Primary Industries Legislation Amendment Act 1994

Administered by Department of Agriculture

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Primary Industries Legislation
Amendment Act 1994

No. 137 of 1994

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

1. Short title

2. Commencement

PART 2—AMENDMENTS OF THE BEEF PRODUCTION LEVY ACT 1990

3. Principal Act

4. Interpretation

5. Rate of levy on slaughter of cattle

6. Application

TABLE OF PROVISIONS—continued

Section

PART 3—AMENDMENTS OF THE PRIMARY INDUSTRIES LEVIES AND
CHARGES COLLECTION ACT 1991

7. Principal Act

8. Interpretation

9. Liability of intermediaries

10. Liability of intermediaries—ancillary provisions

11. Insertion of new section:

24A. Offences in relation to weighing cattle carcases

Primary Industries Legislation
Amendment Act 1994

No. 137 of 1994

 

An Act to amend the Beef Production Levy Act 1990 and the
Primary Industries Levies and Charges Collection Act 1991,
and for related purposes

[Assented to 18 November 1994]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Primary Industries Legislation Amendment Act 1994.

Commencement

2.(1) Part 1 commences on the day on which this Act receives the Royal Assent.


(2) Subject to subsection (3), the provisions of Parts 2 and 3 commence on a day or days to be fixed by Proclamation.

(3) If a provision of Part 2 or 3 does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day of the first month that begins after the end of that period.

PART 2—AMENDMENTS OF THE BEEF PRODUCTION LEVY ACT 1990

Principal Act

3. In this Part, “Principal Act” means the Beef Production Levy Act 19901.

Interpretation

4. Section 4 of the Principal Act is amended by inserting in subsection (1) the following definitions:

“ ‘cold carcase weight’ means the weight of a carcase weighed 2 hours or more after slaughter;

‘weighing period’, in relation to a carcase, means the period of time between slaughter and the earlier of the following events:

(a) the lodging of the monthly return (as required by the Primary Industries Levies and Charges Collection (Cattle and Live-stock) Regulations) in which the hot carcase weight of the carcase should be included;

(b) levy on the carcase becomes due for payment (as provided in the Primary Industries Levies and Charges Collection (Cattle and Live-stock) Regulations).”.

Rate of levy on slaughter of cattle

5. Section 6 of the Principal Act is amended:

(a) by omitting subsection (3) and substituting the following subsection:

“(3) If an abattoir does not determine the hot carcase weight of a carcase then, depending on which circumstance in the table is applicable, the hot carcase weight is taken to be the weight specified in the table, and that weight is taken to have been determined at the time of completing the slaughter.


Item

Circumstance

Hot carcase weight

1

The abattoir is able to determine a hot carcase weight but fails to do so.

240 kilograms

2

The abattoir is unable to determine a hot carcase weight but determines a cold carcase weight within the weighing period.

Cold carcase weight multiplied by 1.03

3

The abattoir is unable to determine a hot carcase weight, is able to determine a cold carcase weight but fails to do so within the weighing period.

240 kilograms

4

The abattoir is unable to determine a hot carcase weight and is unable to determine a cold carcase weight within the weighing period.

240 kilograms

”;

(b) by adding at the end the following Note:

“Note: Section 24A of the Primary Industries Levies and Charges Collection Act 1991 creates offences that apply in the following situations:

(a) an abattoir is able to determine a hot carcase weight but fails to do so;

(b) an abattoir is unable to determine a hot carcase weight, is able to determine a cold carcase weight within the weighing period but fails to do so.”.

Application

6. The amendments made by section 5 apply to cattle slaughtered after the commencement of that section.

PART 3—AMENDMENTS OF THE PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION ACT 1991

Principal Act

7. In this Part, “Principal Act” means the Primary Industries Levies and Charges Collection Act 19912.

Interpretation

8. Section 4 of the Principal Act is amended:

(a) by omitting “or (3)” from the definition of “intermediary” in subsection (1) and substituting “, (3) or (3A)”;


(b) by omitting “person” (last occurring) from the definition of “intermediary” in subsection (1) and substituting “producer”.

Liability of intermediaries

9.(1) Section 7 of the Principal Act is amended:

(a) by omitting from subsection (1) “Except where subsection (2) applies,” and substituting “Subject to subsection (2A),”;

(b) by omitting from subsection (2) “For” and substituting “Subject to subsection (2A), for”;

(c) by inserting after subsection (2) the following subsection:

“(2A) Subsections (1) and (2) do not both apply to a particular amount of levy that is payable. In the case of levy imposed on the sale of cattle by the Cattle Transaction Levy Act 1990, subsection (2) only applies if subsection (1) does not. In any other case, subsection (1) only applies if subsection (2) does not.”.

(2) The amendments made by subsection (1) apply to levy imposed after the commencement of this section.

Liability of intermediaries—ancillary provisions

10. Section 8 of the Principal Act is amended:

(a) by inserting in subsection (3) “or pigs” after “(being live-stock within the meaning of the Live-stock Slaughter Levy Act 1964)”;

(b) by adding at the end of subsection (3) “or pigs”.

Insertion of new section

11. After section 24 of the Principal Act the following section is inserted:

Offences in relation to weighing cattle carcases

“24A.(1) This section applies to carcases of cattle slaughtered at an abattoir if levy is imposed on the slaughter by the Beef Production Levy Act 1990.

