Live-Stock Slaughter Levy Amendment Act 1985

Legislation au C2004A03053 Not in force Act

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Live-stock Slaughter Levy Amendment Act 1985

No. 14 of 1985

 

An Act to amend the Live-stock Slaughter Levy Act 1964, and for related purposes

[Assented to 7 May 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Live-stock Slaughter Levy Amendment Act 1985.

(2) The Live-stock Slaughter Levy Act 19641 is in this Act referred to as the Principal Act.

Commencement

2. (1) The provisions of this Act, other than sub-section 11 (2), shall come into operation on the day fixed by Proclamation for the purposes of sub-section 2 (2) of the Australian Meat and Live-stock Research and Development Corporation Act 1985.

(2) Sub-section 11 (2) shall come into operation on a day to be fixed by Proclamation, being a day after the day referred to in sub-section (1).


Interpretation

3. Section 4 of the Principal Act is amended by inserting after the definition of “live-stock” in sub-section (1) the following definition:

“‘Research and Development Corporation’ means the Australian Meat and Live-stock Research and Development Corporation established by section 4 of the Australian Meat and Live-stock Research and Development Corporation Act 1985;”.

Rate of levy on slaughter of cattle

4. Section 6 of the Principal Act is amended—

(a) by adding at the end of paragraph (1) (b) “and”;

(b) by omitting paragraph (1) (c);

(c) by omitting from sub-section (2) “50 cents” and substituting “$1.08”; and

(d) by omitting from sub-section (2) “, (b) and (c) shall not exceed $3.00” and substituting “and (b) shall not exceed $6.00”.

Rate of levy on slaughter of sheep

5. Section 6a of the Principal Act is amended—

(a) by omitting paragraphs (1) (b) and (c) and substituting the following word and paragraph:

“and (b) such amount per head of sheep slaughtered as is prescribed for the purposes of this paragraph.”;

(b) by omitting from sub-section (2) “62/3” and substituting “14”; and

(c) by omitting from sub-section (2) “, (b) and (c) shall not exceed 30 cents” and substituting “and (b) shall not exceed 60 cents”.

Rate of levy on slaughter of lambs

6. Section 6b of the Principal Act is amended—

(a) by omitting paragraphs (1) (b) and (c) and substituting the following word and paragraph:

“and (b) such amount per head of lambs slaughtered as is prescribed for the purposes of this paragraph.”;

(b) by omitting from sub-section (2) “62/3” and substituting “14”; and

(c) by omitting from sub-section (2) “, (b) and (c) shall not exceed 30 cents” and substituting “and (b) shall not exceed 67 cents”.

Rate of levy on slaughter of buffaloes

7. Section 6c of the Principal Act is amended—

(a) by adding at the end of paragraph (1) (b) “and”;

(b) by omitting paragraph (1) (c);

(c) by omitting from sub-section (2) “50 cents” and substituting “$1.08”; and

(d) by omitting from sub-section (2) “, (b) and (c) shall not exceed $3.00” and substituting “and (b) shall not exceed $6.00”.


Rate of levy on slaughter of goats

8. Section 6d of the Principal Act is amended—

(a) by omitting paragraphs (1) (b) and (c) and substituting the following word and paragraph:

“and (b) such amount per head of goats slaughtered as is prescribed for the purposes of this paragraph.”;

(b) by omitting from sub-section (2) “62/3” and substituting “14”; and

(c) by omitting from sub-section (2) “, (b) and (c) shall not exceed 30 cents” and substituting “and (b) shall not exceed 60 cents”.

Rate of levy on slaughter of calves

9. Section 6e of the Principal Act is amended—

(a) by adding at the end of paragraph (1) (b) “and”;

(b) by omitting paragraph (1) (c);

(c) by omitting from sub-section (2) “17.5” and substituting “38”; and

(d) by omitting from sub-section (2) “, (b) and (c) shall not exceed $1.05” and substituting “and (b) shall not exceed $2.10”.

Rate of levy on slaughter of bobby calves

10. Section 6f of the Principal Act is amended—

(a) by adding at the end of paragraph (1) (b) “and”;

(b) by omitting paragraph (1) (c);

(c) by omitting from sub-section (2) “5” and substituting “11”; and

(d) by omitting from sub-section (2) “, (b) and (c) shall not exceed 30 cents” and substituting “and (b) shall not exceed 60 cents”.

Regulations

11. (1) Section 8 of the Principal Act is amended—

(a) by omitting from sub-section (2a) “Australian Meat Research Committee” and substituting “Research and Development Corporation”; and

(b) by omitting from sub-section (4) “6 (1) (c), 6a (1) (b), 6a (1) (c), 6b (1) (b), 6b (1) (c), 6c (1) (b), 6c (1) (c), 6d (1) (b), 6d (1) (c), 6e (1) (b), 6e (1) (c), 6f (1) (b) or 6f (1) (c), the Australian Meat Research Committee” and substituting “6a (1) (b), 6b (1) (b), 6c (1) (b), 6d (1) (b), 6e (1) (b) or 6f (1) (b), the Research and Development Corporation”.

(2) Section 8 of the Principal Act is amended—

(a) by omitting from sub-section (2a) “any” and substituting “the”; and

(b) by omitting sub-section (4) and substituting the following sub-sections:

“(4) The Research and Development Corporation shall not make a recommendation to the Minister in relation to regulations to be made for the purposes of paragraph 6 (1) (b), 6a (1) (b), 6b (1) (b), 6c (1) (b),6d (1) (b), 6e (1) (b) or 6f (1) (b)—


(a) if a motion that the terms of the recommendation be endorsed has not been put before the annual general meeting of the industry convened under section 22 of the Australian Meat and Live-stock Research and Development Corporation Act 1985 that last preceded the making of that recommendation; or

(b) in a case where such a motion is so put—if, by virtue of the application of sub-section 27 (5) of the Australian Meat and Live-stock Research and Development Corporation Act 1985, the motion is defeated.

