Primary Industries Levies and Charges Collection (Buffalo, Cattle and Live-stock) Amendment Regulations 1999 (No. 3)

Overview

The Primary Industries Levies and Charges Collection (Buffalo, Cattle and Livestock) Amendment Regulations 1999 (No. 3) were enacted to address the need for an adjustment in the allocation of levy funds between marketing and research and development within the beef industry. This regulation arises under the authority of the Primary Industries (Excise) Levies Act 1999, specifically section 8, which empowers the Governor-General to make regulations for the purposes of the Act. The regulation aims to realign the distribution of funds collected through the grain fed transaction levy, as managed by the Australian Lot Feeders' Association (ALFA), to better reflect the industry's strategic priorities as outlined in the approved Corporate Plan and Budgets, and Business Plan for the three-year period commencing 1999/2000. This re-allocation, which will see marketing funds increase from $1.66 to $1.95, while research and development funds decrease from $1.22 to $0.93, aims to ensure that the funds are directed towards areas most critical to the industry’s development and promotion.

Scope and Application

The Primary Industries Levies and Charges Collection (Buffalo, Cattle and Livestock) Amendment Regulations 1999 (No. 3) applies to entities involved in the collection of levies from the buffalo, cattle, and livestock industries for purposes including research and development, marketing, promotion, and other specified activities. These entities include levy payers, the Australian Lot Feeders' Association (ALFA), Meat and Livestock Australia, and the Cattle Council of Australia, which collectively determine the allocation of levy funds. The regulation operates within the jurisdictional scope of the Commonwealth of Australia, as it amends the regulations under the Primary Industries (Excise) Levies Act 1999. The regulation modifies the allocation of funds between marketing and research and development, specifically changing the allocation from $1.66 to marketing and $1.22 to research and development, to $1.95 for marketing and $0.93 for research and development, while maintaining the total levy collected. The amendment will take effect from 1 January 2000.

Key Provisions

The Primary Industries Levies and Charges Collection (Buffalo, Cattle and Livestock) Amendment Regulations 1999 (No. 3) (the Regulations) propose to alter the allocation of funds collected through the grain fed transaction levy between marketing and research and development. The regulations make amendments to Schedule 3 of the Primary Industries (Excise) Levies Act 1999 (the Act), which sets out the basis for the collection of industry levies. Specifically, the Regulations propose to change the allocation of $1.66 for marketing to $1.95 and $1.22 for research and development to $0.93, while keeping the total levy collected unchanged. These changes are proposed by the Australian Lot Feeders' Association (ALFA) in conjunction with Meat and Livestock Australia and the Cattle Council of Australia, following the development of a Corporate Plan and Budgets and a Business Plan for the three-year period commencing 1999/2000. The plans reflect the industry's strategic priorities and were developed through considerable consultation and negotiation with levy payers. The Business Plan was approved at the ALFA annual general meeting in September 1999. The Regulations impose obligations on ALFA, as the industry peak body, to allocate the grain fed transaction levy funds as prescribed in the Regulations. This means that ALFA must allocate $1.95 of each levy dollar collected to marketing and $0.93 to research and development, as opposed to the current allocation of $1.66 to marketing and $1.22 to research and development. ALFA must also ensure that the total levy collected remains unchanged by the allocation changes. Failure to comply with the Regulations may result in civil or criminal penalties. However, the Regulations do not specify the exact penalties for breach. It is important to note that the Regulations do not create any new offences or penalties beyond what is already provided for in the Act. The Act provides for penalties for non-compliance, including fines of up to $12,600 for individuals and $63,000 for bodies corporate, as well as potential criminal penalties for serious or repeated breaches.