An Act relating to the Australian meat and live‑stock industry, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Australian Meat and Live‑stock Industry Act 1997.
2 Commencement
(1) Part 1 of this Act commences on the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the other provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) If a provision of this Act does not commence under subsection (2) within 9 months after the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
3 Definitions
In this Act, unless the contrary intention appears:
cattle means bovine animals other than buffaloes.
edible offal means any edible portion, other than the flesh, of cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of the definition of meat.
industry means the meat and live‑stock industry.
live‑stock means cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of this definition.
meat means the fresh or preserved flesh of cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of this definition, and includes meat products, meat by‑products and edible offal, but does not include meat of a kind declared by the regulations to be, for the purposes of this Act, unfit for human consumption.
meat by‑product includes skin, hide, tallow, meat meal and inedible offal.
meat product means food prepared from or containing meat, and includes canned meat.
Secretary means the Secretary of the Department.
4 Crown to be bound
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
5 Application of this Act
This Act applies both within and outside Australia.
Part 3—Industry marketing and research bodies, and approved donors
Division 1—Preliminary
58 Definitions
In this Part:
approved donor means a body for the time being declared to be an approved donor under section 61.
industry marketing body means the body for the time being declared to be the industry marketing body under subsection 60(1).
industry research body means the body for the time being declared to be the industry research body under subsection 60(2).
live‑stock export marketing body means the body for the time being declared to be the live‑stock export marketing body under subsection 60(3).
live‑stock export research body means the body for the time being declared to be the live‑stock export research body under subsection 60(3A).
meat processor marketing body means the body for the time being declared to be the meat processor marketing body under subsection 60(3AA).
meat processor research body means the body for the time being declared to be the meat processor research body under subsection 60(3AB).
59 Minister must have regard to industry policies
The Minister must, in exercising the powers of the Minister under this Part, have regard to any broad policies formulated jointly by prescribed industry bodies.
Division 2—Declaration of industry bodies and approved donors
60 Declaration of industry bodies
(1) The Minister may, by legislative instrument, declare a body to be the industry marketing body.
(2) The Minister may, by legislative instrument, declare a body to be the industry research body.
(3) The Minister may, by legislative instrument, declare a body to be the live‑stock export marketing body.
(3A) The Minister may, by legislative instrument, declare a body to be the live‑stock export research body.
(3AA) The Minister may, by legislative instrument, declare a body to be the meat processor marketing body.
(3AB) The Minister may, by legislative instrument, declare a body to be the meat processor research body.
(3B) The Minister may do any or all of the following:
(a) declare the same body to be both the industry marketing body and the industry research body;
(b) declare the same body to be both the live‑stock export marketing body and the live‑stock export research body;
(ba) declare the same body to be both the meat processor marketing body and the meat processor research body;
but the Minister must not:
(c) declare the same body to be either the industry marketing body or the industry research body, or both, and also to be either the live‑stock export marketing body or the live‑stock export research body, or both; or
(ca) declare the same body to be either the industry marketing body or the industry research body, or both, and also to be either the meat processor marketing body or the meat processor research body, or both; or
(cb) declare the same body to be either the meat processor marketing body or the meat processor research body, or both, and also to be either the live‑stock export marketing body or the live‑stock export research body, or both; or
(d) declare more than one industry marketing body, more than one industry research body, more than one live‑stock export marketing body, more than one live‑stock export research body, more than one meat processor marketing body or more than one meat processor research body at any one time.
(4) The Minister must not declare a body to be the industry marketing body unless satisfied:
(a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its membership, its constitution, and any undertakings it has given, or agreements or arrangements it has entered into with other industry representatives or the Minister (or both), whether before or after the commencement of this section, the body can appropriately represent the industry’s marketing, promotion or other prescribed interests; and
(c) that the body has consented to the declaration.
(5) The Minister must not declare a body to be the industry research body unless satisfied:
(a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its membership, its constitution, and any undertakings it has given, or agreements or arrangements it has entered into with other industry representatives or the Minister (or both), whether before or after the commencement of this section, the body can appropriately represent the industry in relation to the industry’s research and development interests; and
(c) that the body has consented to the declaration.
