Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 234

EXPLANATORY STATEMENT

STATUTORY RULES 2003 No. 234

Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

Australian Meat and Live-stock Industry Act 1997

Australian Meat and Live-stock Industry Amendment Regulations 2003 (No. 1)

Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2003 (No. 1)

Section 74 of the Australian Meat and Live-stock Industry Act 1997 (the Act) provides that the Governor-General may make regulations prescribing all matters that are required or permitted by the Act to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The purpose of the amending regulations is to amend the Australian Meat and Live-stock Industry Regulations 1998 and the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 by substituting references to the National Meat Association of Australia and the Australian Meat Council Ltd with references to the Australian Meat Industry Council.

The National Meat Association of Australia and the Australian Meat Council Ltd recently merged to form the Australian Meat Industry Council.

The inclusion of the Australian Meat Industry Council in regulation 4 of the Australian Meat and Live-stock Industry Regulations 1998 will mean that it will join six other industry bodies as a prescribed industry body for the purposes of section 59 of the Act. Section 59 requires that the Minister must, in exercising the powers of the Minister under Part 3 (ie sections 58 to 68) of the Act, have regard to any broad policies formulated jointly by prescribed industry bodies. The powers of the Minister under Part 3 of the Act include the power under section 60 to declare a research body (currently Meat & Livestock Australia Limited) and a marketing body (also currently Meat & Livestock Australia Limited), and the power under section 67 to impose conditions to be met by the research body in relation to the payments by the Commonwealth to that research body.

The inclusion of the Australian Meat Industry Council in regulation 5 of the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 will mean that it will join six other industry bodies as a prescribed industry body for the purposes of section 9 of the Act. Section 9 requires that the Secretary of the Department of Agriculture, Fisheries and Forestry (the Secretary) must, in exercising the powers of the Secretary under Divisions 2 and 3 of Part 2 (ie sections 10 to 33) of the Act, have regard to any broad policies formulated jointly by prescribed industry bodies. The powers of the Secretary under Divisions 2 and 3 of Part 2 of the Act include the power under section 10 to grant export licences, and the power under section 17 to make written orders and give written directions, not inconsistent with the regulations, to be complied with by the holders of export licences.

The amending regulations commence on gazettal.


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