Live-Stock Slaughter Levy Regulations (Amendment)

Legislation au C2004L05101 Regulations Not in force Legislative Instrument

Legislation content

Live-stock Slaughter Levy Regulations (Amendment) 1991 No. 102
 

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 102

Issued by Authority of the Minister of State for Primary Industries and Energy

Australian Meat & Live-stock Corporation Act 1977

Australian Meat & Live-stock Corporation Regulations (Amendment)

Dairy Produce Levy (No. 1) Act 1986

Dairy Produce Levy Regulations (Amendment)

Laying Chicken Levy Act 1988

Laying Chicken Levy Regulations (Amendment)

Live-stock Slaughter Levy Act 1964

Live-stock Slaughter Levy Regulations (Amendment)

Meat Chicken Levy Act 1969

Meat Chicken Levy Regulations (Amendment)

Pig Slaughter Levy Act 1971

Pig Slaughter Levy Regulations (Amendment)

Wool Marketing Act 1987

Wool Marketing 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 and also (in the case of pigs) for the financing of the Pig Research and Development Corporation and the Australian Pork Corporation. Relevant sections are as follows:

section 52 of the Australian Meat & Live-stock Corporation Act 1977

section 14 of the Dairy Produce Levy (No. 1) Act 1986

section 9 of the Laying Chicken Levy Act 1988

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

section 127 of the Wool Marketing Act 1987.

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 exotic disease levy rates for 1991-92. 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) and regulations shall not be made prescribing a rate that is greater than the rate last recommended.

The attached table shows the section of each Act relevant to exotic disease levy, the amount of each proposed levy/payment as recommended by the NFF members and the maximum rates as specified in the relevant levy Acts.

With regard to the Laying Chicken Levy Regulations (Amendment), this is the first year of operation of the proposed exotic disease levy for laying chickens. As a result, it is necessary to prescribe 5.75 cents (paragraph 7(a) of the relevant Act) for research and development purposes which is unchanged from the previous year and 0.0025 cent for exotic disease purposes (paragraph 7(b)).

With regard to the Pig Slaughter Levy Regulations (Amendment) certain proposed changes for the purposes of paragraphs 6(1)(a) and 6(1)(b) of the relevant Act are purely to clarify the drafting style.

The Pig Slaughter Levy Act 1971 (the Levy Act) provides that the rate of levy per pig slaughtered shall be the aggregate of:

(a)       an amount prescribed for the purpose of financing the Pig Research and Development Corporation (PRDC), not exceeding $1.00;

(b)       an amount prescribed for the purpose of financing the Australian Pork Corporation, not exceeding $2.50;

(c)       an amount prescribed for the purpose of financing exotic animal disease control and eradication, not exceeding 1.5 cents.

Subsection 6(2) of the Levy Act requires the Governor-General, before making regulations prescribing an amount for the purposes of paragraph 6(1)(a), to take Into consideration any recommendation made to the Minister for Primary Industries and Energy by the PRDC. Subsection 6(2) also provides that regulations shall not be made prescribing an amount for the purposes of paragraph 6(1)(a) that is greater than the amount last recommended by the PRDC to the minister for Primary Industries and Energy.

The PRDC recommended to the Minister for Primary Industries and Energy that the rate of pig slaughter levy for the purposes of paragraph 6(1)(a) of the Levy Act be increased from 40 cents to 55 cents, commencing 1 July 1991 (see Attachment). The PRDC is seeking the rate increase in the pig slaughter levy to fund its Research and Development Plan and Annual Operational Plan for 1991-92. The recommended rate meets the requirements of section 6 of the Levy Act.

All of the proposed Regulations, which would implement the recommended levy rates, are to commence on 1 July 1991.

91R141DOC
91R142DOC
91R143DOC
91R144DOC
91R145DOC
91R146DOC
91R147DOC

ATTACHMENT

EXANDIS - PROPOSED CONTRIBUTION RATES 1991-92

LEGISLATION

Dairy Produce Levy
(No. 1) Act 1986
(sub-section 7(4A))

Laying Chicken
Levy Act 1988
(paragraph 7(b))

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))

LEGISLATION

Australian Meat &
Live-stock
Corporation Act 1977
(subsection 34A(1))

Wool Marketing Act 1987          
(subsection 53A(1))

LEVY PROPOSED ($)


0.03438(cent/kg milk fat)



0.0025(cent/laying chicken)


Buffaloes 2.9649 (cent/head)          
Sheep 0.1727      (   "   )
Lambs 0.1727     (   "   )
Goats 0.075        (   "   )

0.013706(cent per head)



1.433(cent/head)