(5A) The Minister must not declare a body to be the live‑stock export marketing body unless satisfied:
(a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its membership, its constitution, and any undertakings it has given, or agreements or arrangements it has entered into with other industry representatives or the Minister (or both), whether before or after the commencement of this section, the body can appropriately represent that part of the industry that relates to the export of live‑stock, in relation to that part of the industry’s marketing, promotion or other prescribed interests; and
(c) that the body has consented to the declaration.
(5B) The Minister must not declare a body to be the live‑stock export research body unless satisfied:
(a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its membership, its constitution, and any undertakings it has given, or agreements or arrangements it has entered into with other industry representatives or the Minister (or both), whether before or after the commencement of this section, the body can appropriately represent that part of the industry that relates to the export of live‑stock, in relation to that part of the industry’s research and development interests; and
(c) that the body has consented to the declaration.
(6) The Minister must not declare a body to be the meat processor marketing body unless satisfied:
(a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its membership, its constitution, and any undertakings it has given, or agreements or arrangements it has entered into with other industry representatives or the Minister (or both), whether before or after the commencement of this section, the body can appropriately represent that part of the industry that relates to the slaughter and processing of meat, in relation to that part of the industry’s marketing, promotion or other prescribed interests; and
(c) that the body has consented to the declaration.
(7) The Minister must not declare a body to be the meat processor research body unless satisfied:
(a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its membership, its constitution, and any undertakings it has given, or agreements or arrangements it has entered into with other industry representatives or the Minister (or both), whether before or after the commencement of this section, the body can appropriately represent that part of the industry that relates to the slaughter and processing of meat, in relation to that part of the industry’s research and development interests; and
(c) that the body has consented to the declaration.
61 Declaration of approved donors
(1) The Minister may, by legislative instrument, declare a body (other than the industry research body) to be an approved donor.
(2) The Minister must not declare a body to be an approved donor unless satisfied:
(a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and
(b) that, having regard to its membership, its constitution, and any undertakings it has given, or agreements or arrangements it has entered into with other industry bodies or the Minister (or both), whether before or after the commencement of this section, the body can appropriately represent the industry in relation to the industry’s research and development interests; and
(c) that the body has consented to the declaration.
62 Bodies to inform Minister about changes to their constitution
The industry marketing body, the industry research body, the live‑stock export marketing body, the live‑stock export research body, the meat processor marketing body, the meat processor research body or an approved donor must, as soon as practicable, after any alteration of its constitution is made, give the Minister a written notice setting out the alteration and explaining its effect.
Division 3—Payments to industry bodies
63 Payments to the industry marketing body
(1A) There is to be paid to the industry marketing body, at the times, and in the manner and subject to the conditions agreed between the Minister and the body, amounts equal to:
(a) amounts of levy received by the Commonwealth because of paragraphs 4(1)(a), (3)(a) and (4)(a) of Schedule 18 to the Primary Industries (Excise) Levies Act 1999; and
(c) amounts of charge received by the Commonwealth because of paragraphs 3(a), 4(a) and 5(a) of Schedule 12 to the Primary Industries (Customs) Charges Act 1999; and
(f) amounts of charge received by the Commonwealth because of paragraphs 3(1)(a) and (2)(a) of Schedule 3 to the Primary Industries (Customs) Charges Act 1999; and
(h) amounts of levy received by the Commonwealth because of paragraphs 6(1)(a), (2)(a) and (3)(a) of Schedule 3 to the Primary Industries (Excise) Levies Act 1999.
(1) There is to be paid to the industry marketing body, at the times, in the manner and subject to the conditions agreed between the Minister and the body, amounts equal to:
(a) the amounts of levy received by the Commonwealth because of paragraphs 6(1)(a), 7(a) and 8(1)(a) of the repealed Live‑stock Transactions Levy Act 1997; and
(b) the amounts of levy received by the Commonwealth because of paragraphs 6(a), 7(a) and 8(a) of the repealed Live‑stock Slaughter (Processors) Levy Act 1997; and
(c) the amounts of charge received by the Commonwealth because of paragraphs 5(a), 6(a) and 7(a) of the repealed Live‑stock (Producers) Export Charges Act 1997; and
(d) the amounts of charge received by the Commonwealth because of paragraphs 5(a), 6(a) and 7(a) of the repealed Live‑stock (Exporters) Export Charge Act 1997; and
(e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(a) of the repealed Beef Production Levy Act 1990; and
(f) the amounts of charge received by the Commonwealth because of paragraphs 5(1)(a) and 5(2)(a) of the repealed Cattle (Producers) Export Charges Act 1997; and
(g) the amounts of charge received by the Commonwealth because of paragraph 6(1)(a) of the repealed Cattle (Exporters) Export Charge Act 1997; and
(h) the amounts of levy received by the Commonwealth because of paragraphs 7(1)(a), 7(2)(a) and 7(3)(a) of the repealed Cattle Transactions Levy Act 1997;
in respect of transactions or activities that take place after the commencement of this Part.
