{"id":"C2004A05295","name":"Australian Meat and Live-stock Industry Act 1997","slug":"australian-meat-and-live-stock-industry-act-1997","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"206 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":51839,"registerId":"commonwealth-C2004A05295-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Meat and Live‑stock Industry Act 1997.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Part 1 of this Act commences on the day on which this Act receives the Royal Assent.\n  (2) Subject to subsection (3), the other provisions of this Act commence on a day or days to be fixed by Proclamation.\n  (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.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> cattle means bovine animals other than buffaloes.\n\n> 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.\n\n> industry means the meat and live‑stock industry.\n\n> live‑stock means cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of this definition.\n\n> 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.\n\n> meat by‑product includes skin, hide, tallow, meat meal and inedible offal.\n\n> meat product means food prepared from or containing meat, and includes canned meat.\n\n> Secretary means the Secretary of the Department.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Crown to be bound","content":"#### 4 Crown to be bound\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application of this Act","content":"#### 5 Application of this Act\n\n  This Act applies both within and outside Australia.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Industry marketing and research bodies, and approved donors","content":"An Act relating to the Australian meat and live‑stock industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Meat and Live‑stock Industry Act 1997.\n\n#### 2 Commencement\n\n  (1) Part 1 of this Act commences on the day on which this Act receives the Royal Assent.\n  (2) Subject to subsection (3), the other provisions of this Act commence on a day or days to be fixed by Proclamation.\n  (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.\n\n#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> cattle means bovine animals other than buffaloes.\n\n> 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.\n\n> industry means the meat and live‑stock industry.\n\n> live‑stock means cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of this definition.\n\n> 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.\n\n> meat by‑product includes skin, hide, tallow, meat meal and inedible offal.\n\n> meat product means food prepared from or containing meat, and includes canned meat.\n\n> Secretary means the Secretary of the Department.\n\n#### 4 Crown to be bound\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Application of this Act\n\n  This Act applies both within and outside Australia.\n\n## Part 3—Industry marketing and research bodies, and approved donors\n\n### Division 1—Preliminary\n\n#### 58 Definitions\n\n  In this Part:\n\n> approved donor means a body for the time being declared to be an approved donor under section 61.\n\n> industry marketing body means the body for the time being declared to be the industry marketing body under subsection 60(1).\n\n> industry research body means the body for the time being declared to be the industry research body under subsection 60(2).\n\n> 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).\n\n> 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).\n\n> meat processor marketing body means the body for the time being declared to be the meat processor marketing body under subsection 60(3AA).\n\n> meat processor research body means the body for the time being declared to be the meat processor research body under subsection 60(3AB).\n\n#### 59 Minister must have regard to industry policies\n\n  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.\n\n### Division 2—Declaration of industry bodies and approved donors\n\n#### 60 Declaration of industry bodies\n\n  (1) The Minister may, by legislative instrument, declare a body to be the industry marketing body.\n  (2) The Minister may, by legislative instrument, declare a body to be the industry research body.\n  (3) The Minister may, by legislative instrument, declare a body to be the live‑stock export marketing body.\n  (3A) The Minister may, by legislative instrument, declare a body to be the live‑stock export research body.\n  (3AA) The Minister may, by legislative instrument, declare a body to be the meat processor marketing body.\n  (3AB) The Minister may, by legislative instrument, declare a body to be the meat processor research body.\n  (3B) The Minister may do any or all of the following:\n    (a) declare the same body to be both the industry marketing body and the industry research body;\n    (b) declare the same body to be both the live‑stock export marketing body and the live‑stock export research body;\n    (ba) declare the same body to be both the meat processor marketing body and the meat processor research body;\n  but the Minister must not:\n    (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\n    (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\n    (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\n    (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.\n  (4) The Minister must not declare a body to be the industry marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5) The Minister must not declare a body to be the industry research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5A) The Minister must not declare a body to be the live‑stock export marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5B) The Minister must not declare a body to be the live‑stock export research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (6) The Minister must not declare a body to be the meat processor marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (7) The Minister must not declare a body to be the meat processor research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n\n#### 61 Declaration of approved donors\n\n  (1) The Minister may, by legislative instrument, declare a body (other than the industry research body) to be an approved donor.\n  (2) The Minister must not declare a body to be an approved donor unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n\n#### 62 Bodies to inform Minister about changes to their constitution\n\n  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.