Australian Meat and Live-stock Industry Regulations 1998

Statutory Rules 1998 No. 107 as amended

made under the

Australian Meat and Live-stock Industry Act 1997 and the Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997

This compilation was prepared on 6 October 2011
taking into account amendments up to SLI 2011 No. 171

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Commencement [see Note 1]

 3 Definitions 

 3A Quota variation fee 

 4 Prescribed industry bodies 

 5 Gross value of production of the industry 

 6 Payments that may be made by the marketing body 

 7 Industry bodies that may receive payments, assets and liabilities, or to which staff have transferred             

Notes  

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Australian Meat and Livestock Industry Regulations 1998.

2 Commencement [see Note 1]

  These Regulations commence when Part 3 of the Australian Meat and Live-stock Industry Act 1997 commences.

3 Definitions

  In these Regulations:

Industry Act means the Australian Meat and Live-stock Industry Act 1997.

licensee has the same meaning as in the Industry Act.

quota document has the same meaning as in the Quotas Act.

quota entitlement means the quantity of a kind of goods that a quota holder has a right to export in the period specified in the holder’s quota document for the goods.

Note   See subsection 3 (1) of the Quotas Act for the meaning of goods. Expressions in Division 3 of Part 2 of the Industry Act have the same meaning as in subsection 3 (1) of the Quotas Act — see section 26 of the Industry Act.

quota holder means a licensee who holds a quota granted under section 6 of the Quotas Act in relation to a kind of goods.

quota year means:

 (a) for a quota to export high quality beef to the European Union — a financial year commencing on 1 July; and

 (b) for a quota to export any other kind of goods — a calendar year.

Quotas Act means the Australian Meat and Live-stock (Quotas) Act 1990.

3A Quota variation fee

 (1) For paragraph 28 (3) (b) of the Industry Act, the fee payable for each kilogram of quota to export high quality beef to the European Union is:

 (a) for the quota year commencing on 1 July 2011 — 0.2 of a cent; and

 (b) for a subsequent quota year — 0.26 of a cent.

 (1A) For paragraph 28 (3) (b) of the Industry Act, the fee payable for each kilogram of quota to export any other kind of goods is:

 (a) for the quota year commencing on 1 January 2011 — 0.2 of a cent; and

 (b) for the quota year commencing on 1 January 2012, and each subsequent quota year — 0.26 of a cent.

 (2) The fee is payable to:

  Department of Agriculture, Fisheries and Forestry

  Quota Administration and Statistics Unit

  GPO Box 858

  CANBERRA ACT 2601

  fax: 02 6272 4585.

4 Prescribed industry bodies

  For section 59 of the Industry Act, the following bodies are prescribed:

 (a) the Sheepmeat Council of Australia Inc.;

 (b) the Cattle Council of Australia Inc.;

 (c) the Australian Lot Feeders Association;

 (d) the Australian Meat Industry Council;

 (f) the Australian Livestock Exporters Council Limited;

 (g) the Goat Industry Council of Australia;

 (h) the Red Meat Advisory Council Limited.

5 Gross value of production of the industry

 (1) For subsection 66 (4) of the Industry Act, the Secretary must determine the amount of the gross value of production of the industry for a financial year:

 (a) if the determination is made before the Australian Bureau of Agricultural and Resource Economics (ABARE) provides figures showing the gross value of live-stock production for the previous financial year — in accordance with the formula:

; and

 (b) if the determination is made after ABARE provides figures showing the gross value of live-stock production for the previous financial year — in accordance with the formula:

; and

where:

GVPI is the gross value of production of the industry for the financial year.

EGVLP1 is the estimated gross value of live-stock production for the financial year (calculated using figures provided by ABARE).

EGVLP2 is the estimated gross value of live-stock production for the previous financial year (calculated using figures provided by ABARE estimating the gross value of livestock production in that year).

GVLP2 is the gross value of live-stock production for the previous financial year (calculated using figures provided by ABARE).

GVLP3 is the gross value of live-stock production in the financial year before the previous financial year (calculated using figures provided by ABARE).

 (2) For subregulation (1), the gross value of live-stock production in a financial year is an amount equal to the sum of the gross values of:

 (a) cattle, sheep, lambs and goats slaughtered in that financial year; and

 (b) cattle, sheep, lambs and goats exported live in that financial year; and

 (c) sheep skins from which the wool has been removed in that financial year; and

 (d) hides produced in that financial year.

6 Payments that may be made by the marketing body

  For paragraphs 67 (1) (c), 67 (2) (c) and 67 (3) (b) of the Industry Act, the following payments are prescribed:

 (a) payments for a purpose connected with the setting of standards for meat classification and meat classification language for the industry;

 (b) payments for the purpose of managing an industry-wide grading system;

 (c) payments for the purpose of managing industry-wide meat safety and hygiene.

7 Industry bodies that may receive payments, assets and liabilities, or to which staff have transferred

  For Parts 3 and 4 of Schedule 5 to the Australian Meat and Live-Stock Industry (Repeals and Consequential Provisions) Act 1997, the following industry bodies are prescribed:

 (a) Meat & Livestock Australia Limited;

 (b) Australian Meat Processor Corporation Limited;

 (c) Australian Livestock Export Corporation Limited;

 (d) AUS-MEAT Limited;

 (e) Red Meat Advisory Council Limited.

Notes to the Australian Meat and Live-stock Industry Regulations 1998

Note 1

The Australian Meat and Live-stock Industry Regulations 1998 (in force under the Australian Meat and Live-stock Industry Act 1997 and the Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997) as shown in this compilation comprise Statutory Rules 1998 No. 107 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1998 No. 107

27 May 1998

1 July 1998 (see r. 2 and Gazette 1998, No. GN22)

 

2000 No. 341

20 Dec 2000

20 Dec 2000

2002 No. 136

27 June 2002

27 June 2002

2003 No. 234

18 Sept 2003

18 Sept 2003

2003 No. 274

7 Nov 2003

7 Nov 2003

2010 No. 215

22 July 2010 (see F2010L02112)

23 July 2010

2011 No. 171

5 Oct 2011 (see F2011L02029)

6 Oct 2011

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Heading to r. 3..........

rs. 2010 No. 215

R. 3.................

am. 2000 No. 341; 2002 No. 136; 2010 No. 215; 2011
No. 171

Heading to r. 3A........

rs. 2010 No. 215

R. 3A................

ad. 2000 No. 341

 

am. 2003 No. 274; 2010 No. 215; 2011 No. 171

R. 4.................

am. 2003 No. 234