Wool Marketing Regulations (Amendment)

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Wool Marketing Regulations (Amendment) 1991 No. 105

 

 

EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 105

Issued by Authority of the Minister of State for Primary Industries and Energy Australian Meat & Live-stock Corporation Act 1977

Australian Meat & Live-stock 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) Live-stock Slaughter Levy Act 1964

Live-stock Slaughter Levy Regulations (Amendment) Meat Chicken Levy Act 1969

Meat Chicken Levy Regulations (Amendment) Pig Slaughter Levy Act 1971

Pig Slaughter Levy Regulations (Amendment) Wool Marketing Act 1987

Wool Marketing 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 and also (in the case of pigs) for the financing of the Pig Research and Development Corporation and the Australian Pork Corporation. Relevant sections are as follows:

 

section 52 of the Australian Meat & Live-stock Corporation Act 1977

 

section 14 of the Dairy Produce Levy (No. 1) Act 1986

 

section 9 of the Laying Chicken Levy Act 1988

 

section 8 of the Live-stock Slaughter Levy Act 1964

 

section 11 of the Meat Chicken Levy Act 1969

 

section 8 of the Pig Slaughter Levy Act 1971

 

section 127 of the Wool Marketing Act 1987.

 

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 exotic disease levy rates for 1991-92. 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) and regulations shall not be made prescribing a rate that is greater than the rate last recommended.

 

The attached table shows the section of each Act relevant to exotic disease levy, the amount of each proposed levy/payment as recommended by the NFF members and the maximum rates as specified in the relevant levy Acts.

 

With regard to the Laying Chicken Levy Regulations (Amendment), this is the first year of operation of the proposed exotic disease levy for laying chickens. As a result, it is necessary to prescribe 5.75 cents (paragraph 7(a) of the relevant Act) for research and development purposes which is unchanged from the previous year and 0.0025 cent for exotic disease purposes (paragraph 7(b)).

 

With regard to the Pig Slaughter Levy Regulations (Amendment) certain proposed changes for the purposes of paragraphs 6(1)(a) and 6(1)(b) of the relevant Act are purely to clarify the drafting style.

 

The Pig Slaughter Levy Act 1971 (the Levy Act) provides that the rate of levy per pig slaughtered shall be the aggregate of:

 

(a)              an amount prescribed for the purpose of financing the Pig Research and Development Corporation (PRDC), not exceeding $1.00;

 

(b)              an amount prescribed for the purpose of financing the Australian Pork Corporation, not exceeding $2.50;

 

(c)              an amount prescribed for the purpose of financing exotic animal disease control and eradication, not exceeding 1.5 cents.

 

Subsection 6(2) of the Levy Act requires the Governor-General, before making regulations prescribing an amount for the purposes of paragraph 6(1)(a), to take Into

 

consideration any recommendation made to the Minister for Primary Industries and Energy by the PRDC. Subsection 6(2) also provides that regulations shall not be made prescribing an amount for the purposes of paragraph 6(1)(a) that is greater than the amount last recommended by the PRDC to the minister for Primary Industries and Energy.

 

The PRDC recommended to the Minister for Primary Industries and Energy that the rate of pig slaughter levy for the purposes of paragraph 6(1)(a) of the Levy Act be increased from 40 cents to 55 cents, commencing 1 July 1991 (see Attachment). The PRDC is seeking the rate increase in the pig slaughter levy to fund its Research and Development Plan and Annual Operational Plan for 1991-92. The recommended rate meets the requirements of section 6 of the Levy Act.

 

All of the proposed Regulations, which would implement the recommended levy rates, are to commence on 1 July 1991.

 

91R141DOC

91R142DOC

91R143DOC

91R144DOC

91R145DOC

91R146DOC

91R147DOC

 

ATTACHMENT

 

EXANDIS - PROPOSED CONTRIBUTION RATES 1991-92

 

LEGISLATION

 

Dairy Produce Levy (No. 1) Act 1986

(sub-section 7(4A))

 

Laying Chicken Levy Act 1988 (paragraph 7(b))

 

Live-stock Slaughter Levy Act 1964 (section 6)

 

 

Meat Chicken Levy Act 1969

(paragraph 7(1)(b))

 

Pig Slaughter Levy Act 1971

(paragraph 6(1)(c))


LEVY PROPOSED ($)

 

 

0.03438(cent/kg milk fat)

 

 

0.0025(cent/laying chicken)

 

 

Buffaloes 2.9649 (cent/head) Sheep 0.1727 ( " ) Lambs 0.1727  ( " )

Goats 0.075 ( " ) 0.013706(cent per head)

 

 

1.433(cent/head)

 


SPECIFIED MAXIMUM

 

0.066

 

 

0.0025

 

 

Nil

 

 

 

0.05

 

 

1.5

 

LEGISLATION

 

