Overview

The Primary Industries (Excise) Levies Amendment Regulations 2007 (No. 5) and the Primary Industries (Customs) Charges Amendment Regulations 2007 (No. 4) were enacted to address the outdated buffalo slaughter levy and export charge, which had previously been established to fund tuberculosis and brucellosis eradication programs. With the cessation of these programs and the subsequent declaration of Australia as free from these diseases, the levies and charges were no longer necessary. This was approved by the levy payers through the Australian Buffalo Industry Council, and the regulations were made in accordance with sections 8 of the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999. The Minister for Agriculture, Fisheries and Forestry considered the recommendations from the designated industry body and, in light of the buffalo industry’s support for the changes, approved the amendments to the levies and charges. These regulations were registered and commenced on the day after registration.

Scope and Application

The Primary Industries (Excise) Levies Amendment Regulations 2007 (No. 5) and the Primary Industries (Customs) Charges Amendment Regulations 2007 (No. 4) apply to entities involved in the slaughter or export of buffalo within Australia. These regulations amend the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999, respectively, to change the buffalo slaughter levy and export charge from seventy-three cents per head to zero cents per head. This change was approved by the Australian Buffalo Industry Council, the designated body for the buffalo industry, following the termination of tuberculosis and brucellosis programs and the declaration of Australia as free from these diseases. The Minister for Agriculture, Fisheries and Forestry considered the recommendation from the industry body and approved the amendments. These regulations extend across the Commonwealth and affect anyone involved in buffalo slaughter or export, including processors, exporters, and relevant industry bodies. The changes became effective on the day after the regulations were registered.

Key Provisions

The main operative sections of the Primary Industries (Excise) Levies Amendment Regulations 2007 (No. 5) and the Primary Industries (Customs) Charges Amendment Regulations 2007 (No. 4) essentially concern the amendment of the buffalo slaughter levy and the export charge for buffalo, setting them to zero cents per head (regs 1 and 2). These regulations follow the termination of tuberculosis and brucellosis programs and the declaration of freedom from these diseases in Australia, which made the levy and charge for buffalo slaughter or export unnecessary (reg 1, Schedule 1, item 1 and reg 3, Schedule 1, item 1). The Australian Buffalo Industry Council, the designated body for the buffalo industry, recommended these changes, which were subsequently approved by the Minister (sub clauses 14(2) and 13(2)). The regulations impose obligations on the parties or entities they govern, primarily the buffalo industry stakeholders. The Australian Buffalo Industry Council, as the designated body, must recommend changes to the Minister, who is then required to consider these recommendations before making any regulations (sub clauses 14(2) and 13(2)). The Minister's approval is contingent on the support of levy payers, as evidenced by the Council’s approval of the changes. Additionally, the Office of Best Practice Regulations was consulted, and a Regulation Impact Statement (RIS ID number 9126) was prepared to ensure that the regulations align with best practices (reg 1, Schedule 27 and reg 1, Schedule 14). There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breaches of these regulations. The regulations focus on the administrative and procedural aspects of removing the buffalo slaughter levy and export charge, following the eradication of tuberculosis and brucellosis in Australia. Compliance with these regulations is primarily a matter of following the prescribed processes and recommendations from the designated industry body. However, any non-compliance with related primary Acts or other legislation might incur penalties as per those respective Acts.