\n\n### Division 3—Payments to industry bodies\n\n#### 63 Payments to the industry marketing body\n\n  (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:\n    (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\n    (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\n    (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\n    (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.\n  (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:\n    (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\n    (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\n    (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\n    (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\n    (e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(a) of the repealed Beef Production Levy Act 1990; and\n    (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\n    (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\n    (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;\n  in respect of transactions or activities that take place after the commencement of this Part.\n  (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.\n\n#### 64 Payments to the industry research body\n\n  (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:\n    (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\n    (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\n    (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\n    (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.\n  (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:\n    (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\n    (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\n    (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\n    (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\n    (e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(b) of the repealed Beef Production Levy Act 1990; and\n    (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\n    (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\n    (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;\n  in respect of transactions or activities that take place after the commencement of this Part.\n  (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.\n\n#### 64A Payments to the live‑stock export marketing body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64B Payments to the live‑stock export research body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64C Payments to the meat processor marketing body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64D Payments to the meat processor research body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 65 References to amounts of levy and amounts of charge\n\n  (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.\n  (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.\n  (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.\n\n#### 66 Commonwealth’s matching payments\n\n  (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:\n    (a) the amounts from time to time paid by the industry research body under paragraphs 67(2)(b) and (c); and\n    (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.\n  (2) The sum of the amounts paid to the industry research body under subsection (1) must not be greater than the sum of:\n    (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\n    (b) the amounts paid to the industry research body by approved donors for industry research and development purposes.\n  (3) The payments made under subsection (1) to the industry research body during a particular financial year are subject to the condition that, if:\n    (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\n    (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;\n  the industry research body will pay to the Commonwealth an amount equal to the excess.\n\n> 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.\n\n  (3A) If:\n    (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\n    (b) the Secretary has determined under subsection (3) the amount of the gross value of production of the industry for the previous financial year;\n  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.\n  (3B) An amount payable under subsection (3) by the industry research body:\n    (a) is a debt due to the Commonwealth; and\n    (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.\n  (3C) A determination made under subsection (3) is not a legislative instrument.\n  (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.\n  (5) If:\n    (a) an amount (the first amount) is payable by the industry research body under subsection (3); and\n    (b) another amount (the second amount) is payable by the Commonwealth to the industry research body under subsection (1);\n  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.\n\n#### 67 Application of money\n\n  (1) The amounts paid to the industry marketing body under section 63 may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 63; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (2) The amounts paid to the industry research body under section 64 may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3) The amounts paid to the industry research body under section 66 may be applied by that body only:\n    (aa) in making payments to the Commonwealth under subsection 66(3); and\n    (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\n    (b) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3A) The amounts paid to the live‑stock export marketing body under section 64A may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64A; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3B) The amounts paid to the live‑stock export research body under section 64B may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64B; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3C) The amounts paid to the meat processor marketing body under section 64C may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64C; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.\n  (3D) The amounts paid to the meat processor research body under section 64D may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64D; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.\n\n#### 68 Reimbursement of Commonwealth\n\n  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.\n\n### Division 4—Reporting to Parliament in relation to live‑stock export bodies\n\n#### 68A Division applies if Minister and live‑stock export body enter into funding agreement\n\n  This Division applies if the Minister and a body (the live‑stock export body) that is:\n    (a) the live‑stock export marketing body; or\n    (b) the live‑stock export research body; or\n    (c) both of those bodies;\n  enter into an agreement (the funding agreement) on conditions as mentioned in whichever of subsection 64A(1) or 64B(1), or both, is applicable.