(2) The amounts payable to the industry marketing body under this section are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
64 Payments to the industry research body
(1A) There is to be paid to the industry research body, at the times, and in the manner and subject to the conditions agreed between the Minister and the body, amounts equal to:
(a) amounts of levy received by the Commonwealth because of paragraphs 4(1)(b), (3)(b) and (4)(b) of Schedule 18 to the Primary Industries (Excise) Levies Act 1999; and
(c) amounts of charge received by the Commonwealth because of paragraphs 3(b), 4(b) and 5(b) of Schedule 12 to the Primary Industries (Customs) Charges Act 1999; and
(f) amounts of charge received by the Commonwealth because of paragraphs 3(1)(b) and (2)(b) of Schedule 3 to the Primary Industries (Customs) Charges Act 1999; and
(h) amounts of levy received by the Commonwealth because of paragraphs 6(1)(b), (2)(b) and (3)(b) of Schedule 3 to the Primary Industries (Excise) Levies Act 1999.
(1) There is to be paid to the industry research body, at the times, in the manner and subject to the conditions agreed between the Minister and the body, amounts equal to:
(a) the amounts of levy received by the Commonwealth because of paragraphs 6(1)(b), 7(b) and 8(1)(b) of the repealed Live‑stock Transactions Levy Act 1997; and
(b) the amounts of levy received by the Commonwealth because of paragraphs 5(b), 6(b) and 7(b) of the repealed Live‑stock Slaughter (Processors) Levy Act 1997; and
(c) the amounts of charge received by the Commonwealth because of paragraphs 5(b), 6(b) and 7(b) of the repealed Live‑stock (Producers) Export Charges Act 1997; and
(d) the amounts of charge received by the Commonwealth because of paragraphs 7(b), 8(b) and 9(b) of the repealed Live‑stock (Exporters) Export Charge Act 1997; and
(e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(b) of the repealed Beef Production Levy Act 1990; and
(f) the amounts of charge received by the Commonwealth because of paragraphs 5(1)(b) and 5(2)(b) of the repealed Cattle (Producers) Export Charges Act 1997; and
(g) the amounts of charge received by the Commonwealth because of paragraph 6(1)(b) of the repealed Cattle (Exporters) Export Charge Act 1997; and
(h) the amounts of levy received by the Commonwealth because of paragraphs 7(1)(b), 7(2)(b) and 7(3)(b) of the repealed Cattle Transactions Levy Act 1997;
in respect of transactions or activities that take place after the commencement of this Part.
(2) The amounts payable to the industry research body under this section are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
64A Payments to the live‑stock export marketing body
(1) There is to be paid to the live‑stock export marketing body, at the times, and in the manner and subject to the conditions agreed between the Minister and the body, amounts equal to:
(a) amounts of charge received by the Commonwealth because of paragraph 3(1)(a) of Schedule 2 to the Primary Industries (Customs) Charges Act 1999; and
(b) amounts of charge received by the Commonwealth because of paragraphs 3(a), 4(a) and 5(a) of Schedule 11 to the Primary Industries (Customs) Charges Act 1999.
(2) The amounts payable to the live‑stock export marketing body under this section are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
64B Payments to the live‑stock export research body
(1) There is to be paid to the live‑stock export research body, at the times, and in the manner and subject to the conditions agreed between the Minister and the body, amounts equal to:
(a) amounts of charge received by the Commonwealth because of paragraph 3(1)(b) of Schedule 2 to the Primary Industries (Customs) Charges Act 1999; and
(b) amounts of charge received by the Commonwealth because of paragraphs 3(b), 4(b) and 5(b) of Schedule 11 to the Primary Industries (Customs) Charges Act 1999.
