Pig Slaughter Levy Regulations (Amendment)

Legislation au C2004L00393 Regulations Not in force Legislative Instrument

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Pig Slaughter Levy Regulations (Amendment) 1991 No. 104

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 104

Issued by Authority of the Minister of State for Primary Industries and Energy

Australian Meat & Live-stock Corporation Act 1977

Australian Meat & Live-stock Corporation Regulations (Amendment)

Dairy Produce Levy (No. 1) Act 1986

Dairy Produce Levy Regulations (Amendment)

Laying Chicken Levy Act 1988

Laying Chicken Levy Regulations (Amendment)

Live-stock Slaughter Levy Act 1964

Live-stock Slaughter Levy Regulations (Amendment)

Meat Chicken Levy Act 1969

Meat Chicken Levy Regulations (Amendment)

Pig Slaughter Levy Act 1971

Pig Slaughter Levy Regulations (Amendment)

Wool Marketing Act 1987

Wool Marketing Regulations (Amendment)

Relevant sections of the above Acts provide that the Governor-General may make regulations for the purposes of the Acts and, in particular, provide for a levy (or payment in the case of cattle and wool) for exotic disease purposes and also (in the case of pigs) for the financing of the Pig Research and Development Corporation and the Australian Pork Corporation. Relevant sections are as follows:

section 52 of the Australian Meat & Live-stock Corporation Act 1977

section 14 of the Dairy Produce Levy (No. 1) Act 1986

section 9 of the Laying Chicken Levy Act 1988

section 8 of the Live-stock Slaughter Levy Act 1964

section 11 of the Meat Chicken Levy Act 1969

section 8 of the Pig Slaughter Levy Act 1971

section 127 of the Wool Marketing Act 1987.

The Exotic Animal Disease Control Act 1989 establishes the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and provides financial assistance for purposes related to the control and eradication of exotic animal diseases.

The financial assistance is provided through a trust account which receives annual industry contributions of approximately $750,000 with expenditure of industry contributions from the account being matched on a dollar-for-dollar basis up to a maximum of $750,000 by the Commonwealth.

It is necessary to prescribe by regulation the operative exotic disease levy rates for 1991-92. The Acts provide that before making regulations prescribing such rates, the Governor-General shall take into consideration any recommendations made to the Minister by those members of EXANDIS nominated by the National Farmers' Federation (NFF) and regulations shall not be made prescribing a rate that is greater than the rate last recommended.

The attached table shows the section of each Act relevant to exotic disease levy, the amount of each proposed levy/payment as recommended by the NFF members and the maximum rates as specified in the relevant levy Acts.

With regard to the Laying Chicken Levy Regulations (Amendment), this is the first year of operation of the proposed exotic disease levy for laying chickens. As a result, it is necessary to prescribe 5.75 cents (paragraph 7(a) of the relevant Act) for research and development purposes which is unchanged from the previous year and 0.0025 cent for exotic disease purposes (paragraph 7(b)).

With regard to the Pig Slaughter Levy Regulations (Amendment) certain proposed changes for the purposes of paragraphs 6(1)(a) and 6(1)(b) of the relevant Act are purely to clarify the drafting style.

The Pig Slaughter Levy Act 1971 (the Levy Act) provides that the rate of levy per pig slaughtered shall be the aggregate of:

(a)       an amount prescribed for the purpose of financing the Pig Research and Development Corporation (PRDC), not exceeding $1.00;

(b)       an amount prescribed for the purpose of financing the Australian Pork Corporation, not exceeding $2.50;

(c)       an amount prescribed for the purpose of financing exotic animal disease control and eradication, not exceeding 1.5 cents.

Subsection 6(2) of the Levy Act requires the Governor-General, before making regulations prescribing an amount for the purposes of paragraph 6(1)(a), to take Into consideration any recommendation made to the Minister for Primary Industries and Energy by the PRDC. Subsection 6(2) also provides that regulations shall not be made prescribing an amount for the purposes of paragraph 6(1)(a) that is greater than the amount last recommended by the PRDC to the minister for Primary Industries and Energy.

The PRDC recommended to the Minister for Primary Industries and Energy that the rate of pig slaughter levy for the purposes of paragraph 6(1)(a) of the Levy Act be increased from 40 cents to 55 cents, commencing 1 July 1991 (see Attachment). The PRDC is seeking the rate increase in the pig slaughter levy to fund its Research and Development Plan and Annual Operational Plan for 1991-92. The recommended rate meets the requirements of section 6 of the Levy Act.

All of the proposed Regulations, which would implement the recommended levy rates, are to commence on 1 July 1991.

