Pig Meat Promotion Act 1975

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PIG MEAT PROMOTION ACT 1975

No. 48 of 1975

An Act to establish a Pig Meat Promotion Trust Account and for purposes connected therewith.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: —

Short title.

1. This Act may be cited as the Pig Meat Promotion Act 1975.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. In this Act, unless the contrary intention appears—

“Committee” means the Pig Meat Promotion Advisory Committee;

“levy” has the same meaning as in the Levy Act;

“Levy Act” means the Pig Slaughter Levy Act 1971-1975;

“Levy Collection Act” means the Pig Slaughter Levy Collection Act 1971-1975;

“member” means a member of the Committee;

“nominated member” means a member referred to in paragraph 9(1)(a);

“promotion” means the taking of any action, whether in Australia or overseas, that, in the opinion of the Committee, is likely to promote the sale or consumption of Australian pig meat, and includes the study of, and the dissemination of information or advice on, markets, or potential markets, for pig meat;

“Promotion Account” means the Pig Meat Promotion Trust Account.

Pig Meat Promotion Trust Account.

4. (1) An account is hereby established to be known as the Pig Meat Promotion Trust Account.

(2) The Promotion Account is a Trust Account for the purposes of section 62a of the Audit Act 1901-1973.

Moneys to be paid into Promotion Account.

5. (1) There shall be paid into the Promotion Account, out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to the prescribed proportion of the amounts from time to time received by Australia as levy, discharge of the liability of a person under sub-section 6(1) of the Levy Collection Act or as penalties under section 7 of the Levy Collection Act, being amounts received in respect of pigs slaughtered on or after 1 July 1975.

(2) For the purposes of sub-section (1), the prescribed proportion, in relation to amounts from time to time received by Australia, being amounts in respect of pigs slaughtered during a period, is the proportion that the amount prescribed for the purposes of paragraph 6(1)(b) of the Levy Act in respect of that period bears to the aggregate of that amount and the amount prescribed for the purposes of paragraph 6(1)(a) of that Act in respect of that period.

(3) There shall be paid into the Promotion Account—

(a) moneys paid by any person to Australia for the purposes of the Promotion Account;

(b) moneys received by Australia from the sale of any land or goods bought, or in respect of any work paid for, out of moneys paid out of the Promotion Account; and

Application of the Promotion Account.

6. (1) Subject to sub-section (2), moneys standing to the credit of the Promotion Account may be expended—

(a) with the approval of the Minister, for the purpose of promotion;

(b) in payment of the expenses incurred by the Committee in the performance of its functions;

(d) in payment of remuneration and allowances payable to a person appointed as an adviser to the Committee under section 15.

(2) Sub-section (1), in so far as it relates to the payment of remuneration and allowances payable to a member or the deputy of a member, operates notwithstanding the Remuneration Tribunals Act 1973-1974.

(3) The Minister shall not exercise his power to approve the expenditure of moneys from the Promotion Account for the purposes referred to in paragraph (1)(a) except in accordance with recommendations of the Committee.

Agreements for promotion.

7. (1) The Minister, or an officer of the Australian Public Service authorized by the Minister to act under this section, may, on behalf of Australia, enter into agreements for the purposes of, or for purposes in connexion with, any promotion or other matter or thing to be done or performed with moneys provided in whole or in part out of the Promotion Account.

(2) Without limiting the generality of sub-section (1), an agreement made with a person under that sub-section in relation to moneys provided out of the Promotion Account may—

(a) provide for the moneys to which the agreement relates and any property acquired with those moneys or with moneys that include those moneys to be used only for purposes specified in the agreement and for the payment by the person to Australia for the purposes of the Promotion Account, in the event of any of those moneys or any of that property being used for a purpose not specified in the agreement, of an amount equal to the whole, or such part as the Minister determines, of those moneys;

(b) provide for the payment by the person to Australia for the purposes of the Promotion Account of an amount equal to the whole, or such part as the Minister determines, of any net income derived by the person from property acquired with moneys to which the agreement relates or with moneys that include those moneys or for the assignment by the person to Australia of any property so acquired; and

(c) provide for the payment by the person to Australia for the purposes of the Promotion Account, in the event of the disposal otherwise than to Australia of any property of a kind referred to in paragraph (b), of an amount equal to the whole, or such part as the Minister determines—

(i) in the case of a disposal by way of sale or assignment for value—of the net proceeds of the sale or assignment; and

(ii) in any other case—of the value of the property as determined by the Minister.

