Pig Slaughter Levy Act 1971

Legislation au C1971A00028 Not in force Act

Legislation content

 

Pig Slaughter Levy Act 1971

Act No. 28 of 1971 as amended

Consolidated as in force on

(includes amendments up to Act No.

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................2

2 Commencement [see Note 1]........................2

4 Interpretation.................................2

5 Imposition of levy..............................3

6 Rate of the levy................................3

7 By whom levy payable...........................4

8 Regulations..................................4

 

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 An Act to impose a Levy on the Slaughter of certain Pigs

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1  Short title [see Note 1]

This Act may be cited as the Pig Slaughter Levy Act 1971.

2  Commencement [see Note 1]

This Act shall come into operation on a date to be fixed by Proclamation.

4  Interpretation

 (1) In this Act, unless the contrary intention appears:

AAHC means the Australian Animal Health Council Limited, A.C.N. 071-890-956.

Corporation means the Australian Pork Corporation referred to in the Pig Industry Act 1986;

levy means an amount of the levy;

 R&D authority means:

 (a) where the levy is not attached to an R & D Corporation or R & D Fund under section 5 of the Primary Industries and Energy Research and Development Act 1989—the Pig Research Council established under subsection 11(1) of the Rural Industries Research Act 1985; or

 (b) where the levy is attached to an R & D Corporation under section 5 of the Primary Industries and Energy Research and Development Act 1989—the R & D Corporation; or

 (c) where the levy is attached to an R & D Fund under section 5 of that Act—the R & D Council in respect of which the R & D Fund is established under that Act;

R&D Corporation has the same meaning as in the Primary Industries and Energy Research and Development Act 1989;

R&D Council has the same meaning as in the  Primary Industries and Energy Research and Development Act 1989;

R&D Fund has the same meaning as in the  Primary Industries and Energy Research and Development Act 1989;

the levy means the levy imposed by this Act.

 (2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

5  Imposition of levy

A levy is imposed on the slaughter at an abattoir of pigs for sale for human consumption, whether or not the carcasses are subsequently used for human consumption.

6  Rate of the levy

 (1) The rate of the levy in respect of pigs slaughtered on or after 1 July 1975 is an amount in respect of each pig slaughtered equal to the aggregate of:

 (a) such amount (not exceeding $1) as is prescribed for the purposes of this paragraph;

 (b) such amount (not exceeding $2.50) as is prescribed for the purposes of this paragraph; and

 (c) such amount, not more than 50 cents, as is prescribed (for the purpose of payment to the AAHC).

 (2) Before making regulations prescribing an amount for the purposes of paragraph (a) of subsection (1), the Governor-General shall take into consideration any recommendation with respect to the amount to be prescribed for the purposes of that paragraph made to the Minister by the R & D authority, and regulations shall not be made prescribing an amount for the purposes of that paragraph that is greater than the amount last recommended by that authority to the Minister.

 (3) Before making regulations prescribing an amount for the purposes of paragraph (b) of subsection (1), the Governor-General shall take into consideration any recommendation with respect to the amount to be prescribed for the purposes of that paragraph made to the Minister by the Corporation, and regulations shall not be made prescribing an amount for the purposes of that paragraph that is greater than the amount last recommended by the Corporation to the Minister.

 (4) If a declaration is in force under subsection (5), the GovernorGeneral must, before making regulations prescribing an amount for the purpose of paragraph (1)(c), take into consideration any recommendations about the amount to be prescribed made to the Minister by the body specified in the declaration. The regulations must not prescribe an amount greater than the amount last recommended to the Minister by the body specified in the declaration.

 (5) The Minister may, by notice published in the Gazette, declare a body specified in the notice to be the body representing the Australian pig slaughter industry for the purposes of this section.

7  By whom levy payable

Levy on the slaughter of a pig is payable by the producer.

8  Regulations

The Governor-General may make regulations for the purpose of section 6.

 

NOTE

1.  The Pig Slaughter Levy Act 1971  as shown in this reprint comprises Act No. 28, 1971 amended as indicated in the tables below.

Table of Acts

 

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

 

Pig Slaughter Levy Act 1971

28, 1971

17 May 1971

1 Aug 1971 (see Gazette 1971, p. 5045)

 

Pig Slaughter Levy Act 1975

45, 1975

4 June 1975

4 June 1975

S. 4(2)

Pig Slaughter Levy Amendment Act 1978

111, 1978

21 Sept 1978

21 Sept 1978

Pig Slaughter Levy Amendment Act 1981

51, 1981

25 May 1981

22 June 1981

Statute Law Revision Act 1981

61, 1981

12 June 1981

S. 115: Royal Assent (a)

Pig Meat Legislation Amendment Act 1984

56, 1984

25 June 1984

1 July 1984

S. 19(1) and (4)

Rural Industries Research (Transitional Provisions and Consequential Amendments) Act 1985