\n\n#### 68B Reporting to Parliament about funding agreement and variations\n\n  The Minister must, within 14 sitting days of each House of the Parliament after:\n    (a) the day on which the funding agreement is entered into; and\n    (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;\n  arrange for a copy of the funding agreement, or the agreement to vary, to be tabled in that House.\n\n#### 68C Reporting to Parliament about compliance with funding agreement\n\n  (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.\n  (2) The report must:\n    (a) give details of the amounts paid to the body under whichever of subsection 64A(1) or 64B(1), or both, is applicable; and\n    (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\n    (c) if the Minister is not so satisfied—give details of why the Minister is not so satisfied.\n\n#### 68D Minister to table live‑stock export body’s annual report in Parliament\n\n  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.\n\n## Part 4—Miscellaneous\n\n#### 69 Ministerial directions\n\n  (1) The Minister may, in writing, direct a prescribed body to do the things specified in the direction.\n  (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.\n\nPenalty: 300 penalty units\n\n  (3) The Minister must not give a direction unless the direction relates to one or more of the following:\n    (a) trade and commerce with other countries, and among the States;\n    (b) quarantine;\n    (c) foreign corporations, or trading or financial corporations formed within the limits of the Commonwealth;\n    (d) external affairs;\n    (e) any other matter with respect to which the Parliament has power to make laws under the Constitution.\n  (4) The Minister may only give a direction to a prescribed body if:\n    (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\n    (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.\n  (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.\n  (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.\n  (7) Subsection (6) does not apply in relation to a direction given to a prescribed body if:\n    (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\n    (b) the Minister determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the national interest of Australia.\n  (8) In this section:\n\n> prescribed body means:\n\n    (a) the industry marketing body within the meaning of Part 3; or\n    (b) the industry research body within the meaning of Part 3; or\n    (ba) the live‑stock export marketing body within the meaning of Part 3; or\n    (bb) the live‑stock export research body within the meaning of Part 3; or\n    (bc) the meat processor marketing body within the meaning of Part 3; or\n    (bd) the meat processor research body within the meaning of Part 3; or\n    (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.\n\n#### 70 Delegations\n\n  (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:\n    (a) the Secretary; or\n    (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.\n  (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.\n\n#### 71 Compensation for acquisition of property\n\n  (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.\n  (2) In this section:\n\n> acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 72 Minister not to be taken to be a director of a company\n\n  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.\n\n#### 74 Regulations\n\n  (1) The Governor‑General may make regulations prescribing all matters:\n    (a) that are required or permitted by this Act to be prescribed; or\n    (b) that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The regulations may prescribe penalties of not more than 10 penalty units for offences against the regulations.","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"An Act relating to the Australian meat and live‑stock industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Meat and Live‑stock Industry Act 1997.\n\n#### 2 Commencement\n\n  (1) Part 1 of this Act commences on the day on which this Act receives the Royal Assent.\n  (2) Subject to subsection (3), the other provisions of this Act commence on a day or days to be fixed by Proclamation.\n  (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.\n\n#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> cattle means bovine animals other than buffaloes.\n\n> 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.\n\n> industry means the meat and live‑stock industry.\n\n> live‑stock means cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of this definition.\n\n> 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.\n\n> meat by‑product includes skin, hide, tallow, meat meal and inedible offal.\n\n> meat product means food prepared from or containing meat, and includes canned meat.\n\n> Secretary means the Secretary of the Department.\n\n#### 4 Crown to be bound\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Application of this Act\n\n  This Act applies both within and outside Australia.\n\n## Part 3—Industry marketing and research bodies, and approved donors\n\n### Division 1—Preliminary\n\n#### 58 Definitions\n\n  In this Part:\n\n> approved donor means a body for the time being declared to be an approved donor under section 61.\n\n> industry marketing body means the body for the time being declared to be the industry marketing body under subsection 60(1).\n\n> industry research body means the body for the time being declared to be the industry research body under subsection 60(2).\n\n> 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).\n\n> 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).\n\n> meat processor marketing body means the body for the time being declared to be the meat processor marketing body under subsection 60(3AA).\n\n> meat processor research body means the body for the time being declared to be the meat processor research body under subsection 60(3AB).\n\n#### 59 Minister must have regard to industry policies\n\n  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.\n\n### Division 2—Declaration of industry bodies and approved donors\n\n#### 60 Declaration of industry bodies\n\n  (1) The Minister may, by legislative instrument, declare a body to be the industry marketing body.\n  (2) The Minister may, by legislative instrument, declare a body to be the industry research body.\n  (3) The Minister may, by legislative instrument, declare a body to be the live‑stock export marketing body.\n  (3A) The Minister may, by legislative instrument, declare a body to be the live‑stock export research body.