Australian Meat & Live-stock Corporation Act 1977 (subsection 34A(1))

 

Wool Marketing Act 1987 (subsection 53A(1))
COMMODITY

 

 

Cattle/calves Wool


PAYMENT

$ 270,355

329,625

PRDC - PROPOSED OPERATIVE LEVY RATE

 

 

LEGISLATION

 

Pig Slaughter Levy Act 1971

(paragraph 6(1)(a))


LEVY

 

 

55(cents/head)


SPECIFIED MAXIMUM

 

$1.00

 

Overview

The Wool Marketing Regulations (Amendment) 1991 No. 105, issued under the authority of the Minister of State for Primary Industries and Energy, were enacted to amend the Wool Marketing Regulations 1990 to prescribe the operative exotic disease levy rates for the 1991-92 financial year. This amendment followed recommendations made by the National Farmers' Federation (NFF) members of the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and was necessary to ensure compliance with the provisions of the Wool Marketing Act 1987 and other related Acts, such as the Australian Meat & Livestock Corporation Act 1977 and the Exotic Animal Disease Control Act 1989. These Acts facilitate the imposition of levies for purposes including exotic disease control and research and development in the livestock industry. The policy objective of these regulations is to maintain appropriate funding levels for disease control and research initiatives, ensuring the health and productivity of the livestock sector in Australia. The amendment to the Laying Chicken Levy Regulations introduced an exotic disease levy for laying chickens for the first time, at a rate of 0.0025 cent per laying chicken, while also maintaining the research and development levy at 5.75 cents per laying chicken. Additionally, the Pig Slaughter Levy Regulations were amended to increase the levy rate for financing the Pig Research and Development Corporation from 40 cents to 55 cents per pig, as recommended by the Pig Research and Development Corporation (PRDC). This increase was intended to support the PRDC's Research and Development Plan and Annual Operational Plan for 1991-92. All changes were to take effect from 1 July 1991.

Scope and Application

The Wool Marketing Regulations (Amendment) 1991 No. 105 apply to the operations and transactions of the Australian Meat & Livestock Corporation and the Wool Marketing Corporation, as specified in the Australian Meat & Livestock Corporation Act 1977 and the Wool Marketing Act 1987 respectively. The Regulations establish the rates for the exotic disease levies for the 1991-92 financial year for various livestock industries, including dairy produce, laying chickens, livestock slaughter, meat chickens, pigs, and wool. These rates are determined based on recommendations from the Exotic Animal Disease Preparedness Consultative Council (EXANDIS), which is established under the Exotic Animal Disease Control Act 1989, and other relevant industry bodies. The amendments to the regulations are necessary to set the appropriate levy rates to fund the control and eradication of exotic animal diseases, as well as research and development initiatives for the respective industries. The maximum rates specified in the relevant Acts must not be exceeded, and the amendments will commence on 1 July 1991.

Key Provisions

The Wool Marketing Regulations (Amendment) 1991 No. 105 provides amendments to various Acts concerning levies for exotic disease control and other purposes. The operative sections of these Acts, including the Australian Meat & Livestock Corporation Act 1977, the Dairy Produce Levy (No. 1) Act 1986, the Laying Chicken Levy Act 1988, the Livestock Slaughter Levy Act 1964, the Meat Chicken Levy Act 1969, the Pig Slaughter Levy Act 1971, and the Wool Marketing Act 1987, allow the Governor-General to make regulations prescribing levy rates for exotic disease purposes and other specific purposes, such as financing research and development corporations. The regulations must consider recommendations from relevant bodies and cannot exceed the last recommended rates unless specified otherwise in the relevant Act. The Act imposes obligations on the parties it governs, including the requirement for the Governor-General to consider recommendations from bodies like the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and the Pig Research and Development Corporation (PRDC) when setting levy rates. The Act also mandates that these recommendations cannot be exceeded unless specified in the respective Act. For example, the PRDC recommended an increase in the pig slaughter levy rate for the 1991-92 financial year to fund its research and development plans, and this recommendation must be considered by the Governor-General. The Regulations include provisions for offences and penalties for non-compliance, although specific penalties are not detailed in the explanatory statement. Generally, breaches of these regulations could lead to civil or criminal consequences depending on the nature and severity of the offence. The Acts themselves provide for maximum rates for the levies, and exceeding these rates without proper authorization would likely result in legal repercussions. For instance, exceeding the maximum rate specified for the pig slaughter levy could result in penalties as outlined in the Pig Slaughter Levy Act 1971. Overall, the Wool Marketing Regulations (Amendment) 1991 No. 105 aims to ensure that levy rates are set in consultation with relevant stakeholders and within the legal limits specified in the respective Acts. This structured approach helps maintain financial stability and compliance in the administration of these levies for the purposes of disease control and research.

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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.