Live-stock Slaughter Levy Amendment Act 1990

Overview

The Livestock Slaughter Levy Amendment Act 1990 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, and it amends the Livestock Slaughter Levy Act 1964. The Act was introduced to address the issue of updating the levy rates on livestock slaughter in response to the commencement of the Cattle Transaction Levy Act 1990. This legislation aims to ensure that the levy rates are aligned with the new regulatory environment established by the latter Act. The Act provides for the amendment of the levy rates for the slaughter of cattle, calves, and bobby calves, setting them to $0.00 per head, and includes provisions for the Minister to declare that the amendments may not take effect if certain conditions are not met. This provision allows for flexibility in case the new levy schemes established under the Cattle Transaction Levy Act 1990 do not operate satisfactorily.

Scope and Application

The Live-stock Slaughter Levy Amendment Act 1990 is an Australian Commonwealth Act that amends the Live-stock Slaughter Levy Act 1964. This legislation applies to entities involved in the slaughter of cattle, calves, and bobby calves, which includes individuals, businesses, and entities operating within the meat and livestock industry. The Act establishes the rates for levies on these animals, which were set at $0.00 per head following the commencement of the Cattle Transaction Levy Act 1990. The geographic reach of this Act is national, applying across all states and territories within Australia. The Act also includes provisions that allow the Minister to declare that certain amendments do not take effect if the beef production or cattle transaction levy schemes are not operating satisfactorily, with the power to revert to previous levy rates under such circumstances. This power extends until 1 July 1994 and requires the Minister to consult with the Australian Meat and Livestock Industry Policy Council and to lay declarations and statements of reasons before each House of Parliament.

Key Provisions

The Live-stock Slaughter Levy Amendment Act 1990 (Act) amends the Live-stock Slaughter Levy Act 1964 (Principal Act) in several key respects. Section 3 of the Act modifies the rate of levy on cattle, calves, and bobby calves, setting the rate at $0.00 per head when the Cattle Transaction Levy Act 1990 commences. This effectively eliminates the levy on these animals from that point forward. Section 6 introduces a new provision (section 6g) that allows the Minister to declare that the amendments made by this Act do not apply if the levy schemes under the Beef Production Levy Act 1990 or the Cattle Transaction Levy Act 1990 are not operating satisfactorily. The Minister must consult with the Australian Meat and Livestock Industry Policy Council before making such a declaration and must lay a copy of the declaration and the reasons for it before each House of the Parliament within 15 sitting days of the declaration. The Act imposes several obligations on the Minister and other relevant parties. The Minister must consult with the Australian Meat and Livestock Industry Policy Council before making a declaration under section 6g. Furthermore, the Minister is required to lay a copy of any declaration and the accompanying reasons before each House of the Parliament within 15 sitting days. Additionally, the Minister must publish the declaration in the Gazette as soon as practicable. Failure to publish the declaration does not invalidate the declaration itself. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breaches. However, the legislative framework surrounding the amendments implies that non-compliance with the obligations imposed by the Act, such as the failure to consult with the Policy Council or to lay the declaration and reasons before Parliament, could be subject to administrative scrutiny or review. The potential consequences of such non-compliance would likely depend on the specific context and the broader legal framework governing administrative actions in Australia.