91R141DOC
91R142DOC
91R143DOC
91R144DOC
91R145DOC
91R146DOC
91R147DOC

ATTACHMENT

EXANDIS - PROPOSED CONTRIBUTION RATES 1991-92

LEGISLATION

Dairy Produce Levy
(No. 1) Act 1986
(sub-section 7(4A))

Laying Chicken
Levy Act 1988
(paragraph 7(b))

Live-stock Slaughter
Levy Act 1964
(section 6)


Meat Chicken Levy
Act 1969
(paragraph 7(1)(b))

Pig Slaughter Levy
Act 1971
(paragraph 6(1)(c))

LEGISLATION

Australian Meat &
Live-stock
Corporation Act 1977
(subsection 34A(1))

Wool Marketing Act 1987          
(subsection 53A(1))

LEVY PROPOSED ($)


0.03438(cent/kg milk fat)



0.0025(cent/laying chicken)


Buffaloes 2.9649 (cent/head)          
Sheep 0.1727      (   "   )
Lambs 0.1727     (   "   )
Goats 0.075        (   "   )

0.013706(cent per head)



1.433(cent/head)



COMMODITY



Cattle/calves


Wool
 

SPECIFIED
MAXIMUM

0.066



0.0025


Nil




0.05



1.5



PAYMENT
      $


270,355


329,625
 

PRDC - PROPOSED OPERATIVE LEVY RATE

LEGISLATION

Pig Slaughter Levy
Act 1971
(paragraph 6(1)(a))                      

LEVY


55(cents/head)                         
 

SPECIFIED
MAXIMUM

$1.00
 

 

Overview

The Pig Slaughter Levy Regulations (Amendment) 1991 No. 104, issued under the authority of the Minister of State for Primary Industries and Energy, amends the Pig Slaughter Levy Regulations 1971 to adjust the rates of levies collected under the Pig Slaughter Levy Act 1971. The amendments aim to update the levy rates to meet the needs of the Pig Research and Development Corporation and the Australian Pork Corporation, as well as to support exotic animal disease control and eradication. This statutory rule is necessary to implement the recommended changes proposed by the Pig Research and Development Corporation and to reflect any recommendations made by the Exotic Animal Disease Preparedness Consultative Council members nominated by the National Farmers' Federation. The policy objective is to ensure that industry contributions effectively fund research, development, and disease control initiatives within the pig industry, while adhering to the regulatory framework established by the relevant Acts.

Scope and Application

The Pig Slaughter Levy Regulations (Amendment) 1991 No. 104, issued under the authority of the Australian Meat & Livestock Corporation Act 1977 and the Pig Slaughter Levy Act 1971, applies to pig slaughter levy rates for the financial year 1991-92. This amendment is made to establish the prescribed rates for the levy on pigs slaughtered for the purposes of financing the Pig Research and Development Corporation, the Australian Pork Corporation, and exotic animal disease control and eradication. The regulations are applicable to all entities involved in the pig industry within the Commonwealth of Australia. The amendment includes an increase in the levy rate from 40 cents to 55 cents per pig, recommended by the Pig Research and Development Corporation, to fund their Research and Development Plan and Annual Operational Plan for 1991-92. This amendment takes effect from 1 July 1991 and is subject to the maximum rates specified in the relevant Acts.

Key Provisions

The Pig Slaughter Levy Regulations (Amendment) 1991 No. 104, under the authority of the Minister of State for Primary Industries and Energy, makes amendments to various Acts, including the Australian Meat & Livestock Corporation Act 1977, the Dairy Produce Levy (No. 1) Act 1986, the Laying Chicken Levy Act 1988, the Livestock Slaughter Levy Act 1964, the Meat Chicken Levy Act 1969, the Pig Slaughter Levy Act 1971, and the Wool Marketing Act 1987. These amendments prescribe rates for exotic disease levies and payments for the 1991-92 financial year, reflecting recommendations from the National Farmers' Federation members of the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and the Pig Research and Development Corporation (PRDC). The Governor-General, in making these regulations, must consider these recommendations and ensure that the prescribed rates do not exceed the last recommended amounts. Under these regulations, several obligations are placed on the parties governed by the Acts. For example, the Governor-General must take into account recommendations from EXANDIS members nominated by the National Farmers' Federation when setting exotic disease levy rates. Similarly, the Governor-General must consider the PRDC's recommendations when setting the rate for financing the Pig Research and Development Corporation. These obligations ensure that the levy rates are set based on industry input and reflect the needs for research and development, as well as exotic disease control. The regulations also outline the financial contributions required from the industry. For instance, the industry is required to contribute approximately $750,000 annually to the trust account for exotic animal disease control, with the Commonwealth matching these contributions dollar-for-dollar up to the same amount. This ensures a collective effort in funding disease control and eradication initiatives. Breach of these regulations may result in civil or criminal consequences. For example, failure to pay the prescribed levies or payments may lead to penalties as stipulated in the relevant Acts. The maximum penalties vary depending on the specific Act and the nature of the breach, but they serve as deterrents to non-compliance. Ensuring adherence to these regulations is crucial for maintaining the funding mechanisms for research, development, and disease control in the livestock and poultry industries.

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