Commonwealth Numbered Regulations - Explanatory Statements

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CATTLE EXPORT CHARGE REGULATIONS (AMENDMENT) 1996 NO. 166

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 166

Issued by the Authority of the Minister for Primary Industries and Energy

Cattle Export: Charges Act 1990

Cattle Export Charge Regulations (Amendment)

The Cattle Export Charges Act 1990 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The Act provides for the imposition of charges on the export from Australia of cattle, other than dairy cattle, covering separately export if the cattle transaction levy under the Cattle Transaction Levy Act 1995 has not been paid, and is not payable, as well situations where the cattle have been purchased and held by the exporter prior to export for a period longer than specified by the Act.

There are currently four charges components of the Act funding the Meat Industry Council, the Meat Research Corporation, the Australian Meat and Live-stock Corporation and the National Cattle Disease Eradication Trust Account respectively. The rate payable to the National Cattle Disease Eradication Trust Account for chargeable exports (per head of cattle) dealings can be set by regulation.

The regulations decrease the National Cattle Disease Eradication Trust Account component in both instances by 14 cents, implementing Cattle Council of Australia (CCA) recommendations. The rate of the charges is reduced to 30 cents from the previous 44 cents per head exported provided for in the Act. The variation affects only the component paid to the National Cattle Disease Eradication Trust Account, and only adult cattle.

Both of these export charges are complementary to those levies specified in the Cattle Transaction Levy Act 1995. The CCA is recognised as the peak industry body representing cattle producers, the principal levy payers. At its Annual General Meeting held on 29/30 April 1996, the CCA resolved to ask the Minister for Primary Industries and Energy to reduce this charge. This CCA request to the Minister was forwarded on 23 May 1996 (copy attached).

The purpose of the National Cattle Disease Eradication Trust Account is to receive the disease eradication component of cattle industry levies/charges collected by the Commonwealth and to make payments associated with the eradication of any disease in cattle that is endemic in Australia.

The reason for the reduction is the current 'healthy' level of the trust fund, combined with the Brucellosis & Tuberculosis Eradication Campaign projected low program costs post 1997.

Details of the proposed regulations are as follows:

Regulation 1 provides for a commencement date of 1 August 1996.

Regulation 2 provides for the Cattle Export Charge Regulations to be amended by the Cattle Export Charge Regulations (Amendment) Regulations.

Regulation 3 is a citation provision, requiring the omission of "Charge", and substitution of "Charges" for these regulations, to align these regulations with the name of the Act which was changed in 1995.

Regulation 4 is an interpretation provision.

Regulation 5 is a new regulation, prescribing in sub-clause 5(1) in accordance with subparagraphs 6A(1) (d) (v) of the Act, the rate of 30 cents (replacing the current rate of 44 cents), and prescribing in subclause 5(2) in accordance with subparagraphs 6A(3) (d) of the Act, the rate of 30 cents (replacing the current rate of 44 cents).