(2) The amounts payable to the live‑stock export research body under this section are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
64C Payments to the meat processor marketing body
(1) There is to be paid to the meat processor marketing body, at the times, and in the manner and subject to the conditions agreed between the Minister and the body, amounts equal to:
(a) amounts of levy received by the Commonwealth because of paragraph 3(1)(a) of Schedule 1 to the Primary Industries (Excise) Levies Act 1999; and
(b) amounts of levy received by the Commonwealth because of paragraphs 3(1)(a), (2)(a) and (3)(a) of Schedule 17 to the Primary Industries (Excise) Levies Act 1999.
(2) The amounts payable to the meat processor marketing body under this section are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
64D Payments to the meat processor research body
(1) There is to be paid to the meat processor research body, at the times, and in the manner and subject to the conditions agreed between the Minister and the body, amounts equal to:
(a) amounts of levy received by the Commonwealth because of paragraph 3(1)(b) of Schedule 1 to the Primary Industries (Excise) Levies Act 1999; and
(b) amounts of levy received by the Commonwealth because of paragraphs 3(1)(b), (2)(b) and (3)(b) of Schedule 17 to the Primary Industries (Excise) Levies Act 1999.
(2) The amounts payable to the meat processor research body under this section are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
65 References to amounts of levy and amounts of charge
(1) A reference in paragraph 63(1)(b), 63(1)(e), 64(1)(b), 64(1)(e), 64C(1)(a), 64C(1)(b), 64D(1)(a) or 64D(1)(b) to amounts of levy received by the Commonwealth includes a reference to amounts received under subsection 7(2) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph.
(2) A reference in paragraph 63(1A)(c), 63(1A)(f), 63(1)(c), 63(1)(d), 63(1)(f), 63(1)(g), 64(1A)(c), 64(1A)(f), 64(1)(c), 64(1)(d), 64(1)(f), 64(1)(g), 64A(1)(a), 64A(1)(b), 64B(1)(a) or 64B(1)(b) to amounts of charge received by the Commonwealth includes a reference to amounts received under subsection 7(3) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of charge referred to in that paragraph.
(3) A reference in paragraph 63(1A)(a), 63(1A)(h), 63(1)(a), 63(1)(h), 64(1A)(a), 64(1A)(h), 64(1)(a) or 64(1)(h) to amounts of levy received by the Commonwealth includes a reference to amounts received under subsection 7(1) or (2) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph.
66 Commonwealth’s matching payments
(1) Subject to this section, there is also to be paid to the industry research body out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to one‑half of:
(a) the amounts from time to time paid by the industry research body under paragraphs 67(2)(b) and (c); and
(b) the amounts from time to time paid by the industry research body for industry research and development purposes approved in writing by the Minister, being amounts so paid from amounts received by that body from approved donors for industry research and development purposes.
(2) The sum of the amounts paid to the industry research body under subsection (1) must not be greater than the sum of:
(a) the amounts paid to the industry research body under subsections 64(1A) and (1), other than amounts related to amounts received by the Commonwealth by way of penalty; and
(b) the amounts paid to the industry research body by approved donors for industry research and development purposes.
(3) The payments made under subsection (1) to the industry research body during a particular financial year are subject to the condition that, if:
(a) before the end of 31 October next following the financial year, the Secretary determines the amount of the gross value of production of the industry for the financial year; and
(b) as at the end of 31 October next following the financial year, the sum of the amounts that were paid to the industry research body under subsection (1) during the financial year exceeds 0.5% of the amount of the gross value of production of the industry for the financial year as determined by the Secretary;
the industry research body will pay to the Commonwealth an amount equal to the excess.
Note: This ensures that the sum of the amounts that are retained by the industry research body in relation to the financial year does not exceed 0.5% of the amount of the gross value of production of the industry for the financial year as determined by the Secretary.
