Meat Chicken Levy Regulations (Amendment) 1992 No. 144
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 144
Issued by Authority of the Minister of State for Primary Industries and Energy
Australian Meat and Live-stock Corporation Act 1977
Australian Meat and Live-stock Corporation Regulations (Amendment)
Australian Wool Corporation Act 1991
Australian Wool Corporation Regulations (Amendment)
Dairy Produce Levy (No. 1) Act 1986
Dairy Produce Levy Regulations (Amendment)
Live-stock Slaughter Levy Act 1964
Livestock Slaughter Levy Regulations (Amendment)
Meat Chicken Levy Act 1969
Meat Chicken Levy Regulations (Amendment)
Pig Slaughter Levy Act 1971
Pig Slaughter Levy 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. Relevant sections are as follows:
Section 52 of the Australian Meat and Live-stock Corporation Act 1977
Section 94 of the Australian Wool Corporation Act 1291
Section 14 of the Dairy Produce Levy (No. 1) Act 1986
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
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 EXANDIS levy rates for 1992-93. 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). These recommendations have been received.
The attached table shows the section of each Act relevant to the proposed levies, the amount of each proposed levy payment as recommended and the maximum rates as specified in the relevant levy Acts.
All of the proposed Regulations, which would implement the recommended rates, are to commence on 1 July 1992.
ATTACHMENT
PROPOSED CONTRIBUTION RATES 1992-93
1. EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION
Dairy Produce Levy
(No. 1) Act 1986
(subsection 7(4A))
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)) | PROPOSED LEVY
0.042 (cent/kg milk fat)
Buffaloes 3.0(cent/head)
Sheep 0.1( " )
Lambs 0.1( " )
Goats 0.1( " )
0.02(cent/meat chicken)
1.0(cent/head)
| SPECIFIED
MAXIMUM
0.066
Nil
0.05
1.5
|
2. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION
Australian Meat &
Livestock Corpn.
Act 1977
(subsection 34A(1))
Australian Wool
Corporation Act
1991
(subsection 26(1)) | COMMODITY
Cattle/calves
Wool
| PAYMENT
$
254,265
204,595
|
Overview
The Meat Chicken Levy Regulations (Amendment) 1992 No. 144, issued by authority of the Minister of State for Primary Industries and Energy, amends existing regulations under the Meat Chicken Levy Act 1969 to address the need for updated levy rates to support the Exotic Animal Disease Preparedness Consultative Council (EXANDIS). These amendments follow recommendations made by the National Farmers' Federation (NFF) members of EXANDIS. The primary objective of these regulations is to align the industry contributions with the council's financial needs for controlling and eradicating exotic animal diseases. The proposed contribution rates, which are to take effect from 1 July 1992, are set out in an attached table detailing the specific levy amounts and the maximum rates specified in the relevant Acts. These amendments ensure that the industry contributions are properly matched by the Commonwealth, up to the specified maximum, thereby supporting the council's preparedness efforts.
Scope and Application
The Meat Chicken Levy Regulations (Amendment) 1992 No. 144 applies to entities and industries involved in the production and sale of meat chickens within Australia, as well as the collection and management of levies for exotic disease control purposes. The regulations pertain to the amendment of existing levies as outlined in the Meat Chicken Levy Act 1969 and other related acts. The regulations are issued under the authority of the Minister of State for Primary Industries and Energy and are designed to implement recommended contribution rates for the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) for the financial year 1992-93. These amendments ensure that industry contributions are adjusted to reflect the current economic conditions and the requirements of disease control initiatives. The changes are set to commence on 1 July 1992, and the recommended rates are specified in an attached table, which details the proposed levy rates and the maximum rates as stipulated in the relevant Acts.
Key Provisions
The Meat Chicken Levy Regulations (Amendment) 1992 No. 144, as stated in the Explanatory Statement, primarily aim to adjust the rates for contributions to the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) for the financial year 1992-93. Section 11 of the Meat Chicken Levy Act 1969 provides the basis for these amendments. The regulations propose an adjustment to the meat chicken levy rate from 0.02 cent/kg to 0.042 cent/kg milk fat. These adjustments are designed to align the contribution rates with the recommendations made by EXANDIS, as mandated by the Acts. The amendments are set to take effect from 1 July 1992.
The regulations impose specific obligations on the parties governed by the Meat Chicken Levy Act 1969. Producers of meat chickens are required to contribute to the EXANDIS levy at the prescribed rates. These contributions are essential for funding the council's activities related to the control and eradication of exotic animal diseases. Additionally, the regulations stipulate that these contributions should be made in accordance with the schedules provided in the amendments, ensuring that the financial support is consistent and appropriately allocated.
Breach of these regulations could lead to civil and criminal consequences. While the specific penalties are not detailed in the provided text, it is common for non-compliance with statutory levies to result in fines or other legal actions. The maximum penalties would depend on the severity of the breach and the specific provisions of the Meat Chicken Levy Act 1969. Typically, such penalties aim to enforce compliance and deter future non-compliance by imposing financial or other legal repercussions on defaulting parties.