EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 2
Issued by the authority of the Minister for Primary Industry
PIG SLAUGHTER LEVY ACT 1971
PIG SLAUGHTER LEVY REGULATIONS (AMENDMENT)
The Pig Slaughter Levy Act 1971 (the Act) provides for a levy to be imposed on the slaughter at an abattoir of pigs for sale for human consumption.
Section 8 of the Act empowers the Governor-General to make regulations for the purpose of section 6 of the Act. Section 6 provides that the levy shall be the aggregate of:
• an amount for research purposes, prescribed by regulations not exceeding 50¢; and
• an amount for promotion purposes, prescribed by regulations not exceeding $1.
Before making regulations prescribing an amount for promotion purposes, the Governor-General shall take into consideration any recommendation regarding this amount made to the Minister for Primary Industry by the Pork Promotion Committee. However, regulations shall not be made prescribing such an amount greater than the amount last recommended by the Pork Promotion Committee to the Minister for Primary Industry.
The Pig Slaughter Levy Regulations currently prescribe a slaughter levy of 20¢ per pig for research purposes and a slaughter levy of 80¢ per pig for promotion purposes, a total levy of $1 per pig slaughtered.
The Pork Promotion Committee recommended to the Minister that the promotion portion of the pig slaughter levy be increased to $1 per pig slaughtered. The need to maintain current levels of promotion in the face of increasing costs and plans to expand promotion of processed products mean that the increase in levy is necessary.
The purpose of the proposed regulations is to apply an increased operative rate of levy for promotion purposes, from 1 March 1987. From that date the pig slaughter levy will be $1.20 per pig slaughtered, being the aggregate of an amount of 20¢ per pig for research purposes and $1 per pig for promotion purposes. The new rate does not exceed the maximum rate prescribed by the Act.
Overview
The Pig Slaughter Levy Regulations (Amendment) Statutory Rules 1987 were introduced to amend the existing regulations under the Pig Slaughter Levy Act 1971. This Act was enacted to establish a levy on the slaughter of pigs at abattoirs for human consumption, aiming to generate funds for research and promotion purposes within the pork industry. The 1987 amendments were necessitated by the need to address the rising costs associated with promoting pork products and the intention to expand promotional activities for processed pork products. The enacting body, the Governor-General, exercised powers under Section 8 of the Act to make these regulations, ensuring compliance with the provisions outlined in Section 6 regarding the prescribed amounts for research and promotion purposes. The policy objective of the amendment is to ensure that the pork industry can sustain and expand its promotional efforts by increasing the levy for promotion purposes while adhering to the regulatory framework established by the Act.
Scope and Application
The Pig Slaughter Levy Act 1971 applies to the slaughter of pigs for human consumption at an abattoir within the Commonwealth of Australia. The Act imposes a levy on such slaughters, with the proceeds intended for research and promotional activities within the pork industry. This levy is applicable to all pigs slaughtered for commercial purposes, thus impacting all entities involved in the commercial pig slaughter industry. The geographic scope of the Act is national, covering all abattoirs within Australia. The Act is supported by subsidiary legislation, the Pig Slaughter Levy Regulations, which detail the specific rates for the levy and provide a framework for its calculation and collection. Any amendments or adjustments to the levy rates, such as the increase from 80¢ to $1 per pig for promotional purposes, are made through these regulations, which must align with the provisions and limits set out in the Act. The Act does not specify exclusions or exemptions, thereby encompassing all commercial pig slaughter activities within its jurisdiction.
Key Provisions
The Pig Slaughter Levy Act 1971, as amended by the regulations, imposes a levy on the slaughter of pigs for human consumption at abattoirs (s. 6). This levy is made up of two components: a portion for research purposes and another for promotion purposes, both prescribed by regulations (s. 8). Currently, the research component is set at 20¢ per pig and the promotion component at 80¢ per pig, adding up to a total levy of $1 per pig slaughtered.
Under the Act, the Governor-General has the authority to make regulations concerning the levy, ensuring the prescribed amounts do not exceed the limits set by the Act, which are 50¢ for research and $1 for promotion (s. 6). Before setting the amount for promotion purposes, the Governor-General must consider any recommendations from the Pork Promotion Committee to the Minister for Primary Industry (s. 8). However, the regulations cannot set a promotion levy higher than the last amount recommended by the Pork Promotion Committee.
The Act imposes certain obligations on the parties involved. Abattoirs must comply with the prescribed levy, which is collected per pig slaughtered for human consumption. The Pork Promotion Committee has the responsibility of making recommendations to the Minister regarding the levy amount for promotion purposes, taking into account the need to maintain current levels of promotion and the costs involved. The Minister, in turn, is required to consider these recommendations when making regulations.
Breaches of the regulations or failure to comply with the requirements of the Act may result in civil or criminal consequences. The exact nature of these consequences is not specified in the provided text; however, penalties for non-compliance with statutory regulations in Australia can range from fines to imprisonment, depending on the severity and intent of the breach. The maximum penalties would be determined by the specific provisions of the Act and any related laws.