Meat Chicken Levy Regulations (Amendment) 1994 No. 162
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 162
Issued by Authority of the Minister for Primary Industries and Energy Meat Chicken Levy Act 1969
Meat Chicken 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 77 of the Australian Wool Research and Promotion Organisation Act 1993
Section 9 of the Laying Chicken Levy Act 1988
Section 11 of the Meat Chicken Levy Act 1969
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 1994-
95. 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 levies, the amount of each levy/payment as recommended and the maximum rates as specified in the relevant levy Acts.
All of the Regulations, which would implement the recommended rates, are to commence on 1 July 1994.
94R145
94R151
94R146
94R147
ATTACHMENT 1
EXANDIS - CONTRIBUTION RATES 1994-95
- EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION LEVY SPECIFIED MAXIMUM
Dairy Produce Levy (No. 1) Act 1986
(subsection 7(4A))
Laying Chicken Levy Act 1988 (paragraph 7(b))
0.047 (cent/kg milk fat) 0.066
0.24 (cent/laying chicken) 0.25
Live-stock Slaughter Levy Act 1964
(section 6)
Meat Chicken Levy
Buffaloes 3.0 (cents/head)
Sheep 0.10 (cent/head) Lambs 0.10 ( " )
Goats 0.10 ( " )
nil
Act 1969
(paragraph 7(1)(b))
Pig Slaughter Levy Act 1971
(paragraph 6(1)(c))
0.016 (cent/meat chicken) 0.05
0.90 (cent/head) 1.5
2. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION COMMODITY PAYMENT
$
Australian Meat & Live-stock Corpn. Act 1977
(subsection 34A(1))
Australian Wool Research & Promotion Organisation Act
1993
(section 79)
Cattle/calves 278,165
Wool 151,770
Overview
The Meat Chicken Levy Regulations (Amendment) 1994 No. 162, issued by authority of the Minister for Primary Industries and Energy, amends the Meat Chicken Levy Regulations under the Meat Chicken Levy Act 1969. These regulations were enacted to address the need for prescribed rates for the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) levy for the financial year 1994-95. This amendment is necessary to implement the recommended rates for the EXANDIS levy, which provides financial assistance for the control and eradication of exotic animal diseases. The policy objective is to ensure that industry contributions to the EXANDIS trust account are matched by the Commonwealth on a dollar-for-dollar basis up to a maximum of $750,000, thereby supporting preparedness and response efforts against exotic animal diseases. The regulations reflect the recommendations made to the Minister by members of EXANDIS nominated by the National Farmers' Federation, and they are set to commence on 1 July 1994.
Scope and Application
The Meat Chicken Levy Regulations (Amendment) 1994 No. 162 pertains to the Meat Chicken Levy Act 1969 and other associated Acts such as the Australian Meat and Livestock Corporation Act 1977 and the Australian Wool Research and Promotion Organisation Act 1993. These regulations apply to entities involved in the production and sale of meat chickens and other livestock within Australia. The primary purpose of the Act is to establish and amend the rates for levies to be collected for exotic disease preparedness and control, specifically through the Exotic Animal Disease Preparedness Consultative Council (EXANDIS). This Act affects the meat chicken industry, the livestock industry, and related stakeholders by imposing financial contributions towards disease control efforts. The geographical scope of this Act is national, as it applies across all states and territories of Australia. The Act does not explicitly state exclusions, but it is implied that entities not involved in the specified livestock industries may be exempt from the levies. The rates for the levies are prescribed by regulation and must be considered in light of recommendations from EXANDIS members nominated by the National Farmers' Federation before implementation.
Key Provisions
The Meat Chicken Levy Regulations (Amendment) 1994 No. 162, issued under the authority of the Minister for Primary Industries and Energy, amend the existing Meat Chicken Levy Regulations to establish the contribution rates for the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) for the fiscal year 1994-95. These rates are prescribed by regulation as required by the Meat Chicken Levy Act 1969, the Australian Meat and Livestock Corporation Act 1977, the Australian Wool Research and Promotion Organisation Act 1993, and other related Acts. The amendments set forth in the regulations follow recommendations made by EXANDIS members nominated by the National Farmers' Federation (NFF) and align with the financial framework established by the Exotic Animal Disease Control Act 1989.
The regulations mandate that industry stakeholders, such as meat chicken producers, contribute to EXANDIS through specified levies. For instance, under the Meat Chicken Levy Act 1969 (section 11), the contribution rate for meat chickens is set at 0.016 cents per meat chicken, which may be adjusted up to a maximum of 0.05 cents as per the regulations. Similarly, the Laying Chicken Levy Act 1988 (section 7(b)) stipulates a contribution rate of 0.047 cents per kilogram of milk fat, with a maximum allowable rate of 0.066 cents. These levies are essential for funding the preparedness and control measures against exotic animal diseases.
The obligations imposed by these regulations require compliance from all relevant parties, including meat chicken producers and other stakeholders. These entities must remit the specified levies to the appropriate authorities within the prescribed timelines to ensure continuous funding for EXANDIS. Failure to adhere to these obligations can result in non-compliance and potential legal repercussions.
In terms of enforcement, breaches of the Meat Chicken Levy Regulations can lead to civil and criminal consequences. The penalties for non-compliance or underpayment of the levies may include fines and, in severe cases, prosecution. While the specific penalties are not detailed in the explanatory statement, they are likely to align with the maximum penalties stipulated in the relevant Acts, which can be significant to ensure compliance and effective disease control measures.