Meat and Live-stock Industry Regulations (Amendment) 1997 No. 209
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 209
issued by the Authority of the Minister for Primary Industries and Energy
Meat and Live-stock Industry Act 1995
Meat and Live-stock Industry Regulations (Amendment)
Subsection 226(1) of the Meat and Live-stock Industry Act 1995 (the MLI Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 3 of the MLI Act provides, inter alia, that for the purposes of the Act "live-stock" means cattle, sheep, lambs, goats or other prescribed animals and "meat" means the flesh of "live-stock".
The MLI Act, which commenced on 1 July 1995, provided for the continued existence of the Australian Meat and Live-stock Corporation (AMLC). The AMLC had previously been constituted under the Australian Meat and Live-stock Corporation Act 1977 (the AMLC Act). Under the AMLC Act buffaloes had been included as an animal within the meaning of "livestock" and the industry had paid levies to the AMLC for use in promotion and market development.
At the time the revised meat industry statutory arrangements were introduced under the MLI Act, the buffalo industry decided to shift its resources to the Rural Industries Research and Development Corporation (RIRDC). Consequently, buffaloes were not included in the definition of "live-stock" under the MLI Act, and since 1 July 1995, buffalo levies have been paid to RIRDC.
Since the implementation of the revised arrangements, the AMIC has identified a surplus of unspent buffalo funds, which it has agreed to repay to the industry via a payment to RIRDC. However, the AMLC cannot legally make any payments in relation to buffaloes under present circumstances.
The purpose of these amendments is to prescribe buffaloes as an animal within the meaning of "livestock" for the purposes of the MLI Act. This will allow the AMLC to make the payment of unspent buffalo levy funds to RIRDC, but will also require that exporters of buffaloes and buffalo meat be licensed for the period of operation of the regulation. In view of this, the amendment will commence on gazettal, but will cease to have effect on 1 September 1997 to minimise disruption to the buffalo industry.
Details of the regulations are as follows:
Regulation 1 provides for a commencement date of 1 September 1997 for Regulation 4. The remainder will commence on gazettal.
Regulation 2 provides for the Meat and Live-stock Industry Regulations to be amended by the Meat and Live-stock Industry Regulations (Amendment).
Regulation 3 inserts a new Regulation 3A into the Meat and Live-stock Industry Regulations prescribing buffaloes as an animal within the meaning of "live-stock" for the purposes of the Meat and Live-stock Industry Act 1995.
Regulation 4 omits the new Regulation 3A on 1 September 1997.
Overview
The Meat and Livestock Industry Regulations (Amendment) 1997 No. 209, issued under the authority of the Minister for Primary Industries and Energy, addresses a specific gap in the Meat and Livestock Industry Act 1995 by amending the definition of "livestock" to include buffaloes. This amendment allows the Australian Meat and Livestock Corporation (AMLC) to legally repay surplus unspent buffalo funds to the Rural Industries Research and Development Corporation (RIRDC), as the previous legislative framework did not permit such payments. The policy objective is to rectify this oversight while ensuring minimal disruption to the buffalo industry by setting a temporary commencement date, with the amendment ceasing to have effect on 1 September 1997.
The regulation also includes a requirement for exporters of buffaloes and buffalo meat to be licensed for the period of operation of the regulation, ensuring compliance and oversight within the industry during this transitional period. The amendments were enacted by the Australian Parliament to address the legislative gap and facilitate the repayment of funds to RIRDC.
Scope and Application
The Meat and Livestock Industry Regulations (Amendment) 1997 No. 209 pertains to the Meat and Livestock Industry Act 1995 and its subsequent regulations, aiming to address a specific issue regarding the classification of buffaloes within the legislative framework of the meat and livestock industry. The amendments seek to rectify an oversight in the original Act by reintroducing buffaloes into the definition of "livestock," thereby enabling the Australian Meat and Livestock Corporation (AMLC) to legally process and repay surplus buffalo levy funds to the Rural Industries Research and Development Corporation (RIRDC). This amendment applies to the AMLC, exporters of buffaloes and buffalo meat, and any other entities involved in the buffalo industry. Geographically, the scope of these regulations is national, as they fall under the Commonwealth jurisdiction and apply across Australia. The amendments also stipulate that the changes will take effect immediately upon gazette and will remain in force until 1 September 1997, to minimise disruption within the industry. This time-limited nature ensures that the legislative changes are temporary and do not permanently alter the industry's regulatory landscape.
Key Provisions
The Meat and Livestock Industry Regulations (Amendment) 1997 No. 209 amends the Meat and Livestock Industry Regulations under the Meat and Livestock Industry Act 1995. The key operative section in this context is section 3 of the regulations, which inserts a new Regulation 3A (section 3). This new regulation prescribes buffaloes as an animal within the meaning of "live-stock" for the purposes of the Meat and Livestock Industry Act 1995. This means that buffaloes are now considered part of the livestock industry for which the Australian Meat and Livestock Corporation (AMLC) is responsible, enabling the AMLC to repay unspent buffalo levy funds to the Rural Industries Research and Development Corporation (RIRDC). Regulation 4 provides that this new regulation will be omitted on 1 September 1997, ceasing to have effect at that date.
These amendments impose obligations on the AMLC to make payments to RIRDC for unspent buffalo levy funds and on exporters of buffaloes and buffalo meat to obtain a license. The AMLC must ensure that the payment process is completed within the specified timeframe. Exporters of buffaloes and buffalo meat are required to apply for and obtain a license to operate within the buffalo industry during the period when the regulation is in effect.
The regulations also set out potential consequences for non-compliance. Although the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that failure to comply with licensing requirements could result in legal action, fines, or other penalties as prescribed by the Meat and Livestock Industry Act 1995 or related legislation. The exact nature and severity of these penalties would depend on the specific regulatory framework and any relevant guidelines or case law. The temporary nature of the regulation suggests a focused enforcement effort to ensure compliance during its limited operational period.