“(5) The Research and Development Corporation shall, at the time of making a recommendation to the Minister of the kind referred to in sub-section (4), give the Minister particulars in writing of the voting in respect of the motion that the terms of the recommendation be endorsed.”.

Transitional

12. (1) Where, by virtue of regulations in force under the Principal Act as in force immediately before the day on which this section comes into operation, an amount was prescribed for the purposes of paragraph (b) of a relevant provision of the Principal Act as so in force and an amount was prescribed for the purposes of paragraph (c) of that provision of the Principal Act as so in force, the regulations prescribing an amount for the purposes of paragraph (b) of that provision of the Principal Act as so in force continue in force, on and after that day, until regulations prescribing an amount for the purposes of paragraph (b) of that provision of the Principal Act as amended by this Act come into operation, as if—

(a) those first-mentioned regulations had been made under and in accordance with the Principal Act as amended by this Act; and

(b) the amount prescribed for the purposes of paragraph (b) of that provision of the Principal Act as so amended were an amount equal to the total of the amounts that had been so prescribed for the purposes of paragraphs (b) and (c) of that provision of the Principal Act as so in force.

(2) In sub-section (1), “relevant provision”, in relation to the Principal Act or the Principal Act as amended by this Act, means sub-section 6 (1), 6a (1), 6b (1), 6c (1), 6d (1), 6e (1) or 6f (1) of that Act, or of that Act as so amended, as the case may be.

——————


NOTE

1. No. 8, 1964, as amended. For previous amendments, see No. 76, 1965; No. 93, 1966; No. 140, 1968; No. 87, 1971; No. 216, 1973; No. 111, 1974; No. 42, 1976; No. 70, 1977; No. 179, 1978; No. 73, 1979; No. 82, 1982; and No. 60, 1984.

[Minister’s second reading speech made in—

House of Representatives on 20 March 1985

Senate on 16 April 1985]

Overview

The Live-stock Slaughter Levy Amendment Act 1985 was enacted by the Queen, in pursuance of the authority of the Parliament of the Commonwealth of Australia, to address the need for updating and adjusting the levies imposed on the slaughter of various livestock categories as stipulated in the Live-stock Slaughter Levy Act 1964. This Act introduces amendments to the rates of levy applied to the slaughter of cattle, sheep, lambs, buffaloes, goats, calves, and bobby calves, and it aligns the regulatory framework with the establishment of the Australian Meat and Livestock Research and Development Corporation, established under the Australian Meat and Livestock Research and Development Corporation Act 1985. The policy objective of the Act is to ensure the levies are reflective of contemporary industry standards and requirements, whilst maintaining a structured approach to the regulation of livestock slaughter levies to support research and development initiatives within the meat and livestock industry.

Scope and Application

The Live-stock Slaughter Levy Amendment Act 1985 amends the Live-stock Slaughter Levy Act 1964, primarily to adjust the rates of the levy on the slaughter of various types of livestock. The Act applies to entities involved in the slaughter of livestock, including cattle, sheep, lambs, buffaloes, goats, calves, and bobby calves. The amendments establish new rates for the levy on the slaughter of these animals, which are now prescribed by regulations rather than fixed by the Act itself. The amendment also changes the body responsible for levying the charge from the Australian Meat Research Committee to the Australian Meat and Livestock Research and Development Corporation. The geographic reach of the Act is national, as it pertains to the Australian Meat and Livestock Research and Development Corporation Act 1985, which is a Commonwealth Act. The amendments do not explicitly state any exclusions or exemptions, but it is understood that the levy applies to all livestock slaughtered within Australia. The Act also allows for the extension of its application through subordinate instruments, such as regulations made under the Australian Meat and Livestock Research and Development Corporation Act 1985.

Key Provisions

The Live-stock Slaughter Levy Amendment Act 1985 (section 1) amends the Live-stock Slaughter Levy Act 1964 (referred to as the Principal Act). The main sections of the Amendment Act that alter the Principal Act include those that modify the rates of levy on the slaughter of various livestock (sections 4 to 10) and those that adjust the regulations for levy rates (section 11). The levy rates have been updated to reflect changes in economic conditions and the requirements of the Australian Meat and Livestock Research and Development Corporation (section 4 to 10). Section 11 further modifies the regulations concerning the rates of levy on the slaughter of livestock, replacing the Australian Meat Research Committee with the Research and Development Corporation and introducing new conditions for the making of recommendations by the Corporation (section 11(1) and (2)). Under the amended Act, the Australian Meat and Livestock Research and Development Corporation has specific obligations and requirements. The Corporation is tasked with ensuring that any recommendations it makes to the Minister regarding the rates of levy on the slaughter of livestock comply with the provisions of section 11(4) and (5) of the Principal Act. This includes ensuring that any recommendation is endorsed by a motion put before the annual general meeting of the industry and that the Corporation provides the Minister with written particulars of the voting on such a motion (section 11(4) and (5)). The Amendment Act also introduces certain penalties and consequences for non-compliance. Although the Act does not explicitly state the maximum penalties for breach, it is reasonable to infer that the penalties for non-compliance with the amended levy rates and regulatory requirements would be similar to those prescribed in the Principal Act. This could include fines or other civil or criminal penalties as determined by the relevant courts. The specific details of these penalties would be governed by the Principal Act and any other relevant legislation.

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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.