Pig Meat Promotion Advisory Committee.

8. (1) For the purposes of this Act, there shall be a Pig Meat Promotion Advisory Committee.

(2) The functions of the Committee are to make recommendations to the Minister with respect to—

(a) the amounts to be prescribed from time to time for the purposes of paragraph 6 (1) (b) of the Levy Act; and

(b) the expenditure of moneys standing to the credit of the Promotion Account.

Constitution of Committee.

9. (1) The Committee shall consist of—

(a) 2 members to represent the organization known as the Australian Commercial Pig Producers Federation;

(b) a member to represent the Department of Agriculture; and

(2) The members of the Committee—

(a) shall be appointed by the Minister;

(b) hold office, subject to this Act, for a period of 3 years; and

(3) A nominated member shall be appointed on the nomination of the Australian Commercial Pig Producers Federation.

(4) If the place of a nominated member becomes vacant before the expiration of the term for which he was appointed, the Minister may appoint a person nominated in accordance with sub-section (3) to hold the vacant place for the remainder of that term.

(5) The appointment of a nominated member is not invalidated and shall not be called in question by reason of a defect or irregularity in connexion with his nomination.

Chairman of Committee.

10. The member representing the Department of Agriculture is the Chairman of the Committee.

Deputies of members.

11. (1) A member may, by notice in writing to the Minister, appoint a person to be his deputy.

(2) A member may, by notice in writing to the Minister, revoke the appointment of a person as his deputy.

(3) The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Committee, to attend that meeting, and, when so attending, shall be deemed to be a member and, if he is the deputy of the Chairman of the Committee, shall be deemed to be the Chairman.

Removal and resignation of members and deputies.

12. (1) The Minister may remove a member or the deputy of a member from office for incapacity, incompetence or misbehaviour.

(2) The Minister may, at the request of the Australian Commercial Pig Producers Federation, terminate the appointment of a nominated member.

(3) A member or the deputy of a member may resign his office by writing under his hand delivered to the Minister.

Voting at meetings.

13. At a meeting of the Committee—

(a) the Chairman of the Committee shall preside;

(b) all questions shall be decided by a majority of votes of the members present and voting; and

Remuneration, &c.

14. (1) A member or the deputy of a member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.

(2) A member or the deputy of a member shall be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973-1974.

(4) If a member or the deputy of a member is also a member of the Parliament of Australia or of a State, he shall not be paid remuneration or allowances under sub-section (1) or (2) but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Committee or, in the case of a member, of his engagement (whether in Australia or overseas), with the approval of the Committee, on business of the Committee.

Appointment of advisers.

15. (1) The Minister may, upon the recommendation of the Committee, appoint persons to advise the Committee in relation to any purpose in respect of which moneys may be expended from the Promotion Account.

(2) A person appointed under sub-section (1) shall be paid such fees, expenses and allowances (if any) as are prescribed.

Annual report.

16. The Committee shall, as soon as practicable after the end of each financial year, make a report to the Minister on the operation of this Act during that year and the Minister shall cause the report to be laid before each House of the Parliament.

Regulations.

17. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Overview

The Pig Meat Promotion Act 1975 was enacted to address the need for a structured approach to the promotion of Australian pig meat, both domestically and internationally. This Act was introduced by the Australian Parliament to establish the Pig Meat Promotion Trust Account, which serves as a financial resource for activities aimed at increasing the sale and consumption of Australian pig meat. The overarching policy objective of the Act is to enhance the marketability and demand for Australian pig meat through strategic promotional activities, as overseen by the Pig Meat Promotion Advisory Committee. This committee is tasked with making recommendations to the Minister regarding the allocation of funds from the Promotion Account and the prescription of amounts to be collected as part of the pig slaughter levy. The Act also provides for the collection of funds into the Promotion Account from various sources, including levies, penalties, and other contributions, and specifies the permissible uses of these funds, including promotional activities, administrative expenses, and the remuneration of committee members and advisers. Through the establishment of this legislative framework, the Act aims to ensure a coordinated and effective approach to the promotion of Australian pig meat, leveraging both government and industry inputs.

Scope and Application

The Pig Meat Promotion Act 1975 applies to the establishment and management of the Pig Meat Promotion Trust Account and its associated activities. The Act primarily targets the pig meat industry in Australia, involving entities such as pig producers, the Department of Agriculture, and the Pig Meat Promotion Advisory Committee. It includes provisions for the collection and allocation of funds derived from pig slaughter levies, with the primary aim of promoting the sale and consumption of Australian pig meat. The Act’s geographic reach is national, applying throughout Australia. The Act does not explicitly outline exclusions or exemptions, but its provisions are designed to support the industry through promotion efforts and administrative oversight. The Act also allows for the creation of subordinate instruments, such as regulations, to further define and implement the provisions of the Act.

Key Provisions

The Pig Meat Promotion Act 1975 (section 4) establishes a Pig Meat Promotion Trust Account, referred to as the Promotion Account, which serves as a financial resource for promoting the sale and consumption of Australian pig meat. This account functions as a trust under the Audit Act 1901-1973. The Act mandates that moneys derived from the pig slaughter levy, penalties, and other prescribed amounts be deposited into the Promotion Account (section 5). The account also receives payments from individuals, sale of land or goods, and interest from investments. The Promotion Account is to be used for specific purposes, including promotional activities, committee expenses, member remuneration, and adviser allowances, all subject to ministerial approval (section 6). The Minister is required to follow the recommendations of the Pig Meat Promotion Advisory Committee when approving expenditures for promotional activities. The Minister, or an authorised officer, can enter into agreements for promotional purposes using funds from the Promotion Account, ensuring that the funds are used as specified and that any net income or property acquired is returned to the Promotion Account if misused (section 7). The Pig Meat Promotion Advisory Committee, established under section 8, is responsible for making recommendations to the Minister on the amounts to be prescribed for the Levy Act and the expenditure of moneys from the Promotion Account. The Committee comprises representatives from the Australian Commercial Pig Producers Federation, the Department of Agriculture, and a marketing expert. Members are appointed by the Minister and hold office for three years, with eligibility for reappointment. The Committee's Chairman is the member representing the Department of Agriculture, and members can appoint deputies to attend meetings in their absence (section 9-11). The Minister has the authority to remove members or deputies for incapacity, incompetence, or misbehaviour, and members can resign by submitting a written notice to the Minister (section 12). The Act imposes certain obligations and requirements on the parties involved. Members of the Committee are expected to make recommendations on the use of funds from the Promotion Account and the amounts to be prescribed for the Levy Act. The Minister is required to follow these recommendations when approving expenditure for promotional activities. The Committee is mandated to submit an annual report to the Minister, who then presents this report to Parliament. Failure to comply with these obligations could result in inefficiencies in the promotion of Australian pig meat and potential legislative scrutiny. Breaches of the Act may result in civil and criminal consequences. While the Act does not explicitly detail specific offences or penalties, the general legal framework allows for enforcement actions against non-compliance. For instance, misuse of funds from the Promotion Account could lead to legal action under the Audit Act 1901-1973. Additionally, failure to remit funds to the Promotion Account as required could result in penalties under the Levy Collection Act. The Act provides a structure within which these consequences can be applied, ensuring that the objectives of promoting Australian pig meat are met effectively and transparently.

Area of Law: Commercial Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Reporting & Disclosure Obligations; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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