\n  (3AA) The Minister may, by legislative instrument, declare a body to be the meat processor marketing body.\n  (3AB) The Minister may, by legislative instrument, declare a body to be the meat processor research body.\n  (3B) The Minister may do any or all of the following:\n    (a) declare the same body to be both the industry marketing body and the industry research body;\n    (b) declare the same body to be both the live‑stock export marketing body and the live‑stock export research body;\n    (ba) declare the same body to be both the meat processor marketing body and the meat processor research body;\n  but the Minister must not:\n    (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\n    (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\n    (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\n    (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.\n  (4) The Minister must not declare a body to be the industry marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5) The Minister must not declare a body to be the industry research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5A) The Minister must not declare a body to be the live‑stock export marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5B) The Minister must not declare a body to be the live‑stock export research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (6) The Minister must not declare a body to be the meat processor marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (7) The Minister must not declare a body to be the meat processor research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n\n#### 61 Declaration of approved donors\n\n  (1) The Minister may, by legislative instrument, declare a body (other than the industry research body) to be an approved donor.\n  (2) The Minister must not declare a body to be an approved donor unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n\n#### 62 Bodies to inform Minister about changes to their constitution\n\n  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.\n\n### Division 3—Payments to industry bodies\n\n#### 63 Payments to the industry marketing body\n\n  (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:\n    (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\n    (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\n    (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\n    (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.\n  (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:\n    (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\n    (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\n    (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\n    (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\n    (e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(a) of the repealed Beef Production Levy Act 1990; and\n    (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\n    (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\n    (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;\n  in respect of transactions or activities that take place after the commencement of this Part.\n  (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.\n\n#### 64 Payments to the industry research body\n\n  (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:\n    (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\n    (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\n    (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\n    (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.\n  (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:\n    (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\n    (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\n    (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\n    (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\n    (e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(b) of the repealed Beef Production Levy Act 1990; and\n    (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\n    (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\n    (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;\n  in respect of transactions or activities that take place after the commencement of this Part.\n  (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.\n\n#### 64A Payments to the live‑stock export marketing body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64B Payments to the live‑stock export research body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64C Payments to the meat processor marketing body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64D Payments to the meat processor research body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 65 References to amounts of levy and amounts of charge\n\n  (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.\n  (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.\n  (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.\n\n#### 66 Commonwealth’s matching payments\n\n  (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:\n    (a) the amounts from time to time paid by the industry research body under paragraphs 67(2)(b) and (c); and\n    (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.\n  (2) The sum of the amounts paid to the industry research body under subsection (1) must not be greater than the sum of:\n    (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\n    (b) the amounts paid to the industry research body by approved donors for industry research and development purposes.\n  (3) The payments made under subsection (1) to the industry research body during a particular financial year are subject to the condition that, if:\n    (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\n    (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;\n  the industry research body will pay to the Commonwealth an amount equal to the excess.\n\n> 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.\n\n  (3A) If:\n    (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\n    (b) the Secretary has determined under subsection (3) the amount of the gross value of production of the industry for the previous financial year;\n  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.\n  (3B) An amount payable under subsection (3) by the industry research body:\n    (a) is a debt due to the Commonwealth; and\n    (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.\n  (3C) A determination made under subsection (3) is not a legislative instrument.\n  (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.