EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 238
Issued by the Authority of the Minister for Primary Industry
MEAT EXPORT CHARGE ACT 1984
MEAT EXPORT CHARGE REGULATIONS (AMENDMENT)
The Meat Export Charge Act 1984 (the Act) empowers the Governor-General to make regulations prescribing the manner of determining the weight of meat.
Sub-section 7(2) of the Act provides that the way in which the weight of meat (to which the meat export charge applies) shall be determined shall be subject to any provision of the regulations that relates to the manner in which the weight of meat shall be determined.
Regulation 8 of the Meat Export Charge Regulations provides for the weight of meat of a carcase (or portion of a carcase) from which none of the bone has been removed to be deemed to be 66% of the weight of the carcase (or portion) in the case of cattle (except for veal), buffaloes or horses, and 50% in the case of other meat.
Export markets have been established for deer meat and it has been decided to impose a meat export charge on deer meat slaughtered at a registered establishment, like that imposed on cattle, as the boneless meat-yield for deer meat is comparable to that for cattle and other large live-stock.
The regulation amends sub-regulation 8(a) of the Meat Export Charge Regulations to deem the weight of meat of a deer carcase (or portion of a deer carcase) from which none of the bone has been removed to include a reference to deer which will be 66% of the total weight of that deer carcase or portion.
Overview
The Meat Export Charge Regulations (Amendment) under the Meat Export Charge Act 1984 were issued to address the need to impose a meat export charge on deer meat, aligning it with the charges applied to other types of meat such as cattle, buffaloes, and horses. The 1984 Act authorises the Governor-General to enact regulations that determine the weight of meat to which the meat export charge applies. Regulation 8 of the Meat Export Charge Regulations previously specified the weight percentages for boneless meat from cattle, buffaloes, horses, and other meats, but did not include deer. With the establishment of export markets for deer meat, it was necessary to adjust the regulations to include deer, ensuring a consistent application of the meat export charge. This amendment aims to standardise the weight determination for deer meat, deeming it to be 66% of the total weight of the deer carcase or portion, similar to the percentage applied to cattle, buffaloes, and horses. This regulatory change ensures that the meat export charge is fairly and uniformly applied across all types of meat exported from Australia.
Scope and Application
The Meat Export Charge Act 1984 applies to entities involved in the export of meat from Australia, specifically targeting those who would be subject to a meat export charge. The Act pertains to the determination of the weight of meat to which such a charge applies, and its scope extends to regulating how this weight is assessed. The Act's jurisdiction covers the entire Commonwealth of Australia, with its provisions enforced through the regulations that it empowers. The recently amended Meat Export Charge Regulations extend the scope of the Act to include deer meat, aligning the charge imposed on deer with that of cattle, buffaloes, and horses. Regulation 8(a) has been updated to include deer, setting the boneless meat-yield at 66% of the deer carcase weight. These regulations are made under the authority granted by the Act and serve to refine and extend its application. There are no explicit exclusions or exemptions mentioned in the provided text, but the application of the charge is contingent upon the meat being exported and the specific weight determinations set out in the regulations.
Key Provisions
The Meat Export Charge Regulations (Amendment) under the Meat Export Charge Act 1984 introduce modifications to the way the weight of meat is determined for the purpose of imposing a meat export charge. Specifically, section 7(2) of the Act allows for the Governor-General to set regulations concerning the weight determination method, which can be further detailed in the Meat Export Charge Regulations. Regulation 8, which previously specified the weight determination for cattle, buffaloes, horses, and other meats, is amended to include deer. This amendment ensures that the weight of meat from a deer carcase, from which none of the bone has been removed, is deemed to be 66% of the total weight of that carcase or portion, aligning with the percentage used for cattle.
Under these regulations, the amended sub-regulation 8(a) now includes deer in the list of livestock for which the boneless meat-yield is considered to be 66% of the total weight of the carcase. This change reflects the establishment of export markets for deer meat and the comparable boneless meat-yield to that of cattle. The amendment is aimed at applying a consistent meat export charge across similar types of meat, ensuring fairness and consistency in the application of the charge. The regulations provide a clear method for calculating the weight of meat for charge purposes, which is crucial for compliance by meat processors and exporters.
The Meat Export Charge Regulations (Amendment) impose specific obligations on meat processors and exporters. They must now determine the weight of deer meat in accordance with the amended sub-regulation 8(a), which requires them to calculate the boneless meat weight as 66% of the total weight of the deer carcase or portion. This obligation extends to accurately recording and reporting the weight of deer meat for the purpose of applying the meat export charge. Failure to comply with these regulations may result in non-compliance with the Act, potentially leading to penalties or other legal consequences.
Breaches of the Meat Export Charge Regulations (Amendment) can result in both civil and criminal penalties. While the specific penalties are not detailed within the explanatory statement, the overarching Meat Export Charge Act 1984 does provide a framework for imposing penalties for non-compliance. Generally, penalties may include fines or other civil sanctions for regulatory breaches and more severe penalties, including imprisonment, for serious or repeated violations. The exact penalties would depend on the nature and severity of the breach, as well as any relevant guidelines or precedents set by courts in interpreting the Act and its regulations. Compliance with these regulations is essential to avoid legal repercussions and ensure the smooth operation of meat export activities.