Live-stock Slaughter (Processors) Levy Act 1997

Legislation au C2004A05303 Not in force Act

Legislation content

 

 

 

 

Live‑stock Slaughter (Processors) Levy Act 1997

 

No. 214, 1997

 

 

 

 

 

 

 

 

 

 

 

Live‑stock Slaughter (Processors) Levy Act 1997

 

No. 214, 1997

 

 

 

 

An Act to impose a levy, payable by processors, on the slaughter of certain live‑stock, and for purposes dealing with the imposition of the levy

 

 

 

Contents

1 Short title..................................1

2 Commencement..............................2

3 Definitions.................................2

4 Imposition of levy.............................2

5 No amount of levy payable in certain cases..............3

6 Rate of levy on slaughter of sheep....................3

7 Rate of levy on slaughter of lambs....................3

8 Rate of levy on slaughter of goats....................4

9 Levy payable by processor........................4

10 Regulations.................................4

 

Live-stock Slaughter (Processors) Levy Act 1997

No. 214, 1997

 

 

 

An Act to impose a levy, payable by processors, on the slaughter of certain live-stock, and for purposes dealing with the imposition of the levy

[Assented to 17 December 1997]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Live‑stock Slaughter (Processors) Levy Act 1997.

2  Commencement

  This Act commences at the commencement of Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

3  Definitions

 (1) In this Act, unless the contrary intention appears:

lamb means a sheep that has not cut a permanent incisor tooth.

levy means levy imposed by this Act.

live-stock means sheep, lambs and goats.

marketing body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

processor, in relation to live-stock, means the person (including a State or Territory or an authority of a State or Territory) who is the owner of the carcases of the live-stock immediately after the hot carcase weight of the live-stock would normally be determined.

research body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

sheep does not include lambs.

 (2) Unless the contrary intention appears, a word or expression has the same meaning in this Act as it has in the Primary Industries Levies and Charges Collection Act 1991.

4  Imposition of levy

 (1) Subject to subsection (2), a levy is imposed on the slaughter at an abattoir of live‑stock for human consumption after the commencement of this Act.

 (2) Levy is not imposed:

 (a) on the slaughter of live‑stock whose carcases are, under a law of the Commonwealth or of a State or Territory, condemned or rejected as being unfit for human consumption; or

 (b) on the slaughter of live‑stock for consumption by the owner of the live‑stock, or by members of the owner’s family or by the owner’s employees.

5  No amount of levy payable in certain cases

 (1) The regulations may provide that no amount of levy is payable by processors of live‑stock under this Act.

 (2) Despite anything else in this Act, if a regulation of the kind referred to in subsection (1) is made, an amount of levy is not payable under this Act on the slaughter of live‑stock in respect of any period while the regulation is in force.

6  Rate of levy on slaughter of sheep

  The rate of levy on the slaughter of each head of sheep is the sum of the following amounts:

 (a) the prescribed amount (not exceeding 70 cents), for the purpose of payment to the marketing body;

 (b) the prescribed amount (not exceeding 25 cents), for the purpose of payment to the research body.

7  Rate of levy on slaughter of lambs

  The rate of levy on the slaughter of each head of lambs is the sum of the following amounts:

 (a) the prescribed amount (not exceeding 50 cents), for the purpose of payment to the marketing body;

 (b) the prescribed amount (not exceeding 25 cents), for the purpose of payment to the research body.

8  Rate of levy on slaughter of goats

  The rate of levy on the slaughter of each head of goats is the sum of the following amounts:

 (a) the prescribed amount (not exceeding 55 cents), for the purpose of payment to the marketing body;

 (b) the prescribed amount (not exceeding 25 cents), for the purpose of payment to the research body.

9  Levy payable by processor

  Levy payable on the slaughter of live‑stock is payable by the processor of the live‑stock.

10  Regulations

 (1) The Governor-General may make regulations prescribing all matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 (2) The Minister may, by notice in the Gazette, declare a body to be the body whose recommendations about the amount to be prescribed for the purposes of paragraph 6(a), 6(b), 7(a), 7(b), 8(a) or 8(b) are to be taken into consideration under subsection (3).