\n  (5) If:\n    (a) an amount (the first amount) is payable by the industry research body under subsection (3); and\n    (b) another amount (the second amount) is payable by the Commonwealth to the industry research body under subsection (1);\n  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.\n\n#### 67 Application of money\n\n  (1) The amounts paid to the industry marketing body under section 63 may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 63; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (2) The amounts paid to the industry research body under section 64 may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3) The amounts paid to the industry research body under section 66 may be applied by that body only:\n    (aa) in making payments to the Commonwealth under subsection 66(3); and\n    (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\n    (b) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3A) The amounts paid to the live‑stock export marketing body under section 64A may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64A; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3B) The amounts paid to the live‑stock export research body under section 64B may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64B; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3C) The amounts paid to the meat processor marketing body under section 64C may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64C; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.\n  (3D) The amounts paid to the meat processor research body under section 64D may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64D; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.\n\n#### 68 Reimbursement of Commonwealth\n\n  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.\n\n### Division 4—Reporting to Parliament in relation to live‑stock export bodies\n\n#### 68A Division applies if Minister and live‑stock export body enter into funding agreement\n\n  This Division applies if the Minister and a body (the live‑stock export body) that is:\n    (a) the live‑stock export marketing body; or\n    (b) the live‑stock export research body; or\n    (c) both of those bodies;\n  enter into an agreement (the funding agreement) on conditions as mentioned in whichever of subsection 64A(1) or 64B(1), or both, is applicable.\n\n#### 68B Reporting to Parliament about funding agreement and variations\n\n  The Minister must, within 14 sitting days of each House of the Parliament after:\n    (a) the day on which the funding agreement is entered into; and\n    (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;\n  arrange for a copy of the funding agreement, or the agreement to vary, to be tabled in that House.\n\n#### 68C Reporting to Parliament about compliance with funding agreement\n\n  (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.\n  (2) The report must:\n    (a) give details of the amounts paid to the body under whichever of subsection 64A(1) or 64B(1), or both, is applicable; and\n    (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\n    (c) if the Minister is not so satisfied—give details of why the Minister is not so satisfied.\n\n#### 68D Minister to table live‑stock export body’s annual report in Parliament\n\n  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.\n\n## Part 4—Miscellaneous\n\n#### 69 Ministerial directions\n\n  (1) The Minister may, in writing, direct a prescribed body to do the things specified in the direction.\n  (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.\n\nPenalty: 300 penalty units\n\n  (3) The Minister must not give a direction unless the direction relates to one or more of the following:\n    (a) trade and commerce with other countries, and among the States;\n    (b) quarantine;\n    (c) foreign corporations, or trading or financial corporations formed within the limits of the Commonwealth;\n    (d) external affairs;\n    (e) any other matter with respect to which the Parliament has power to make laws under the Constitution.\n  (4) The Minister may only give a direction to a prescribed body if:\n    (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\n    (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.\n  (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.\n  (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.\n  (7) Subsection (6) does not apply in relation to a direction given to a prescribed body if:\n    (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\n    (b) the Minister determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the national interest of Australia.\n  (8) In this section:\n\n> prescribed body means:\n\n    (a) the industry marketing body within the meaning of Part 3; or\n    (b) the industry research body within the meaning of Part 3; or\n    (ba) the live‑stock export marketing body within the meaning of Part 3; or\n    (bb) the live‑stock export research body within the meaning of Part 3; or\n    (bc) the meat processor marketing body within the meaning of Part 3; or\n    (bd) the meat processor research body within the meaning of Part 3; or\n    (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.\n\n#### 70 Delegations\n\n  (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:\n    (a) the Secretary; or\n    (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.\n  (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.\n\n#### 71 Compensation for acquisition of property\n\n  (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.\n  (2) In this section:\n\n> acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 72 Minister not to be taken to be a director of a company\n\n  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.\n\n#### 74 Regulations\n\n  (1) The Governor‑General may make regulations prescribing all matters:\n    (a) that are required or permitted by this Act to be prescribed; or\n    (b) that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The regulations may prescribe penalties of not more than 10 penalty units for offences against the regulations.","sortOrder":7},{"sectionNumber":"58","sectionType":"section","heading":"Definitions","content":"#### 58 Definitions\n\n  In this Part:\n\n> approved donor means a body for the time being declared to be an approved donor under section 61.\n\n> industry marketing body means the body for the time being declared to be the industry marketing body under subsection 60(1).\n\n> industry research body means the body for the time being declared to be the industry research body under subsection 60(2).\n\n> 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).\n\n> 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).