Pig Slaughter Levy Regulations (Amendment) 1992 No. 145
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 145
Issued by Authority of the Minister of State for Primary Industries and Energy
Australian Meat and Live-stock Corporation Act 1977
Australian Meat and Live-stock Corporation Regulations (Amendment)
Australian Wool Corporation Act 1991
Australian Wool Corporation Regulations (Amendment)
Dairy Produce Levy (No. 1) Act 1986
Dairy Produce Levy Regulations (Amendment)
Live-stock Slaughter Levy Act 1964
Livestock Slaughter Levy Regulations (Amendment)
Meat Chicken Levy Act 1969
Meat Chicken Levy Regulations (Amendment)
Pig Slaughter Levy Act 1971
Pig Slaughter Levy 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. Relevant sections are as follows:
Section 52 of the Australian Meat and Live-stock Corporation Act 1977
Section 94 of the Australian Wool Corporation Act 1291
Section 14 of the Dairy Produce Levy (No. 1) Act 1986
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
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 EXANDIS levy rates for 1992-93. 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). These recommendations have been received.
The attached table shows the section of each Act relevant to the proposed levies, the amount of each proposed levy payment as recommended and the maximum rates as specified in the relevant levy Acts.
All of the proposed Regulations, which would implement the recommended rates, are to commence on 1 July 1992.
ATTACHMENT
PROPOSED CONTRIBUTION RATES 1992-93
1. EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION
Dairy Produce Levy
(No. 1) Act 1986
(subsection 7(4A))
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)) | PROPOSED LEVY
0.042 (cent/kg milk fat)
Buffaloes 3.0(cent/head)
Sheep 0.1( " )
Lambs 0.1( " )
Goats 0.1( " )
0.02(cent/meat chicken)
1.0(cent/head)
| SPECIFIED
MAXIMUM
0.066
Nil
0.05
1.5
|
2. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION
Australian Meat &
Livestock Corpn.
Act 1977
(subsection 34A(1))
Australian Wool
Corporation Act
1991
(subsection 26(1)) | COMMODITY
Cattle/calves
Wool
| PAYMENT
$
254,265
204,595
|
Overview
The Pig Slaughter Levy Regulations (Amendment) 1992 No. 145, issued under the authority of the Minister of State for Primary Industries and Energy, amends the Pig Slaughter Levy Regulations to adjust the levy rates for the 1992-93 financial year. This legislative amendment is made pursuant to the Pig Slaughter Levy Act 1971, which allows the Governor-General to make regulations concerning the levy for exotic disease purposes. The primary policy objective of these amendments is to align the industry contributions to the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) trust account, ensuring financial support for the control and eradication of exotic animal diseases. The amendments are necessary to prescribe the operative EXANDIS levy rates for the specified period, taking into consideration recommendations made by EXANDIS members nominated by the National Farmers' Federation (NFF).
Scope and Application
The Pig Slaughter Levy Regulations (Amendment) 1992 No. 145 pertains to the amendments of the Pig Slaughter Levy Act 1971, which applies to the pig industry, including pig farmers and entities involved in the slaughter of pigs. The amendments are made to adjust the levy rates for the 1992-93 financial year for exotic disease control purposes, and the Act's jurisdiction is federal, impacting all pig-related industries across Australia. The amendments follow recommendations by EXANDIS, as per the Exotic Animal Disease Control Act 1989, which aims to provide financial assistance for the control and eradication of exotic animal diseases. The proposed contribution rates, as outlined in the attached table, include a levy on pig slaughter and direct payments for cattle and wool industries. The regulations aim to ensure the efficient management of funds collected for disease control, with contributions from the pig industry matched by the Commonwealth up to a specified limit. The amendments are set to commence on 1 July 1992, ensuring that the levy rates are updated in line with the industry's financial contributions and the need for disease preparedness.
The scope of these regulations extends to the pig industry, which includes all pig farmers, abattoirs, and entities involved in the processing and sale of pig meat, as well as cattle and wool industries for direct payments. The geographic reach of these regulations is nationwide, applying to all states and territories within Australia. The amendments do not explicitly state exclusions but are focused on levying specific industries to fund exotic disease control through EXANDIS. The application of these regulations is further extended through subordinate instruments which detail the specific contribution rates and levy amounts, ensuring the smooth operation of the funding mechanism for disease preparedness.
Key Provisions
The main operative sections of the Pig Slaughter Levy Regulations (Amendment) 1992 No. 145 (the Regulations) pertain to the amendment of the Pig Slaughter Levy Regulations under the Pig Slaughter Levy Act 1971 (the Act) (s. 8). The Regulations are made under the authority granted by the relevant Acts, including the Australian Meat and Livestock Corporation Act 1977 (s. 52), Australian Wool Corporation Act 1991 (s. 94), Dairy Produce Levy (No. 1) Act 1986 (s. 14), Livestock Slaughter Levy Act 1964 (s. 8), Meat Chicken Levy Act 1969 (s. 11), and Pig Slaughter Levy Act 1971 (s. 8). These sections allow for the imposition of levies for exotic disease purposes. The Regulations specifically focus on prescribing the operative Exotic Animal Disease Preparedness Consultative Council (EXANDIS) levy rates for 1992-93.
The obligations imposed by the Regulations on the parties and entities governed include the requirement to contribute to the EXANDIS levy through either a levy or direct payment. For example, under the Pig Slaughter Levy Act 1971 (s. 8), the Regulations prescribe a levy of 0.02 cents per kilogram of pork produced. Entities subject to these levies must comply with the specified rates and remit the required contributions by the stipulated date. Additionally, the regulations necessitate that the Governor-General consider recommendations made by members of EXANDIS, nominated by the National Farmers' Federation, before prescribing the levy rates.
The Regulations also detail the consequences for non-compliance. While the specific provisions regarding offences, penalties, or civil/criminal consequences are not explicitly stated in the explanatory statement, it can be inferred that non-compliance with the levy requirements might result in penalties as provided by the relevant Acts. For instance, under the Pig Slaughter Levy Act 1971 (s. 8), failure to remit the required levies could potentially lead to enforcement actions, including fines or other penalties as stipulated by the Act. These consequences are intended to ensure that the industry contributions to the EXANDIS trust account are met, thereby supporting the control and eradication of exotic animal diseases.