Livestock Slaughter Levy Regulations (Amendment) 1992 No. 152
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 152
Issued by Authority of the Minister of State for Primary Industries and Energy
Australian Meat and Live-stock Corporation Act 1977
Australian Meat and Live-stock Corporation Regulations (Amendment)
Australian Wool Corporation Act 1991
Australian Wool Corporation Regulations (Amendment)
Dairy Produce Levy (No. 1) Act 1986
Dairy Produce Levy Regulations (Amendment)
Live-stock Slaughter Levy Act 1964
Livestock Slaughter Levy Regulations (Amendment)
Meat Chicken Levy Act 1969
Meat Chicken Levy Regulations (Amendment)
Pig Slaughter Levy Act 1971
Pig Slaughter Levy Regulations (Amendment)
Relevant sections of the above Acts provide that the Governor-General may make regulations for the purposes of the Acts and, in particular, provide for a levy (or payment in the case of cattle and wool) for exotic disease purposes. Relevant sections are as follows:
Section 52 of the Australian Meat and Live-stock Corporation Act 1977
Section 94 of the Australian Wool Corporation Act 1291
Section 14 of the Dairy Produce Levy (No. 1) Act 1986
Section 8 of the Live-stock Slaughter Levy Act 1964
Section 11 of the Meat Chicken Levy Act 1969
Section 8 of the Pig Slaughter Levy Act 1971
The Exotic Animal Disease Control Act 1989 establishes the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and provides financial assistance for purposes related to the control and eradication of exotic animal diseases.
The financial assistance is provided through a trust account which receives annual industry contributions of approximately $750,000 with expenditure of industry contributions from the account being matched on a dollar-for-dollar basis up to a maximum of $750,000 by the Commonwealth.
It is necessary to prescribe by regulation the operative EXANDIS levy rates for 1992-93. The Acts provide that before making regulations prescribing such rates, the Governor-General shall take into consideration any recommendations made to the Minister by those members of EXANDIS nominated by the National Farmers' Federation (NFF). These recommendations have been received.
The attached table shows the section of each Act relevant to the proposed levies, the amount of each proposed levy payment as recommended and the maximum rates as specified in the relevant levy Acts.
All of the proposed Regulations, which would implement the recommended rates, are to commence on 1 July 1992.
ATTACHMENT
PROPOSED CONTRIBUTION RATES 1992-93
1. EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION
Dairy Produce Levy
(No. 1) Act 1986
(subsection 7(4A))
Live-stock Slaughter
Levy Act 1964
(section 6)
Meat Chicken Levy
Act 1969
(paragraph 7(1)(b))
Pig Slaughter Levy
Act 1971
(paragraph 6(1)(c)) | PROPOSED LEVY
0.042 (cent/kg milk fat)
Buffaloes 3.0(cent/head)
Sheep 0.1( " )
Lambs 0.1( " )
Goats 0.1( " )
0.02(cent/meat chicken)
1.0(cent/head) | SPECIFIED
MAXIMUM
0.066
Nil
0.05
1.5 |
2. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION
Australian Meat &
Livestock Corpn.
Act 1977
(subsection 34A(1)) Australian Wool
Corporation Act
1991
(subsection 26(1)) | COMMODITY
Cattle/calves
Wool
| PAYMENT
$
254,265
204,595
|
Overview
The Livestock Slaughter Levy Regulations (Amendment) 1992 No. 152 amends the Livestock Slaughter Levy Regulations under the Livestock Slaughter Levy Act 1964. This legislative amendment was introduced to address the need for updating the levy rates for the 1992-93 financial year to support the Exotic Animal Disease Preparedness Consultative Council (EXANDIS). The regulations were enacted by the Governor-General, acting on the authority of the Minister of State for Primary Industries and Energy, to implement the recommended rates for the levies collected for exotic disease purposes. The policy objective is to ensure adequate financial contributions to the EXANDIS trust account, which facilitates the control and eradication of exotic animal diseases through a matching fund mechanism where industry contributions are matched dollar-for-dollar by the Commonwealth, up to a maximum of $750,000 annually.
Scope and Application
The Livestock Slaughter Levy Regulations (Amendment) 1992 No. 152 amends the Livestock Slaughter Levy Act 1964, among other Acts, to prescribe the rates for the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) levy for the financial year 1992-93. These regulations apply to the livestock industry, including entities such as meat and livestock corporations, wool corporations, and producers of dairy products, meat chickens, pigs, and other livestock. The geographic and jurisdictional reach of the regulations is national, as they are applicable across Australia under the authority of the relevant Acts. The regulations do not specify any exclusions, exemptions, or thresholds within the provided text but rather focus on setting the proposed contribution rates for the EXANDIS levy. The amendments extend the application of the Acts by setting the specified rates for the year in question, which are to commence on 1 July 1992.
Key Provisions
The Livestock Slaughter Levy Regulations (Amendment) 1992 No. 152 modifies existing regulations under various Australian Acts to implement recommended rates for levies and payments aimed at funding the Exotic Animal Disease Preparedness Consultative Council (EXANDIS). Section 8 of the Livestock Slaughter Levy Act 1964, section 11 of the Meat Chicken Levy Act 1969, and section 8 of the Pig Slaughter Levy Act 1971 among others, empower the Governor-General to make regulations prescribing rates for these levies. The proposed amendments set forth specific rates for levies on livestock, dairy products, and meat chickens to be collected starting 1 July 1992, based on recommendations by EXANDIS members nominated by the National Farmers' Federation. These rates include a levy of 0.042 cents per kilogram of milk fat under the Dairy Produce Levy (No. 1) Act 1986, 3.0 cents per head for buffaloes under the Livestock Slaughter Levy Act 1964, and 0.02 cents per meat chicken under the Meat Chicken Levy Act 1969.
The amendments impose obligations on the parties involved, primarily the entities responsible for livestock and related industries, to comply with the prescribed levy rates. These entities must ensure that the specified levies are collected and remitted to the relevant authorities as per the regulations. The Acts themselves impose a duty on the Minister to consider recommendations from EXANDIS members and to implement the recommended rates through statutory instruments. Failure to comply with these obligations can result in legal consequences, including financial penalties and potential legal action for non-compliance.
In terms of consequences for non-compliance, the regulations do not explicitly detail specific offences or penalties within the explanatory statement. However, non-compliance with regulations made under the authority of the Acts could lead to enforcement actions under the respective Acts, including fines or other penalties as prescribed by law. The Acts generally provide for penalties for non-compliance, which could include fines and, in some cases, imprisonment, depending on the severity of the breach and the specific provisions of the relevant Act. The exact penalties would be determined by the courts when dealing with specific cases of non-compliance.