\n\n> meat processor marketing body means the body for the time being declared to be the meat processor marketing body under subsection 60(3AA).\n\n> meat processor research body means the body for the time being declared to be the meat processor research body under subsection 60(3AB).","sortOrder":8},{"sectionNumber":"59","sectionType":"section","heading":"Minister must have regard to industry policies","content":"#### 59 Minister must have regard to industry policies\n\n  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.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Declaration of industry bodies and approved donors","content":"An Act relating to the Australian meat and live‑stock industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Meat and Live‑stock Industry Act 1997.\n\n#### 2 Commencement\n\n  (1) Part 1 of this Act commences on the day on which this Act receives the Royal Assent.\n  (2) Subject to subsection (3), the other provisions of this Act commence on a day or days to be fixed by Proclamation.\n  (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.\n\n#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> cattle means bovine animals other than buffaloes.\n\n> 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.\n\n> industry means the meat and live‑stock industry.\n\n> live‑stock means cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of this definition.\n\n> 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.\n\n> meat by‑product includes skin, hide, tallow, meat meal and inedible offal.\n\n> meat product means food prepared from or containing meat, and includes canned meat.\n\n> Secretary means the Secretary of the Department.\n\n#### 4 Crown to be bound\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Application of this Act\n\n  This Act applies both within and outside Australia.\n\n## Part 3—Industry marketing and research bodies, and approved donors\n\n### Division 1—Preliminary\n\n#### 58 Definitions\n\n  In this Part:\n\n> approved donor means a body for the time being declared to be an approved donor under section 61.\n\n> industry marketing body means the body for the time being declared to be the industry marketing body under subsection 60(1).\n\n> industry research body means the body for the time being declared to be the industry research body under subsection 60(2).\n\n> 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).\n\n> 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).\n\n> meat processor marketing body means the body for the time being declared to be the meat processor marketing body under subsection 60(3AA).\n\n> meat processor research body means the body for the time being declared to be the meat processor research body under subsection 60(3AB).\n\n#### 59 Minister must have regard to industry policies\n\n  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.\n\n### Division 2—Declaration of industry bodies and approved donors\n\n#### 60 Declaration of industry bodies\n\n  (1) The Minister may, by legislative instrument, declare a body to be the industry marketing body.\n  (2) The Minister may, by legislative instrument, declare a body to be the industry research body.\n  (3) The Minister may, by legislative instrument, declare a body to be the live‑stock export marketing body.\n  (3A) The Minister may, by legislative instrument, declare a body to be the live‑stock export research body.\n  (3AA) The Minister may, by legislative instrument, declare a body to be the meat processor marketing body.\n  (3AB) The Minister may, by legislative instrument, declare a body to be the meat processor research body.\n  (3B) The Minister may do any or all of the following:\n    (a) declare the same body to be both the industry marketing body and the industry research body;\n    (b) declare the same body to be both the live‑stock export marketing body and the live‑stock export research body;\n    (ba) declare the same body to be both the meat processor marketing body and the meat processor research body;\n  but the Minister must not:\n    (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\n    (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\n    (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\n    (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.\n  (4) The Minister must not declare a body to be the industry marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5) The Minister must not declare a body to be the industry research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5A) The Minister must not declare a body to be the live‑stock export marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5B) The Minister must not declare a body to be the live‑stock export research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (6) The Minister must not declare a body to be the meat processor marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (7) The Minister must not declare a body to be the meat processor research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n\n#### 61 Declaration of approved donors\n\n  (1) The Minister may, by legislative instrument, declare a body (other than the industry research body) to be an approved donor.\n  (2) The Minister must not declare a body to be an approved donor unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n\n#### 62 Bodies to inform Minister about changes to their constitution\n\n  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.\n\n### Division 3—Payments to industry bodies\n\n#### 63 Payments to the industry marketing body\n\n  (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:\n    (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\n    (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\n    (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\n    (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.\n  (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:\n    (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\n    (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\n    (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\n    (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\n    (e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(a) of the repealed Beef Production Levy Act 1990; and\n    (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\n    (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\n    (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;\n  in respect of transactions or activities that take place after the commencement of this Part.\n  (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.