Live-stock Slaughter Levy Amendment Act 1995

Legislation au C2004A04922 Not in force Act

Legislation content

Live-stock Slaughter Levy Amendment Act 1995

No. 72 of 1995

 

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

[Assented to 30 June 1995]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Live-stock Slaughter Levy Amendment Act 1995.


(2) In this Act, "Principal Act" means the Live-stock Slaughter Levy Act 1964.

Commencement

2. This Act commences, or is taken to have commenced, on 1 July 1995.

Amendments

3. The Principal Act is amended in accordance with items 1 to 9 in the Schedule, and item 10 in the Schedule has effect according to its terms.

__________


 SCHEDULE Section 3

AMENDMENTS OF THE PRINCIPAL ACT

1. Subsection 4(1) (definitions of "bobby calf", "bovine animal", "calf", "cattle" and "Corporation"):

Omit.

2. Subsection 4(1) (definition of "live-stock"):

Omit "cattle, calves, bobby calves".

3. Subsection 4(1):

Insert:

" 'Australian Meat and Live-stock Corporation' means the Australian Meat and Live-stock Corporation continued in existence by section 53 of the Meat and Live-stock Industry Act 1995;

'Meat Industry Council' means the Meat Industry Council established by section 8 of the Meat and Live-stock Industry Act 1995;

'Meat Research Corporation' means the Meat Research Corporation continued in existence by section 166 of the Meat and Live-stock Industry Act 1995;".

4. Subsection 4(2) (second occurring):

Renumber as subsection (3).

5. Section 6:

Repeal.

6. Sections 6A, 6B, 6C and 6D:

Repeal, substitute:

Rate of levy on slaughter of sheep

"6A. The rate of levy on the slaughter of each head of sheep consists of the sum of the amounts referred to in the following paragraphs:

(a) 2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

(b) 30.1 cents or, if another amount (not exceeding $1.30) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

(c) 12.5 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation.


SCHEDULE—continued

Rate of levy on slaughter of lambs

"6B. The rate of levy on the slaughter of each head of lambs consists of the sum of the amounts referred to in the following paragraphs:

(a) 2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

(b) 72.1 cents or, if another amount (not exceeding $1.30) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

(c) 12.5 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation.

Rate of levy on slaughter of buffaloes

" 6C. The rate of levy on the slaughter of each head of buffaloes consists of the sum of the amounts referred to in the following paragraphs:

(a) $4.60 or, if another amount (not exceeding $18.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Rural Industries Research and Development Corporation;

(b) 73 cents or, if another amount (not exceeding $4.00) is prescribed by the regulations, the other amount, for the purpose of payment to the National Cattle Disease Eradication Trust Account.

Rate of levy on slaughter of goats

"6D. The rate of levy on the slaughter of each head of goats consists of the sum of the amounts referred to in the following paragraphs:

(a) 2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

(b) 21.7 cents or, if another amount (not exceeding $1.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

(c) 12.5 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation.".

7. Sections 6E, 6F and 6G:

Repeal.

8. Subsections 8(2) to (5):

Omit, substitute:


SCHEDULE—continued

"(2) The power of the Governor-General to make regulations prescribing an amount for the purposes of section 6A, 6B or 6D is exercisable only on the advice of the Executive Council given after the Council has taken into consideration the recommendations with respect to the amount made to the Minister by the Meat Industry Council.

"(3) The Meat Industry Council must not make a recommendation to the Minister for the purposes of section 6A, 6B or 6D:

(a) if a motion that the terms of the recommendation be endorsed has not been put before the last general meeting of the Australian meat and live-stock industry convened under section 22 of the Meat and Live-stock Industry Act 1995 before the making of that recommendation; or

(b) if such a motion is so put and defeated.

"(4) The Meat Industry Council must, at the time of making a recommendation of the kind referred to in subsection (3) to the Minister, give the Minister written particulars of the voting in respect of the motion that the terms of the recommendation be endorsed.".

9. Section 9:

Repeal.

10. Application

The amendments made by this Schedule apply in respect of the slaughter of live-stock after the commencement of this Act and the Principal Act continues to apply in respect of the slaughter of live-stock before that commencement.

