Pig Slaughter Levy Amendment Act 1989
No. 134 of 1989
An Act to amend the Pig Slaughter Levy Act 1971
[Assented to 7 November 1989]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title etc.
1. (1) This Act may be cited as the Pig Slaughter Levy Amendment Act 1989.
(2) In this Act, “Principal Act” means the Pig Slaughter Levy Act 19711.
Commencement
2. (1) In this section:
“month” means one of the months of a calendar year.
(2) This Act commences:
(a) if the Exotic Animal Disease Control Act 1989 commences on the first day of a month—on the first day after the end of that month; or
(b) if paragraph (a) does not apply—on the first day after the end of the month next following the month in which that Act commences.
Rate of levy
3. Section 6 of the Principal Act is amended:
(a) by omitting from paragraph (1) (a) “and”;
(b) by adding at the end of subsection (1) the following word and paragraph:
“; and (c) such amount (not exceeding 1.5 cents) as is prescribed for the purposes of this paragraph.”;
(c) by adding at the end the following subsections:
“(4) Before making regulations prescribing an amount for the purposes of paragraph (1) (c), 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 members of the Exotic Animal Disease Preparedness Consultative Council (being the Council established by the Exotic Animal Disease Control Act 1989) nominated by the National Farmers’ Federation and regulations shall not be made prescribing an amount for the purposes of that paragraph that is greater than the amount last recommended by those members to the Minister.
“(5) Paragraph (1) (c) and subsection (4), unless sooner repealed, shall cease to have effect at the end of 30 June 1995.”.
NOTE
1. No. 28, 1971, as amended. For previous amendments, see No. 45, 1975; No. 37, 1976; No. 111, 1978; Nos. 51 and 61, 1981; No. 56, 1984; No. 103, 1985; and Nos. 25 and 159, 1986.
[Minister’s second reading speech made in—
House of Representatives on 24 May 1989
Senate on 26 October 1989]
Overview
The Pig Slaughter Levy Amendment Act 1989 was enacted to address the need for modifications to the existing Pig Slaughter Levy Act 1971, particularly in the context of the new Exotic Animal Disease Control Act 1989. This legislation was introduced by the Commonwealth of Australia, passed by its Parliament, and assented to on 7 November 1989. The primary objective of this amendment was to incorporate a new levy rate, specifically a maximum of 1.5 cents, which would be subject to recommendations from the Exotic Animal Disease Preparedness Consultative Council. The new levy rate was designed to align with the provisions of the Exotic Animal Disease Control Act 1989 and would cease to have effect by 30 June 1995 unless otherwise repealed.
Scope and Application
The Pig Slaughter Levy Amendment Act 1989 is a legislative amendment to the Pig Slaughter Levy Act 1971, designed to adjust the rate of levy applicable to pig slaughter in Australia. This Act applies to entities involved in the pig slaughter industry, particularly those subject to the levy as stipulated in the Principal Act. The geographic reach of this amendment is national, affecting all pig slaughter activities across Australia, which is within the Commonwealth jurisdiction. The Act specifies a new levy rate, up to a maximum of 1.5 cents per pig slaughtered, subject to the recommendations of the Exotic Animal Disease Preparedness Consultative Council established under the Exotic Animal Disease Control Act 1989. The Governor-General is mandated to consider these recommendations when prescribing the levy amount, and the regulations cannot exceed the last recommendation made by the Council members. Additionally, this amendment includes a sunset clause, rendering sections 1(1)(c) and 1(4) ineffective after 30 June 1995, unless repealed sooner. The Act does not specify any exclusions or exemptions to its application, nor does it detail extensions or restrictions through subordinate instruments.
Key Provisions
The Pig Slaughter Levy Amendment Act 1989 amends the Pig Slaughter Levy Act 1971. It introduces new provisions regarding the rate of levy imposed on pig slaughter. Section 3 of the Act amends Section 6 of the Principal Act, introducing a new levy amount not exceeding 1.5 cents, prescribed for specific purposes. The Governor-General must consider any recommendations made by the Exotic Animal Disease Preparedness Consultative Council, established under the Exotic Animal Disease Control Act 1989, and nominated by the National Farmers’ Federation, before prescribing this amount. The regulations prescribing this amount cannot exceed the last recommendation made by these council members to the Minister. These provisions are set to cease on 30 June 1995, unless repealed sooner.
The Act imposes obligations on the Governor-General to consider recommendations from the Exotic Animal Disease Preparedness Consultative Council before prescribing the levy amount. The council members, nominated by the National Farmers’ Federation, must provide their recommendations to the Minister, and these recommendations must be taken into account by the Governor-General. Additionally, the Act requires that the prescribed amount not exceed the last recommendation made by the council members to the Minister. These obligations ensure that the prescribed levy amount is based on considered recommendations and does not exceed the last recommended amount.
Failure to comply with the provisions of the Act may lead to various consequences. Although the Act does not explicitly state offences, penalties, or consequences for breach, it is implied that non-compliance with the prescribed regulations could result in legal repercussions. The prescribed levy amount must not exceed the last recommendation made by the council members to the Minister, and any regulations prescribing an amount higher than this recommendation would be invalid. Additionally, the Act's provisions are set to cease on 30 June 1995, unless repealed sooner, which may have implications for ongoing compliance and enforcement of the levy.