Meat Chicken Levy Regulations (Amendment) 1993 No. 97
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 97
Issued by Authority of the Minister 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)
Laying Chicken Levy Act 1988
Laying Chicken 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 1991
Section 14 of the Dairy Produce Levy (No. 1) Act 1986
Section 9 of the Laying Chicken Levy Act 1988
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 1993-94. 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 1993.
93R189
93R190
93R191
93R192
93R194
93R188
ATTACHMENT
EXANDIS - PROPOSED CONTRIBUTION RATES 1993-94
1. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION
Australian Meat and
Livestock Corporation
Act 1977
(subsection 34A(1))
Australian Wool
Corporation Act
1991
(subsection 26(1)) | COMMODITY
Cattle/calves
Wool
| PAYMENT
$
266,356
191,401
|
2. EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION
Dairy Produce Levy
(No. 1) Act 1986
(subsection 7(4A))
Laying Chicken
Levy Act 1988
(paragraph 7(b))
Meat Chicken Levy
Act 1969
(paragraph 7(1)(b))
Pig Slaughter Levy
Act 1971
(paragraph 6(1)(c)) | PROPOSED LEVY
0.047 (cent/kg milk fat)
0.22 (cent/laying chicken)
0.018 (cent/meat chicken)
0.90 (cent/head)
| SPECIFIED
MAXIMUM
0.066
0.25
0.05
1.5
|
Overview
The Meat Chicken Levy Regulations (Amendment) 1993 No. 97, issued by authority of the Minister for Primary Industries and Energy, is an amendment to the Meat Chicken Levy Regulations under the Meat Chicken Levy Act 1969. The primary objective of these regulations is to prescribe the operative Exotic Animal Disease Preparedness Consultative Council (EXANDIS) levy rates for the 1993-94 period. This amendment follows the legislative framework that allows the Governor-General to make regulations for the purpose of these Acts, specifically to impose a levy for exotic disease control purposes. The amendments were made in consideration of recommendations from EXANDIS, as directed by the National Farmers' Federation, to ensure that the proposed rates align with the financial needs for controlling and eradicating exotic animal diseases. The regulations are set to commence on 1 July 1993, implementing the recommended rates for the specified levies.
Scope and Application
The Meat Chicken Levy Regulations (Amendment) 1993 No. 97 applies to industry contributions for exotic disease purposes as mandated by the Australian Meat and Livestock Corporation Act 1977, Australian Wool Corporation Act 1991, Dairy Produce Levy (No. 1) Act 1986, Laying Chicken Levy Act 1988, Meat Chicken Levy Act 1969, and Pig Slaughter Levy Act 1971. The legislation targets industry contributions from cattle, calves, wool, dairy produce, laying chickens, meat chickens, and pigs, primarily focusing on the poultry and livestock sectors within Australia. The regulations are applicable nationally, and the contributions are to be made by industry participants within the specified sectors. The rates of contribution are determined by the recommendations of the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and approved by the Minister for Primary Industries and Energy. The proposed regulations will commence on 1 July 1993, with the recommended rates set out in the attached table. Subordinate instruments may further extend or restrict the application of these regulations by detailing specific operational requirements or exemptions.
Key Provisions
The Meat Chicken Levy Regulations (Amendment) 1993 No. 97, under the Meat Chicken Levy Act 1969 (section 11), establish a levy on meat chicken producers to support the Exotic Animal Disease Preparedness Consultative Council (EXANDIS). The primary requirement of this regulation is to set the levy rates for the financial year 1993-94. The Governor-General is mandated to consider recommendations from EXANDIS members nominated by the National Farmers' Federation (NFF) before setting these rates. The regulations propose a levy of 0.018 cents per kilogram of meat chicken, with a maximum rate of 0.05 cents per kilogram as specified in the Act.
These regulations impose specific obligations on meat chicken producers to contribute to the EXANDIS fund. Producers must comply with the prescribed levy rates and ensure timely payment to support disease preparedness and eradication efforts. The compliance mechanism involves submitting financial contributions as outlined in the regulations, which are designed to ensure adequate funding for EXANDIS activities. Failure to adhere to these requirements may result in non-compliance penalties.
Any breaches of these regulations may lead to civil and criminal consequences. The regulations do not explicitly state penalties; however, general legislative frameworks suggest that non-compliance could result in fines and potential legal action. The exact penalties would be determined under relevant Acts, such as the Meat Chicken Levy Act 1969, where the maximum penalty for non-compliance with levy regulations could include fines commensurate with the severity and impact of the breach.