103, 1985

3 Oct 1985

3 Oct 1985

Ss. 2(2) and 4-10

Pig Slaughter Levy Amendment Act 1986

25, 1986

13 May 1986

13 May 1986

Pig Slaughter Levy Amendment Act (No. 2) 1986

159, 1986

18 Dec 1986

1 Aug 1987 (see s. 2 and Gazette 1987, No. S194)

Pig Slaughter Levy Amendment Act 1989

134, 1989

7 Nov 1989

1 Jan 1990 (see
s. 2)

Primary Industries and Energy Research and Development Act 1989

17, 1990

17 Jan 1990

Ss. 9, 26(2), 31(2), 36(2), 39(2), Part 3 (ss. 92-121), s. 156 and Schedule 1: 1 July 1990
Remainder: Royal Assent

Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991

26, 1991

1 Mar 1991

1 July 1991 (see s. 2)

Pig Slaughter Levy Amendment Act 1991

36, 1991

21 Mar 1991

21 Mar 1991

 

Pig Slaughter Levy Amendment (AAHC) Act 1996

53, 1996

25 Oct 1996

25 Oct 1996

(a) The Pig Slaughter Levy Act 1971 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2 (1) of which provides as follows:

 “(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.”

Table of Amendments

 

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

 

Provision affected

How affected

S. 3 ....................

rep. No. 26, 1991

S. 4 ....................

am. No. 45, 1975; No. 61, 1981; No. 56, 1984; No. 103, 1985; No. 159, 1986; No. 17, 1990; No. 26, 1991; No. 53, 1996

S. 6 ....................

rs. No. 45, 1975

 

am. No. 111, 1978; No. 51, 1981; No. 103, 1985; Nos. 25 and 159, 1986; No. 134, 1989; No. 17, 1990; No. 36, 1991; No. 53, 1996 

S. 7 ....................

am. No. 26, 1991

S. 8 ....................

am. No. 45, 1975 

 

 

 

 

Overview

The Pig Slaughter Levy Act 1971 was enacted by the Australian Parliament to address the need for funding in the pork industry for research and development. The Act was introduced to impose a levy on the slaughter of pigs at abattoirs for sale for human consumption. The primary objective of the Act was to raise funds for the Australian pork industry, specifically for research and development purposes, through the imposition of a levy on pig slaughter. This Act allows the Australian Government to collect funds from the pig industry to support research initiatives aimed at improving the industry's efficiency, sustainability, and competitiveness. The Act was amended several times since its enactment to adjust the levy rates and to account for changes in industry structures. The levy is payable by the producer of the pigs and the rates are determined by the Governor-General, taking into consideration recommendations from relevant industry bodies. The policy objective of the Act is to ensure the continued growth and development of the Australian pork industry by providing the necessary funding for research and development activities.

Scope and Application

The Pig Slaughter Levy Act 1971 imposes a levy on the slaughter of pigs at an abattoir for sale for human consumption, whether or not the carcasses are subsequently used for human consumption. This Act applies to producers who slaughter pigs for commercial purposes within Australia. The levy is payable by the producer and the rate is determined by regulations made by the Governor-General, taking into consideration recommendations from relevant authorities. The Act provides for the imposition of a levy on the slaughter of pigs, with the rate of the levy being set by regulations. These regulations must consider recommendations from the Australian Animal Health Council and the Australian Pork Corporation, among others. The Act extends its application through subordinate instruments, allowing for the adjustment of the levy rate and other relevant provisions. There are no stated exclusions, exemptions, or thresholds within the primary Act itself, though specific details and exceptions may be addressed in the subordinate regulations. The Act's jurisdiction is national, applying across Australia, and it was last amended in 1996 to include provisions related to the Australian Animal Health Council.

Key Provisions

The Pig Slaughter Levy Act 1971 (C1971A00028) establishes a levy on the slaughter of certain pigs for human consumption. Section 5 states that a levy is imposed on pigs slaughtered at an abattoir for sale for human consumption. Section 6 details the rate of the levy, which is an amount for each pig slaughtered, consisting of several prescribed components. The Governor-General is required to consider recommendations from relevant authorities, such as the Pig Research Council or the Australian Pork Corporation, before setting the rate of the levy through regulations. Additionally, the Minister has the authority to declare a specific body as the representative of the Australian pig slaughter industry, influencing the recommendations considered for levy rates. The Act imposes several obligations on parties involved in pig slaughter. Producers of pigs are primarily responsible for paying the levy, as stipulated in Section 7. The levy is payable by the producer, meaning they must ensure the levy is paid when slaughtering pigs at an abattoir. The Australian Pork Corporation and other relevant authorities play a role in providing recommendations for the levy rate, which the Governor-General must consider when making regulations. These regulations are detailed in Section 8, which empowers the Governor-General to make rules necessary for implementing the provisions of the Act. Breaches of the Act may lead to civil or criminal consequences, although the specific penalties are not detailed within the provided text. Generally, non-compliance with the requirements to pay the levy or failure to adhere to the regulations set forth could result in fines or other penalties as prescribed by the relevant authorities or as determined by a court of law. The maximum penalties, if any, would depend on the specifics of the breach and the provisions of other applicable laws.

Legal classification tags

Area of Law
Animal Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Offence Provisions
Compliance Obligations

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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.