“(2) The proprietor of the abattoir must take reasonable steps to ensure that:

(a) if the abattoir is able to determine the hot carcase weight of a carcase, that hot carcase weight is determined; and

(b) if the abattoir is unable to determine the hot carcase weight of a carcase but is able to determine its cold carcase weight within the weighing period, that cold carcase weight is determined within that period.

“(3) If:

(a) the abattoir is able to determine the hot carcase weight of a carcase but fails to do so; and


(b) the failure is attributable to the proprietor having intentionally or recklessly contravened subsection (2);

the proprietor is guilty of an offence.

Penalty: 60 penalty units.

“(4) If:

(a) the abattoir is unable to determine the hot carcase weight of a carcase; and

(b) the abattoir is able to determine the cold carcase weight of the carcase within the weighing period but fails to do so; and

(c) the failure is attributable to the proprietor having intentionally or recklessly contravened subsection (2);

the proprietor is guilty of an offence.

Penalty: 60 penalty units.

Note: The terms ‘hot carcase weight’, ‘cold carcase weight’ and ‘weighing period’ are defined in subsection 4(1) of the Beef Production Levy Act 1990.”.

NOTES

1. No. 140, 1990, as amended. For previous amendments, see Nos. 26 and 39, 1991.

2. No. 25, 1991, as amended. For previous amendments, see Nos. 20, 32, 59 and 247, 1992; and No. 94, 1993.

[Minister’s second reading speech made in—

House of Representatives on 19 October 1994

Senate on 7 November 1994]

Overview

The Primary Industries Legislation Amendment Act 1994, enacted by the Parliament of Australia, amends the Beef Production Levy Act 1990 and the Primary Industries Levies and Charges Collection Act 1991 to address issues related to the accurate determination and reporting of carcase weights in the beef industry, particularly concerning hot and cold carcase weights and the associated levy rates. The Act introduces provisions to establish a clear methodology for determining carcase weights when hot carcase weights cannot be accurately measured and defines the consequences for failure to comply with the requirements. This includes the insertion of new offences in relation to weighing cattle carcases and amendments to the liability of intermediaries, ensuring that the correct parties bear the responsibility for levy payments. The policy objective of these amendments is to enhance the accuracy and fairness of levy imposition by ensuring that carcase weights are determined and reported correctly, thereby maintaining the integrity of the levy system and supporting the primary industries sector.

Scope and Application

The Primary Industries Legislation Amendment Act 1994 amends the Beef Production Levy Act 1990 and the Primary Industries Levies and Charges Collection Act 1991. It applies to abattoirs and proprietors who are involved in the slaughter of cattle and the imposition of levies on such activities. The amendments to the Beef Production Levy Act 1990, which specify the rate of levy on the slaughter of cattle, apply to cattle slaughtered after the commencement of these amendments. The amendments to the Primary Industries Levies and Charges Collection Act 1991, which relate to the liability of intermediaries, apply to levy imposed after the commencement of these amendments. The Act also introduces new offences in relation to the weighing of cattle carcases at abattoirs, with specific penalties for failure to determine the hot carcase weight or the cold carcase weight within the specified weighing period. The Act is applicable within the Commonwealth of Australia, affecting entities and persons involved in the primary industries sector, particularly those engaged in the processing and levying activities associated with cattle slaughter. There are no stated exclusions or exemptions in the Act, although the application of the provisions may be subject to the conditions and regulations outlined in subordinate instruments.

Key Provisions

The Primary Industries Legislation Amendment Act 1994 (No. 137 of 1994) introduces amendments to the Beef Production Levy Act 1990 and the Primary Industries Levies and Charges Collection Act 1991. The Act defines the rate of levy on the slaughter of cattle and specifies the circumstances under which different weights are considered when the hot carcase weight cannot be determined (s 5). This includes a situation where the hot carcase weight is not determined but the cold carcase weight is available within the specified weighing period, in which case the cold carcase weight is multiplied by 1.03 to derive the hot carcase weight (s 5(3)(b)). These amendments apply to cattle slaughtered after the commencement of section 5 (s 6). The Act imposes several obligations on the parties it governs. For example, abattoir proprietors must take reasonable steps to ensure that the hot carcase weight is determined when possible, or the cold carcase weight within the weighing period if the hot carcase weight cannot be determined (s 24A(2)). Additionally, intermediaries have specific liabilities under the Primary Industries Levies and Charges Collection Act 1991, and the Act amends the definition of "intermediary" to include certain producers (s 8). Furthermore, it outlines the circumstances under which intermediaries are liable for levies, ensuring that either subsection (1) or (2) applies, but not both, to a particular amount of levy that is payable (s 9). The Act also introduces specific offences and penalties for breaches of its provisions. For instance, if an abattoir proprietor fails to determine the hot carcase weight when able to do so, or fails to determine the cold carcase weight within the weighing period when the hot carcase weight cannot be determined, and this failure is due to intentional or reckless contravention of the Act, the proprietor commits an offence (s 24A(3), (4)). The penalty for these offences is 60 penalty units (s 24A(3), (4)). The Act clearly delineates the consequences of non-compliance, ensuring that there are legal repercussions for not adhering to the specified requirements.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.