they can include significant financial penalties to enforce compliance with the inspection charge requirements.
In summary, the Live-stock Slaughter (Export Inspection Charge) Regulations establish clear rates for livestock inspection charges based on the type and weight of the carcase. These Regulations impose specific obligations on those involved in the export of livestock to ensure compliance with the required inspection charges. While the Regulations themselves do not specify the penalties for non-compliance, breaches of the associated Act can result in fines and other enforcement actions, underscoring the importance of adhering to the stipulated rates and obligations.