 

[Minister's second reading speech made in—

House of Representatives on 7 June 1995

Senate on 20 June 1995)

Overview

The Live-stock Slaughter Levy Amendment Act 1995 was enacted by the Parliament of Australia to amend the Live-stock Slaughter Levy Act 1964. This Act aimed to address the need to update and refine the regulatory framework governing the imposition of levies on the slaughter of livestock, ensuring that it aligns with contemporary industry practices and legislative requirements. The Act introduces amendments to the Principal Act, primarily focusing on the definition of livestock, the entities entitled to receive levies, and the rates of levy applicable to different types of livestock. The policy objective of these amendments is to provide a clear and structured approach to the collection and distribution of levies, facilitating better oversight and financial support for industry-related activities and research.

Scope and Application

The Live-stock Slaughter Levy Amendment Act 1995 amends the Live-stock Slaughter Levy Act 1964, introducing new rates and provisions for the levy imposed on the slaughter of various types of livestock. The amended Act applies to the slaughter of livestock occurring after the commencement date of 1 July 1995, while the original Act continues to govern slaughter activities prior to this date. The legislation primarily impacts the entities responsible for the levy, including the Meat Industry Council, Australian Meat and Live-stock Corporation, Meat Research Corporation, Rural Industries Research and Development Corporation, and National Cattle Disease Eradication Trust Account. The amendment specifies new levy rates for the slaughter of sheep, lambs, buffaloes, and goats, with certain portions directed towards different industry bodies. The Act operates on a Commonwealth level, and while it primarily affects entities and industry bodies within the meat and livestock sector, it does not specify exclusions or exemptions. The application of the Act is further defined and potentially extended through regulations, which must follow certain procedural requirements involving the Meat Industry Council and the Executive Council.

Key Provisions

The Live-stock Slaughter Levy Amendment Act 1995 (C2004A04922) amends the Live-stock Slaughter Levy Act 1964 (referred to as the Principal Act). The amendments are detailed in the Schedule to this Act, with the amendment coming into effect on 1 July 1995. Key changes include the redefinition of terms such as "live-stock" (Schedule item 2) and the introduction of new definitions for entities like the Australian Meat and Live-stock Corporation, the Meat Industry Council, and the Meat Research Corporation (Schedule item 3). Additionally, the Act repeals and replaces sections 6, 6A, 6B, 6C, 6D, 6E, 6F, and 6G of the Principal Act, introducing new provisions for the levy rates on the slaughter of sheep, lambs, buffaloes, and goats (Schedule items 5 to 9). These new rates are to be paid to the Meat Industry Council, the Australian Meat and Live-stock Corporation, the Meat Research Corporation, the Rural Industries Research and Development Corporation, and the National Cattle Disease Eradication Trust Account, respectively. The Governor-General’s power to make regulations regarding these levy rates now requires advice from the Executive Council, which must consider recommendations from the Meat Industry Council (Schedule item 8). The Meat Industry Council’s recommendations are subject to specific procedural requirements, including a vote at the last general meeting of the Australian meat and live-stock industry (Schedule item 8(3) and (4)). The Live-stock Slaughter Levy Amendment Act 1995 imposes obligations on several entities, including the Meat Industry Council, the Australian Meat and Live-stock Corporation, and the Meat Research Corporation. The Meat Industry Council must ensure that any recommendation it makes to the Minister for the purposes of setting levy rates is endorsed by a motion at the last general meeting of the Australian meat and live-stock industry. If such a motion is defeated, the Council cannot make the recommendation. Furthermore, the Meat Industry Council is required to provide written particulars of the voting on the endorsement motion to the Minister at the time of making its recommendation. The Governor-General, in exercising the power to make regulations regarding the levy rates, must take into account the advice of the Executive Council, which in turn must consider the recommendations from the Meat Industry Council. These obligations ensure a transparent and consultative process in determining the levy rates for the slaughter of livestock. Under the Live-stock Slaughter Levy Amendment Act 1995, breaches of the specified procedural requirements can have legal consequences. The Meat Industry Council’s failure to adhere to the procedural requirements for making recommendations to the Minister may result in invalid recommendations, potentially affecting the levy rates for livestock slaughter. However, the Act does not explicitly state specific penalties for such breaches. Instead, it relies on the regulatory framework and the internal governance of the Meat Industry Council to enforce compliance. The Act’s focus is on ensuring a structured and transparent process for setting levy rates, rather than on penalising individual breaches. The implications of non-compliance would likely be addressed through administrative or internal disciplinary measures rather than through explicit penalties outlined in the Act.

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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.