Pig Slaughter Levy Regulations (Amendment) 1993 No. 98
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 98
Issued by Authority of the Minister 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)
Laying Chicken Levy Act 1988
Laying Chicken 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 1991
Section 14 of the Dairy Produce Levy (No. 1) Act 1986
Section 9 of the Laying Chicken Levy Act 1988
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 1993-94. 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 1993.
93R189
93R190
93R191
93R192
93R194
93R188
ATTACHMENT
EXANDIS - PROPOSED CONTRIBUTION RATES 1993-94
1. EXANDIS CONTRIBUTION VIA DIRECT PAYMENT
LEGISLATION
Australian Meat and Livestock Corporation Act 1977 (subsection 34A(1)) Australian Wool Corporation Act 1991 (subsection 26(1)) | COMMODITY
Cattle/calves
Wool | PAYMENT $
266,356
191,401 |
2. EXANDIS CONTRIBUTION VIA LEVY
LEGISLATION
Dairy Produce Levy (No. 1) Act 1986 (subsection 7(4A)) Laying Chicken Levy Act 1988 (paragraph 7(b)) Meat Chicken Levy Act 1969 (paragraph 7(1)(b)) Pig Slaughter Levy Act 1971 (paragraph 6(1)(c)) | PROPOSED LEVY
0.047 (cent/kg milk fat)
0.22 (cent/laying chicken)
0.018 (cent/meat chicken)
0.90 (cent/head) | SPECIFIED MAXIMUM
0.066
0.25
0.05
1.5 |
Overview
The Pig Slaughter Levy Regulations (Amendment) 1993 No. 98, issued under the authority of the Minister for Primary Industries and Energy, amends the regulations related to the Pig Slaughter Levy Act 1971, among other Acts. This legislative amendment was introduced to address the need for updated levy rates for the 1993-94 financial year, ensuring that the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) could effectively receive necessary contributions for controlling and eradicating exotic animal diseases. The regulations aim to implement the recommended contribution rates from industry stakeholders, matched by the Commonwealth up to a specified limit, as outlined in the related Acts. These amendments are intended to provide the necessary financial resources for EXANDIS to carry out its mandate, reflecting the collaborative approach between industry and government in managing animal disease risks.
Scope and Application
The Pig Slaughter Levy Regulations (Amendment) 1993 No. 98 applies to various entities involved in the livestock industry, including those engaged in the processing and slaughter of pigs. The regulations are made under the authority of the Minister for Primary Industries and Energy and are an amendment to the Pig Slaughter Levy Act 1971, which imposes a levy on pig slaughter for exotic disease control purposes. The regulations specify the operative levy rates for the 1993-94 financial year, following recommendations by the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and the National Farmers' Federation (NFF). These rates are set to commence on 1 July 1993. The scope of the regulations extends to the Commonwealth jurisdiction, impacting all pig slaughter activities within Australia. The regulations do not explicitly state exclusions or exemptions, but it is inferred that they apply universally to all relevant entities unless otherwise specified by subordinate instruments. The Act provides a framework for the levy, while the regulations detail the specific rates and their effective dates, ensuring that contributions to EXANDIS are implemented as recommended.
Key Provisions
The Pig Slaughter Levy Regulations (Amendment) 1993 No. 98, issued under the authority of the Minister for Primary Industries and Energy, primarily amends existing regulations by adjusting the rates of levies and payments to be collected for exotic disease control purposes. These amendments are made under the authority granted by various Acts including the Australian Meat and Livestock Corporation Act 1977, Australian Wool Corporation Act 1991, Dairy Produce Levy (No. 1) Act 1986, Laying Chicken Levy Act 1988, Meat Chicken Levy Act 1969, and Pig Slaughter Levy Act 1971. The regulations specify the new rates for the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) levy for the financial year 1993-94, which are recommended by the EXANDIS members nominated by the National Farmers' Federation (NFF) and accepted by the Governor-General.
These regulations impose specific obligations on the industry sectors governed by these Acts. For instance, under Section 52 of the Australian Meat and Livestock Corporation Act 1977, the cattle and livestock industry is required to contribute to the EXANDIS trust account as per the new rates specified in the amended regulations. Similarly, wool producers under the Australian Wool Corporation Act 1991, dairy farmers under the Dairy Produce Levy (No. 1) Act 1986, laying chicken producers under the Laying Chicken Levy Act 1988, meat chicken producers under the Meat Chicken Levy Act 1969, and pig producers under the Pig Slaughter Levy Act 1971 must comply with their respective new levy rates. These contributions are essential for the funding of measures aimed at the control and eradication of exotic animal diseases.
Failure to comply with the new levy rates prescribed by these regulations could result in legal repercussions. While the explanatory statement does not explicitly mention penalties for non-compliance, the overarching Acts likely contain provisions for enforcement and penalties. Typically, such Acts might impose fines or other penalties for non-compliance, although the exact nature and severity of these penalties are not detailed in the statement. However, given the critical nature of these levies in funding disease control, it is reasonable to infer that non-compliance could be met with stringent measures to ensure industry participation and the safeguarding of animal health.
In summary, the Pig Slaughter Levy Regulations (Amendment) 1993 No. 98 sets forth new levy rates for various livestock and poultry industries to support the EXANDIS trust account, ensuring continued funding for exotic animal disease preparedness and control. These amendments impose clear obligations on industry participants to adhere to the new rates, with potential legal consequences for non-compliance, although specific penalties are not detailed in the explanatory statement. The overarching Acts under which these regulations are made likely contain provisions to enforce compliance and penalize non-compliance, although the exact penalties are not specified here.