Pig Slaughter Levy Regulations (Amendment) 1994 No. 168
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 168
Issued by the Authority of the Minister for Primary Industries and Energy
Pig Slaughter Levy Act 1971
Pig Slaughter Levy Regulations (Amendment)
Section 8 of the Pig Slaughter Levy Act 1971 (the Act) provides that the Governor-General may make regulations for the purposes of carrying out or giving effect to the Act.
The Act imposes a levy in respect of pigs slaughtered in Australia. The marketing component of the levy is used to fund the operations of the Australian Pork Corporation (APC). By virtue of the Pig Industry Act 1986 levies collected under paragraph 6(1)(b) of the Act are designated for funding of marketing activities.
Paragraph 6(1)(b) provides that the rate of levy for marketing purposes may be varied by regulation up to a maximum of $2.50 per pig slaughtered. Regulations currently prescribe the operative rate of levy for marketing purposes at $1.60 per pig slaughtered.
Subsection 6(3) of the Act prescribes that the Governor-General shall take into consideration any recommendations made to the Minister by the APC.
The Pork Council of Australia, the recognised industry representative body, has supported the recommendation of the APC to the Minister for an increase in the operative rate of levy for marketing purposes from $1.60 to $1.65 per pig slaughtered.
No additional Commonwealth outlays will be required beyond the budgeted levels.
The purpose of the Regulations is to increase the operative rate of levy for marketing purposes from $1.60 to $1.65 per pig slaughtered. The increase is to come into effect from 1 July 1994.
Overview
The Pig Slaughter Levy Regulations (Amendment) 1994 No. 168, issued under the authority of the Minister for Primary Industries and Energy, amends the Pig Slaughter Levy Regulations 1971. This legislative amendment seeks to adjust the rate of the marketing component of the pig slaughter levy, which funds the operations of the Australian Pork Corporation (APC). Currently set at $1.60 per pig slaughtered, the amendment proposes to increase this rate to $1.65 per pig slaughtered, effective from 1 July 1994. This change is in response to a recommendation from the APC, supported by the Pork Council of Australia, aimed at ensuring sufficient funding for marketing activities within the pork industry. The amendment does not require any additional Commonwealth outlays beyond the budgeted levels.
Scope and Application
The Pig Slaughter Levy Regulations (Amendment) 1994 No. 168 pertains to the Pig Slaughter Levy Act 1971, which imposes a levy on pigs slaughtered in Australia. The Act applies to all pigs slaughtered within the Australian jurisdiction, and the primary entities affected are pig slaughterers and the Australian Pork Corporation (APC), which is funded by the marketing component of the levy. The levy is instrumental in supporting the operations of the APC, particularly its marketing activities, as designated under the Pig Industry Act 1986. The amendment to the regulations is designed to increase the operative rate of the marketing levy from $1.60 to $1.65 per pig slaughtered, effective from 1 July 1994. This adjustment is based on recommendations from the APC, which was supported by the Pork Council of Australia, and it does not necessitate any additional Commonwealth outlays beyond the budgeted levels. The regulations extend the application of the Act by modifying the levy rate, thereby enhancing the funding available for pork marketing activities without additional financial burden on the government.
Key Provisions
The Pig Slaughter Levy Regulations (Amendment) 1994 No. 168, under section 8 of the Pig Slaughter Levy Act 1971, enables the Governor-General to modify the rate of levy imposed on pigs slaughtered in Australia for marketing purposes. Currently, the Act imposes a levy of $1.60 per pig slaughtered to fund the operations of the Australian Pork Corporation (APC). This marketing levy is crucial for supporting the marketing activities of the pork industry, as designated under paragraph 6(1)(b) of the Act. The amendment proposes an increase in this levy rate to $1.65 per pig, effective from 1 July 1994. This increase is based on a recommendation from the APC, supported by the Pork Council of Australia, the industry's recognised representative body. Importantly, the amendment does not require additional funding beyond the current budgetary allocations.
The Regulations impose specific obligations on the parties involved in the pig slaughter industry. Firstly, the APC must continue to ensure that the increased levy is collected from all relevant entities involved in the slaughter of pigs in Australia. The APC is also required to report on the usage of the collected levy, ensuring transparency and accountability in how the funds are allocated towards marketing activities. Furthermore, the amendment necessitates that all industry stakeholders comply with the new levy rate from the specified commencement date, 1 July 1994. These obligations are essential to maintaining the integrity of the pork industry's marketing fund and supporting the industry's growth and development.
Failure to comply with the new levy rate or the collection requirements may lead to civil or criminal consequences, as stipulated by the Pig Slaughter Levy Act 1971. While the specific penalties for non-compliance are not detailed in the explanatory statement, it is reasonable to infer that penalties could include fines or legal action against the non-compliant parties. The severity of these penalties would depend on the nature and extent of the non-compliance, with the potential for significant financial repercussions for entities failing to adhere to the new regulations. It is therefore crucial for all stakeholders to ensure they are fully compliant with the amended levy rate and associated obligations to avoid any potential legal ramifications.