(3A) If:
(a) before the end of 31 October next following a financial year, the Secretary has not determined under subsection (3) the amount of the gross value of production of the industry for the financial year; and
(b) the Secretary has determined under subsection (3) the amount of the gross value of production of the industry for the previous financial year;
the Secretary is taken to have made, immediately before the end of that 31 October, a determination under subsection (3) that the amount of the gross value of production of the industry for the financial year is equal to the amount of the gross value of production of the industry determined under subsection (3) for the previous financial year.
(3B) An amount payable under subsection (3) by the industry research body:
(a) is a debt due to the Commonwealth; and
(b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.
(3C) A determination made under subsection (3) is not a legislative instrument.
(4) The regulations may provide for the way in which the Secretary is to determine the amount of the gross value of production of the industry for a financial year.
(5) If:
(a) an amount (the first amount) is payable by the industry research body under subsection (3); and
(b) another amount (the second amount) is payable by the Commonwealth to the industry research body under subsection (1);
the Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.
67 Application of money
(1) The amounts paid to the industry marketing body under section 63 may be applied by that body only:
(a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:
(i) the collection or recovery of amounts referred to in section 63; or
(ii) the administration of that section; and
(b) in making payments for or in connection with industry marketing or promotion and in accordance with the conditions (if any) on which the amounts were paid to that body under section 63; and
(c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.
(2) The amounts paid to the industry research body under section 64 may be applied by that body only:
(a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:
(i) the collection or recovery of amounts referred to in section 64; or
(ii) the administration of that section; and
(b) in making payments for or in connection with industry research and development and in accordance with the conditions (if any) on which the amounts were paid to that body under section 64; and
(c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.
(3) The amounts paid to the industry research body under section 66 may be applied by that body only:
(aa) in making payments to the Commonwealth under subsection 66(3); and
(a) in making payments for or in connection with industry research and development and in accordance with the conditions (if any) determined, by legislative instrument, by the Minister; and
(b) in making such other payments (if any), subject to such conditions (if any), as are prescribed.
(3A) The amounts paid to the live‑stock export marketing body under section 64A may be applied by that body only:
(a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:
(i) the collection or recovery of amounts referred to in section 64A; or
(ii) the administration of that section; and
(b) in making payments for or in connection with marketing or promotion relating to the export of live‑stock and in accordance with the conditions (if any) on which the amounts were paid to that body under section 64A; and
(c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.
(3B) The amounts paid to the live‑stock export research body under section 64B may be applied by that body only:
(a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:
(i) the collection or recovery of amounts referred to in section 64B; or
(ii) the administration of that section; and
(b) in making payments for or in connection with research and development relating to the export of live‑stock and in accordance with the conditions (if any) on which the amounts were paid to that body under section 64B; and
(c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.
(3C) The amounts paid to the meat processor marketing body under section 64C may be applied by that body only:
(a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:
(i) the collection or recovery of amounts referred to in section 64C; or
(ii) the administration of that section; and
(b) in making payments for or in connection with marketing and promotion relating to the slaughter and processing of meat and in accordance with the conditions (if any) on which the amounts were paid to that body under section 64C; and
(c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.
(3D) The amounts paid to the meat processor research body under section 64D may be applied by that body only:
(a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:
(i) the collection or recovery of amounts referred to in section 64D; or
(ii) the administration of that section; and
(b) in making payments for or in connection with research and development relating to the slaughter and processing of meat and in accordance with the conditions (if any) on which the amounts were paid to that body under section 64D; and
(c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.
68 Reimbursement of Commonwealth
If the Commonwealth pays a refund in respect of an amount of levy or charge referred to in section 63, 64, 64A, 64B, 64C or 64D, the body that received an amount equal to that amount of levy or charge must pay to the Commonwealth an amount equal to the refund.
Division 4—Reporting to Parliament in relation to live‑stock export bodies
68A Division applies if Minister and live‑stock export body enter into funding agreement
This Division applies if the Minister and a body (the live‑stock export body) that is:
(a) the live‑stock export marketing body; or
(b) the live‑stock export research body; or
(c) both of those bodies;
enter into an agreement (the funding agreement) on conditions as mentioned in whichever of subsection 64A(1) or 64B(1), or both, is applicable.
