EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 51
Issued by the Authority of the Minister for Primary Industries and Energy.
LIVE-STOCK SLAUGHTER LEVY ACT 1964
Live-stock Slaughter Levy Regulations (Amendment)
Subsection 8(1) of the Live-stock Slaughter Levy Act 1964 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed.
The Exotic Animal Disease Control Act 1989 establishes an Exotic Animal Disease Preparedness Consultative Council and provides financial assistance for purposes related to the control and eradication of exotic animal diseases.
Financial assistance is provided through a trust account to receive annual industry contributions of $750,000 and for expenditure of industry contributions from the account to be matched on a dollar for dollar basis by Commonwealth grant funds. The industries to come within the new arrangements are the wool, sheepmeat, beef, dairy, pigs, poultry, buffalo and goat industries.
The Act has been amended to provide a new levy component for exotic disease purposes. The purpose of the regulations is to set the operative levy rates.
Subsection 8 (2B) of the Act provides that before making regulations prescribing such a rate the Governor-General shall take into consideration any recommendations made to the Minister by the members of the Exotic Animal Disease Preparedness Consultative Council nominated by the National Farmers’ Federation and regulations shall not be made prescribing a rate that is higher than the rate last recommended.
The rates were set after the Governor-General had taken into consideration these recommendations and the purpose of the regulation is to impose these levy rates, to apply from 1 April 1990:
| COMMODITY | RATE (cents) | LEVY UNIT | |
| Cattle | 2.96 | Head | |
| Calves | 0.78 | „ | |
| Bobby Calves | 0.21 | „ | |
| Buffaloes | 2.96 | „ | |
| Sheep | 0.10 | „ | |
| Lambs | 0.10 | „ | |
| Goats | 0.11 | „ | |
Overview
The Live-stock Slaughter Levy Act 1964 was enacted to address the need for a regulatory framework governing the imposition of levies on the slaughter of livestock, particularly in the context of disease control and industry contributions. This Act empowers the Governor-General to make regulations concerning the levy rates, ensuring they align with the overarching objectives of the Act. The 1990 amendment to the Act introduced a new levy component specifically for exotic disease purposes, reflecting a shift towards more comprehensive disease control measures and financial support mechanisms. This legislative change was aimed at enhancing preparedness and response capabilities to exotic animal diseases through a structured financial arrangement, supported by both industry contributions and Commonwealth grants. The policy objective was to bolster the capacity of various livestock industries to combat and prevent the spread of exotic diseases, thereby safeguarding Australia's agricultural sector.
Scope and Application
The Live-stock Slaughter Levy Act 1964 applies to entities within specified industries involved in the livestock sector, including cattle, calves, buffaloes, sheep, lambs, and goats. The Act is designed to impose a levy to fund the control and eradication of exotic animal diseases through the Exotic Animal Disease Preparedness Consultative Council, established under the Exotic Animal Disease Control Act 1989. This Act has been amended to introduce a new levy component for exotic disease purposes, with the levy rates set out in the Live-stock Slaughter Levy Regulations (Amendment). The levy rates, which came into effect from 1 April 1990, are determined by the Governor-General, taking into account recommendations from the Exotic Animal Disease Preparedness Consultative Council. The regulation ensures that the rates do not exceed those recommended by the Council and are matched dollar-for-dollar by Commonwealth grant funds, facilitating financial assistance for the wool, sheepmeat, beef, dairy, pigs, poultry, buffalo, and goat industries. The Act and its regulations apply across Australia, with the levy being a financial instrument to support national preparedness for exotic animal diseases.
Key Provisions
The primary operative sections of the Live-Stock Slaughter Levy Regulations (Amendment) (No. 51) 1990, as referenced under the Live-stock Slaughter Levy Act 1964, involve the establishment of levy rates for various livestock commodities, such as cattle, calves, buffaloes, sheep, lambs, and goats (subsection 8(2B)). The regulations set these rates to be effective from 1 April 1990, with specific levy rates per head or unit, as shown in the provided table. The rates are determined following the recommendations made by the Exotic Animal Disease Preparedness Consultative Council and approved by the Governor-General, ensuring they do not exceed the last recommended rate.
The Act imposes several obligations on the parties involved, primarily focusing on the collection and management of the levy funds. Under the Exotic Animal Disease Control Act 1989, the industries covered by these regulations must contribute annually to a trust account. The funds contributed by the wool, sheepmeat, beef, dairy, pigs, poultry, buffalo, and goat industries are to be matched dollar for dollar by Commonwealth grant funds. This financial arrangement is intended to support the control and eradication of exotic animal diseases, as overseen by the Exotic Animal Disease Preparedness Consultative Council.
In terms of consequences for non-compliance, the Live-Stock Slaughter Levy Regulations (Amendment) does not explicitly detail specific penalties or offences within the provided text. However, given the statutory context, breaches of the regulations or failure to comply with the prescribed levy rates could potentially lead to civil or administrative actions under the overarching Act. Such actions might include fines or other financial penalties as deemed appropriate by the relevant authorities, although the exact penalties are not specified in the provided excerpt. It is advisable for parties involved to ensure adherence to the stipulated rates and contributions to avoid any potential repercussions.