Pig Slaughter Levy Regulations (Amendment)

Overview

The Pig Slaughter Levy Regulations 2 (Amendment) Statutory Rules 1981 No. 284, enacted in 1981, were introduced to amend the Pig Slaughter Levy Regulations 1975 under the Pig Slaughter Levy Act 1971. This legislative instrument was necessitated by the need to adjust the prescribed amount for the levy on pig slaughter, which was recommended by the Promotion Committee. The Act was designed to ensure that any proposed changes to the levy amount were in line with the recommendations made by the Promotion Committee, thereby maintaining a systematic and consultative approach to the regulation of pig slaughter levies. The Governor-General, acting on advice from the Federal Executive Council, made these regulations to reflect the latest recommendations from the Committee, which at the time was 60 cents. These regulations were designed to address the gap in the previous levy amount, which was set at 20 cents, by updating it to the most recent recommendation, thereby ensuring that the levy remains current and effective.

Scope and Application

The Pig Slaughter Levy Regulations 1981, as amended, apply to the regulation of the Pig Slaughter Levy imposed under the Pig Slaughter Levy Act 1971. The Act primarily applies to entities involved in the pig slaughter industry within Australia, including pig producers, slaughterers, and processors, as well as to the transactions and conduct related to pig slaughter. The regulations are of national jurisdiction, operating throughout the Commonwealth of Australia. The primary focus of the Act is to levy a charge on pigs slaughtered for human consumption, with the funds collected being used for the promotion and development of the pig industry. The statutory instrument specifies the prescribed amount for the levy, which is set at 60 cents per pig as per the latest recommendation of the Promotion Committee. This legislative instrument also extends its application through subordinate instruments, ensuring that the levy amount is periodically reviewed and adjusted as recommended by the Promotion Committee to the Minister, with the final decision resting with the Governor-General.

Key Provisions

The main operative sections of the Statutory Rules 1981 No. 2841, known as the Pig Slaughter Levy Regulations (Amendment), relate to the amendment of the prescribed amount for the purposes of the Pig Slaughter Levy Act 1971. Specifically, Regulation 4 of the Pig Slaughter Levy Regulations is amended by substituting "60" for "20" (Regulation 2). This change pertains to the amount prescribed for the purposes of paragraph 6(1)(b) of the Act. The Regulations were made in consideration of the recommendation by the Promotion Committee, which suggested an amount of 60 cents for the pig slaughter levy. These Regulations impose specific obligations on the parties governed by them. The Governor-General, acting with the advice of the Federal Executive Council, must take into account the recommendations made by the Promotion Committee regarding the prescribed amount for the pig slaughter levy. The Regulations are designed to ensure that the amount prescribed does not exceed the amount last recommended by the Promotion Committee. Furthermore, the Regulations must be implemented in accordance with the provisions of the Pig Slaughter Levy Act 1971, and any changes must be notified in the Commonwealth of Australia Gazette. The Regulations also outline the consequences of any breach of the provisions. While the Regulations themselves do not specify explicit offences, penalties, or consequences for breach, such matters are governed by the Pig Slaughter Levy Act 1971. Under the Act, breaches may result in civil or criminal penalties as prescribed by law. The maximum penalties for offences under the Act could include fines and, in some cases, imprisonment, depending on the nature and severity of the breach. The exact penalties would be determined by the courts based on the specific circumstances of each case.