68B Reporting to Parliament about funding agreement and variations
The Minister must, within 14 sitting days of each House of the Parliament after:
(a) the day on which the funding agreement is entered into; and
(b) if the funding agreement is later agreed to be varied—the day on which the agreement to vary the funding agreement is entered into;
arrange for a copy of the funding agreement, or the agreement to vary, to be tabled in that House.
68C Reporting to Parliament about compliance with funding agreement
(1) The Minister must, as soon as practicable after the end of each financial year during the whole or part of which the funding agreement is in force, arrange for a report in accordance with subsection (2) to be tabled in each House of the Parliament.
(2) The report must:
(a) give details of the amounts paid to the body under whichever of subsection 64A(1) or 64B(1), or both, is applicable; and
(b) state whether the Minister is satisfied, on the basis of information provided by the body, that the spending by the body of those amounts complies with the funding agreement; and
(c) if the Minister is not so satisfied—give details of why the Minister is not so satisfied.
68D Minister to table live‑stock export body’s annual report in Parliament
If the live‑stock export body gives the Minister a copy of its annual report for any financial year during the whole or part of which the funding agreement is in force, the Minister must, as soon as practicable after receiving the copy, arrange for a copy to be tabled in each House of the Parliament.
Part 4—Miscellaneous
69 Ministerial directions
(1) The Minister may, in writing, direct a prescribed body to do the things specified in the direction.
(2) A prescribed body must not fail to comply with a direction given to it under this section, either intentionally or being reckless as to the direction.
Penalty: 300 penalty units
(3) The Minister must not give a direction unless the direction relates to one or more of the following:
(a) trade and commerce with other countries, and among the States;
(b) quarantine;
(c) foreign corporations, or trading or financial corporations formed within the limits of the Commonwealth;
(d) external affairs;
(e) any other matter with respect to which the Parliament has power to make laws under the Constitution.
(4) The Minister may only give a direction to a prescribed body if:
(a) the Minister is satisfied that, because of the existence of exceptional and urgent circumstances, it is in the national interest of Australia to do so; and
(b) before giving the direction, the Minister has given the directors of the body an adequate opportunity to discuss with the Minister the need for the proposed direction.
(5) The Minister must not give a direction to a prescribed body that would require the body to incur expenses greater than the amounts paid to the body under this Act and any amounts paid to the body under the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997.
(6) Subject to subsection (7), if the Minister gives a direction under this section, the Minister must cause a copy of the direction to be laid before each House of the Parliament within 15 sitting days of that House after the direction is given.
(7) Subsection (6) does not apply in relation to a direction given to a prescribed body if:
(a) the Minister, on the recommendation of the body, determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the body’s commercial activities; or
(b) the Minister determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the national interest of Australia.
(8) In this section:
prescribed body means:
(a) the industry marketing body within the meaning of Part 3; or
(b) the industry research body within the meaning of Part 3; or
(ba) the live‑stock export marketing body within the meaning of Part 3; or
(bb) the live‑stock export research body within the meaning of Part 3; or
(bc) the meat processor marketing body within the meaning of Part 3; or
(bd) the meat processor research body within the meaning of Part 3; or
(c) an industry body prescribed by regulations made under the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997 while that body holds money paid to it in accordance with that Act.
70 Delegations
(1) The Minister may, in writing, delegate all or any of his or her powers and functions under this Act (other than section 69) to:
(a) the Secretary; or
(b) an APS employee who holds or performs the duties of an SES Band 1 position, or an equivalent or higher position, in the Department.
(2) The Secretary may, in writing, delegate all or any of his or her powers under this Act to an APS employee who holds or performs the duties of an SES Band 1 position, or an equivalent or higher position, in the Department.
71 Compensation for acquisition of property
(1) If, apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by the Commonwealth such reasonable amount of compensation as is agreed between the person and the Commonwealth or, failing agreement, as is determined by a court of competent jurisdiction.
(2) In this section:
acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.
72 Minister not to be taken to be a director of a company
The Minister is not taken to be a director of any body corporate for the purposes of the Corporations Act 2001 merely because of the powers to give directions conferred on the Minister by this Act.
74 Regulations
(1) The Governor‑General may make regulations prescribing all matters:
(a) that are required or permitted by this Act to be prescribed; or
(b) that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may prescribe penalties of not more than 10 penalty units for offences against the regulations.
