EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 122
Issued by the Authority of the Minister for Primary Industry
LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964
LIVE-STOCK SLAUGHTER LEVY COLLECTION REGULATIONS (AMENDMENT)
The Live-stock Slaughter Levy Collection Act 1964 provides for the Governor-General to make regulations for the purpose of collection of the levy imposed by the Live-stock Slaughter Levy Act 1964. The first Act provides that the regulations may prescribe the manner of payment of levy and other moneys payable to the Commonwealth under the Act, and require persons to furnish returns or information to the Secretary.
Regulation 5 of the Live-stock Slaughter Levy Collection Regulations (the Regulations) provides that the proprietor of an abattoir shall furnish to the Secretary a return with respect to live-stock slaughtered at that abattoir in the preceding month. In particular, sub-regulation 5(2) requires that the proprietor of the abattoir informs the Secretary if no live-stock is slaughtered in any month.
With effect from 1 July 1986, the Regulations are to be amended to remove the requirement to submit ‘nil’ returns i.e. to inform the Secretary if no live-stock is slaughtered in any month.
Overview
The Live-stock Slaughter Levy Collection Regulations (Amendment) 1986 were issued under the authority of the Minister for Primary Industry to amend the Live-stock Slaughter Levy Collection Regulations 1964. The original Act was enacted in 1964 to facilitate the collection of the levy imposed by the Live-stock Slaughter Levy Act 1964, which was designed to raise funds for the administration of livestock and meat industry regulations. The problem or gap that the legislation sought to address was the need for a systematic and efficient method to collect the levy imposed on livestock slaughter, ensuring that the funds collected were accurately reported and accounted for. The policy objective was to streamline the regulatory process by simplifying the reporting requirements for abattoir proprietors. The amendment in 1986 aimed to refine these processes further by removing the obligation for abattoir proprietors to submit 'nil' returns when no livestock was slaughtered in a given month. This change was intended to reduce administrative burdens on the industry while maintaining the integrity of the levy collection system.
Scope and Application
The Live-stock Slaughter Levy Collection Act 1964 applies to the collection of the levy imposed by the Live-stock Slaughter Levy Act 1964, with the Act's regulations governing the manner of payment and reporting requirements for those subject to the levy. Specifically, the Act applies to proprietors of abattoirs who are required to furnish returns to the Secretary regarding the livestock slaughtered at their respective facilities. The geographic reach of the Act is national, as it pertains to the collection of a Commonwealth levy. However, the Act's application may be extended or restricted through subordinate instruments, such as the Live-stock Slaughter Levy Collection Regulations, which outline specific reporting requirements, including the submission of 'nil' returns if no livestock is slaughtered in a given month. As per the amendments effective from 1 July 1986, the Regulations have been altered to remove the necessity for proprietors to submit 'nil' returns, simplifying the reporting process for those months where no livestock is slaughtered.
Key Provisions
The Live-stock Slaughter Levy Collection Regulations (Amendment) 1986 primarily amend Regulation 5 of the original Regulations (Regulation 5(2)), which stipulated that the proprietor of an abattoir must inform the Secretary if no livestock is slaughtered in a given month. This amendment removes the obligation for abattoir proprietors to submit a 'nil' return for months in which no livestock is slaughtered. The change in the regulation effectively simplifies the reporting process for those months where no livestock is slaughtered, as they are no longer required to inform the Secretary about the absence of slaughter activities.
Under the amended Regulations, the primary obligation for abattoir proprietors remains unchanged, except for the specific condition regarding 'nil' returns. Proprietors are still required to submit a return to the Secretary with respect to livestock slaughtered at their abattoir for the preceding month. This return must contain detailed information about the livestock slaughtered, as prescribed by the Regulations. The primary focus of the Regulations continues to be on ensuring that accurate and timely information is provided to the Secretary to facilitate the collection of the levy as imposed by the Live-stock Slaughter Levy Act 1964.
The Regulations do not explicitly outline offences, penalties, or consequences for non-compliance with the reporting requirements. However, non-compliance with the requirements of the Live-stock Slaughter Levy Collection Act 1964, from which the Regulations derive their authority, could lead to legal repercussions. Under the Act, failure to comply with the requirements for payment of the levy or submission of returns could result in civil or criminal penalties. The specific penalties are not detailed within the explanatory statement or the Regulations themselves but would be outlined in the overarching Act and related legal frameworks. Typically, penalties for such breaches could include fines and other sanctions as determined by the courts.