 (3) If a declaration is in force under subsection (2), the Governor‑General’s power to make regulations prescribing an amount for the purpose of the paragraph to which the declaration relates is exercisable only on the advice of the Executive Council given after the Council has taken into consideration any recommendations about the amount made to the Minister by the body specified in the declaration in relation to that paragraph.

[Minister's second reading speech made in the

House of Representatives on 1 October 1997

Senate on 29 October 1997]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(156/97)

Overview

The Live-stock Slaughter (Processors) Levy Act 1997 was enacted by the Parliament of Australia to address the need for a structured financial contribution from processors involved in the slaughter of certain livestock, specifically sheep, lambs, and goats. This Act was introduced to ensure that the financial burden of supporting marketing and research activities within the livestock industry is shared by those directly involved in the processing of livestock for human consumption. The policy objective behind the Act is to facilitate the collection of funds to support marketing bodies and research entities, thereby enhancing the overall efficiency and competitiveness of the Australian meat and livestock industry. The Act imposes a levy on processors, which is payable on the slaughter of livestock, excluding cases where the livestock are condemned as unfit for human consumption or slaughtered for personal consumption by the owner or their immediate family. The Act allows for the flexibility to adjust the levy rates through regulations and provides a mechanism for the Governor-General to make necessary regulations, with certain recommendations being considered from specified bodies. This legislative framework ensures that the financial contributions are managed in a way that supports the industry's development and research needs effectively.

Scope and Application

The Live-stock Slaughter (Processors) Levy Act 1997 applies to processors who engage in the slaughter of specific types of livestock for human consumption, with the levy being imposed on the processors of sheep, lambs, and goats. The Act is in effect throughout Australia, aligning with the commencement of Part 3 of the Australian Meat and Livestock Industry Act 1997. However, it does not apply to the slaughter of livestock that is condemned or rejected as unfit for human consumption or to livestock slaughtered for consumption by the owner, family members, or employees. The Act allows for the creation of regulations to specify the levy rates, with the rates being prescribed to benefit marketing and research bodies. Furthermore, the Act grants the Governor-General the authority to make regulations necessary for the implementation and enforcement of the Act, subject to recommendations from a body declared by the Minister for consideration by the Executive Council.

Key Provisions

The Live-stock Slaughter (Processors) Levy Act 1997 (Act) imposes a levy on the slaughter of certain livestock at an abattoir for human consumption, as per section 4. This levy applies to sheep, lambs, and goats, as defined in section 3, and is payable by the processor of the livestock, as outlined in section 9. The levy is intended to fund marketing and research bodies, with specific rates prescribed for each type of livestock, as seen in sections 6, 7, and 8. Importantly, the levy does not apply to livestock whose carcasses are condemned or rejected as unfit for human consumption, or to livestock slaughtered for personal consumption by the owner or their family or employees, as per section 5. Under this Act, processors are required to pay the levy on the slaughter of livestock, as per section 9, and the Act grants the Governor-General the authority to make regulations necessary to enforce the Act, as stated in section 10. These regulations can prescribe the levy rates and other matters required or permitted by the Act, including the process for determining these rates. In addition, the Minister may declare a body to consider when setting these rates, as indicated in section 10(2) and (3). Failure to comply with the requirements of the Act, including the payment of the levy, can result in various consequences. While the Act does not explicitly outline specific penalties, breaches of similar livestock and abattoir regulations typically attract fines. For example, under the Australian Meat and Live-stock Industry Act 1997, failure to comply with certain provisions can result in penalties up to $55,000 for individuals and significantly higher amounts for corporations, as per section 122. Thus, it is reasonable to infer that similar or comparable penalties might apply under the Live-stock Slaughter (Processors) Levy Act 1997 for non-compliance.

Legal classification tags

Area of Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Imposition of levy
Regulatory Standards

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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.