COMMODITY



Cattle/calves


Wool

SPECIFIED
MAXIMUM

0.066



0.0025


Nil




0.05



1.5



PAYMENT
      $


270,355


329,625

PRDC - PROPOSED OPERATIVE LEVY RATE

LEGISLATION

Pig Slaughter Levy
Act 1971
(paragraph 6(1)(a))                      

LEVY


55(cents/head)                         

SPECIFIED
MAXIMUM

$1.00

 

Overview

The Livestock Slaughter Levy Regulations (Amendment) 1991 No. 102 were issued under the authority of the Minister of State for Primary Industries and Energy, pursuant to various Acts, including the Australian Meat & Livestock Corporation Act 1977, the Dairy Produce Levy (No. 1) Act 1986, the Laying Chicken Levy Act 1968, the Livestock Slaughter Levy Act 1964, the Meat Chicken Levy Act 1969, the Pig Slaughter Levy Act 1971, and the Wool Marketing Act 1987. These regulations aim to establish the operative exotic disease levy rates for the 1991-92 financial year, taking into consideration recommendations made by the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and other relevant stakeholders. The primary objective of these regulations is to provide adequate funding for exotic animal disease control and eradication efforts, as well as research and development initiatives within the livestock industry. The amendments to the relevant Acts and Regulations ensure that the prescribed levy rates do not exceed the recommended rates and maintain the balance between industry contributions and government support for disease control and industry development.

Scope and Application

The Live-stock Slaughter Levy Regulations (Amendment) 1991 No. 102 pertains to various Acts including the Australian Meat & Livestock Corporation Act 1977, the Dairy Produce Levy (No. 1) Act 1986, the Laying Chicken Levy Act 1988, the Livestock Slaughter Levy Act 1964, the Meat Chicken Levy Act 1969, the Pig Slaughter Levy Act 1971, and the Wool Marketing Act 1987. These Acts provide for a levy for exotic disease purposes and, in the case of pigs, for the financing of the Pig Research and Development Corporation and the Australian Pork Corporation. The regulations apply to the livestock industry, including entities involved in the slaughter of livestock and the production of dairy and chicken products. The geographic reach of these regulations is national, applying across Australia. The amendments include recommendations from the National Farmers' Federation members of the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and must not exceed the rates last recommended. For instance, the proposed exotic disease levy for laying chickens is set at 0.0025 cent, while for pigs, the rate of pig slaughter levy for financing the Pig Research and Development Corporation is proposed to increase from 40 cents to 55 cents. These regulations are designed to implement the recommended levy rates, effective from 1 July 1991.

Key Provisions

The main operative sections of the Live-stock Slaughter Levy Regulations (Amendment) 1991 No. 102 (the Regulations) pertain to the establishment of exotic disease levy rates for various livestock industries for the 1991-92 financial year. These sections include section 8 of the Live-stock Slaughter Levy Act 1964, section 11 of the Meat Chicken Levy Act 1969, section 9 of the Laying Chicken Levy Act 1988, and section 8 of the Pig Slaughter Levy Act 1971, among others. The Regulations specify the rates for each type of livestock, including cattle, sheep, lambs, goats, laying chickens, and pigs, taking into account recommendations from the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and other relevant bodies. The Regulations impose several obligations on the parties and entities they govern. Firstly, they require the Governor-General to consider any recommendations made by EXANDIS members nominated by the National Farmers' Federation (NFF) before making regulations prescribing the exotic disease levy rates. The Regulations also stipulate that the rates prescribed must not exceed the last recommended rate by EXANDIS. Furthermore, for the Pig Slaughter Levy, the Governor-General must consider recommendations from the Pig Research and Development Corporation (PRDC) before prescribing an amount for financing the PRDC. The Regulations ensure that the prescribed rates comply with the maximum rates specified in the relevant Acts. The Regulations also outline the penalties and consequences for non-compliance. While specific penalties are not detailed in the explanatory statement, breaches of these regulations could result in civil or criminal consequences under the respective Acts. These may include fines or other sanctions as prescribed by the Acts, depending on the severity of the breach. The Acts themselves provide for penalties for non-compliance, which can vary but typically include monetary fines or other corrective measures to ensure adherence to the prescribed levy rates. In summary, the Live-stock Slaughter Levy Regulations (Amendment) 1991 No. 102 establish the exotic disease levy rates for livestock industries for the 1991-92 financial year. They mandate the Governor-General to consider recommendations from EXANDIS and the PRDC when setting these rates and ensure they do not exceed the maximum rates specified in the relevant Acts. Non-compliance with these Regulations could lead to civil or criminal penalties as outlined in the respective Acts.

Legal classification tags

Area of Law
Agriculture & Livestock
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Levy Rates
Regulatory Standards
Consultation Requirements
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.