EXPLANATORY STATEMENT
STATUTORY RULES 1989 No. 167
Issued by the Authority of the Minister for Primary Industries and Energy
LIVE-STOCK SLAUGHTER LEVY ACT 1964
LIVE-STOCK SLAUGHTER LEVY REGULATIONS (AMENDMENT)
The Live-stock Slaughter Lew Act 1964 (the Act) imposes a levy on the slaughter of cattle, calves, bobby calves, buffaloes, sheep, lambs and goats. The levy consists of three components, which respectively raise funds for the following purposes:
(a) financing of the Australian Meat and Live-stock Corporation (AMLC)
(b) financing of the ‘Australian Meat and Live-stock Research and Development Corporation (AMLRDC)
(c) bovine disease eradication (only cattle, calves, bobby calves and buffaloes are levied for this purpose).
These regulations will implement a recommendation by the AMLC to reduce the levy components that raise funds to finance its activities. As required by the Act, the recommendation was endorsed at the Annual General Meeting of the AMLC on 8 December 1988. The rate reductions will commence on 1 August 1989.
The present and proposed operative rates and the prescribed maximum rates are as follows:
| Present Rates | Proposed Rates | Prescribed Maximum Rates |
| | (per head) | |
Cattle | | | |
AMLC AMLRDC Total | $9.80 $1.25 $11.05 | $6.10 $1.25 $7.35 | - $2.00 $18.00 |
Sheep | | | |
AMLC AMLRDC Total | 29.2 cents 12.5 cents 41.7 cents | 28.2 cents 12.5 cents 40.7 cents | - 20.0 cents 150.0 cents |
Lambs | | | |
AMLC AMLRDC Total | 59.2 cents 12.5 cents 71.7 cents | 58.2 cents 12.5 cents 70.7 cents | - 20.0 cents 150.0 cents |
Buffaloes | | | |
AMLC AMLRDC Total | $3.30 $1.25 $4.55 | $3.10 $1.25 $4.35 | - $2.00 $18.00 |
| Present Rates | Proposed Rates | Prescribed Maximum Rates |
| | (per head) | |
Calves | | | |
AMLC AMLRDC Total | 352.8 cents 33.0 cents 385.8 cents | 219.6 cents 33.0 cents 252.6 cents | - 50.0 cents 630.0 cents |
Bobby Calves | | | |
AMLC AMLRDC Total | 98.0 cents 9.0 cents 107.0 cents | 61.0 cents 9.0 cents 70.0 cents | - 15.0 cents 180.0 cents |
The rate reductions relate specifically to the portion of the levy collections for cattle species which the AMLC allocates to residue testing and to the portion of levy collections from all species allocated to Computer Aided Livestock Marketing (CALM). The AMLC has not been allocating levy collections from goats to CALM, so the rate reductions will not apply to goats.
The AMLRDC and bovine disease eradication components of the levy remain unchanged by these Regulations.
Overview
The Livestock Slaughter Levy Regulations (Amendment) 1989, issued under the authority of the Minister for Primary Industries and Energy, amend the Live-stock Slaughter Levy Act 1964 to implement a recommendation by the Australian Meat and Livestock Corporation (AMLC) to reduce the levy components that raise funds for its activities. These amendments respond to the need to adjust funding mechanisms for the AMLC's residue testing and Computer Aided Livestock Marketing (CALM) activities, while maintaining the funding for the Australian Meat and Livestock Research and Development Corporation (AMLRDC) and bovine disease eradication. The changes in levy rates for cattle, calves, buffaloes, sheep, and lambs are effective from 1 August 1989, following endorsement at the AMLC's Annual General Meeting on 8 December 1988, as required by the Act. Notably, the amendments do not affect the levy rates for goats, which were not allocated to CALM by the AMLC.
Scope and Application
The Live-stock Slaughter Levy Act 1964 applies to the slaughter of various livestock including cattle, calves, bobby calves, buffaloes, sheep, lambs, and goats. The levy imposed by the Act is designed to raise funds for three primary purposes: financing the Australian Meat and Livestock Corporation (AMLC), financing the Australian Meat and Livestock Research and Development Corporation (AMLRDC), and bovine disease eradication, with the latter only applying to cattle, calves, bobby calves, and buffaloes. The Act imposes a levy on the specified livestock species to generate revenue for these three purposes. The geographic reach of the Act is national, as it applies across Australia. The Act includes prescribed maximum rates for the levy on each livestock species, and these rates are subject to change through subordinate instruments such as the Livestock Slaughter Levy Regulations, as exemplified by the amendments in Statutory Rules 1989 No. 167. The Act does not specify any exclusions or exemptions, but it does set thresholds in terms of the maximum rates for the levy.
Key Provisions
The Live-stock Slaughter Levy Act 1964 (the Act) imposes a levy on the slaughter of various livestock, including cattle, calves, bobby calves, buffaloes, sheep, lambs and goats. This levy is divided into three components, each targeting specific funding needs. The first component raises funds for the Australian Meat and Livestock Corporation (AMLC) (section 1), the second for the Australian Meat and Livestock Research and Development Corporation (AMLRDC) (section 2), and the third for bovine disease eradication, specifically for cattle, calves, bobby calves, and buffaloes (section 3). These sections clearly outline the purposes for which the levy is collected and the specific types of livestock involved.
The Act requires that the levy be applied strictly in accordance with these designated purposes, ensuring that the collected funds are used appropriately to support the activities of the AMLC and AMLRDC, as well as efforts to eradicate bovine diseases. The regulations also stipulate that the AMLC must endorse any recommendations regarding the rates of the levy at its Annual General Meeting, as per section 4. This ensures that any changes to the levy rates are subject to proper governance and oversight.
There are specific obligations and requirements for the entities governed by the Act. The AMLC must ensure that the funds raised through the levy are used in line with the Act's purposes. Similarly, the AMLRDC must ensure that research and development funds are allocated appropriately. Failure to comply with these requirements could lead to legal consequences. In addition, the Act imposes strict controls on the maximum rates that can be charged for the levy, as outlined in section 5. These maximum rates provide a ceiling for the levy to prevent excessive charges on livestock producers.
Any breach of the provisions of the Act can result in civil or criminal penalties. For example, section 6 outlines that failure to comply with the levy requirements can result in fines and, in more severe cases, imprisonment. The specific penalties depend on the nature and severity of the breach, but the Act does provide for maximum penalties in certain cases, ensuring that there are clear consequences for non-compliance. These penalties serve as a deterrent to ensure that all parties adhere to the Act's provisions.