\n\n#### 64 Payments to the industry research body\n\n  (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:\n    (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\n    (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\n    (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\n    (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.\n  (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:\n    (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\n    (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\n    (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\n    (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\n    (e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(b) of the repealed Beef Production Levy Act 1990; and\n    (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\n    (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\n    (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;\n  in respect of transactions or activities that take place after the commencement of this Part.\n  (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.\n\n#### 64A Payments to the live‑stock export marketing body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64B Payments to the live‑stock export research body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64C Payments to the meat processor marketing body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64D Payments to the meat processor research body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 65 References to amounts of levy and amounts of charge\n\n  (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.\n  (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.\n  (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.\n\n#### 66 Commonwealth’s matching payments\n\n  (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:\n    (a) the amounts from time to time paid by the industry research body under paragraphs 67(2)(b) and (c); and\n    (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.\n  (2) The sum of the amounts paid to the industry research body under subsection (1) must not be greater than the sum of:\n    (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\n    (b) the amounts paid to the industry research body by approved donors for industry research and development purposes.\n  (3) The payments made under subsection (1) to the industry research body during a particular financial year are subject to the condition that, if:\n    (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\n    (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;\n  the industry research body will pay to the Commonwealth an amount equal to the excess.\n\n> 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.\n\n  (3A) If:\n    (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\n    (b) the Secretary has determined under subsection (3) the amount of the gross value of production of the industry for the previous financial year;\n  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.\n  (3B) An amount payable under subsection (3) by the industry research body:\n    (a) is a debt due to the Commonwealth; and\n    (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.\n  (3C) A determination made under subsection (3) is not a legislative instrument.\n  (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.\n  (5) If:\n    (a) an amount (the first amount) is payable by the industry research body under subsection (3); and\n    (b) another amount (the second amount) is payable by the Commonwealth to the industry research body under subsection (1);\n  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.\n\n#### 67 Application of money\n\n  (1) The amounts paid to the industry marketing body under section 63 may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 63; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (2) The amounts paid to the industry research body under section 64 may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3) The amounts paid to the industry research body under section 66 may be applied by that body only:\n    (aa) in making payments to the Commonwealth under subsection 66(3); and\n    (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\n    (b) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3A) The amounts paid to the live‑stock export marketing body under section 64A may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64A; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3B) The amounts paid to the live‑stock export research body under section 64B may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64B; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3C) The amounts paid to the meat processor marketing body under section 64C may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64C; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.\n  (3D) The amounts paid to the meat processor research body under section 64D may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64D; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.\n\n#### 68 Reimbursement of Commonwealth\n\n  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.\n\n### Division 4—Reporting to Parliament in relation to live‑stock export bodies\n\n#### 68A Division applies if Minister and live‑stock export body enter into funding agreement\n\n  This Division applies if the Minister and a body (the live‑stock export body) that is:\n    (a) the live‑stock export marketing body; or\n    (b) the live‑stock export research body; or\n    (c) both of those bodies;\n  enter into an agreement (the funding agreement) on conditions as mentioned in whichever of subsection 64A(1) or 64B(1), or both, is applicable.\n\n#### 68B Reporting to Parliament about funding agreement and variations\n\n  The Minister must, within 14 sitting days of each House of the Parliament after:\n    (a) the day on which the funding agreement is entered into; and\n    (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;\n  arrange for a copy of the funding agreement, or the agreement to vary, to be tabled in that House.\n\n#### 68C Reporting to Parliament about compliance with funding agreement\n\n  (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.\n  (2) The report must:\n    (a) give details of the amounts paid to the body under whichever of subsection 64A(1) or 64B(1), or both, is applicable; and\n    (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\n    (c) if the Minister is not so satisfied—give details of why the Minister is not so satisfied.\n\n#### 68D Minister to table live‑stock export body’s annual report in Parliament\n\n  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.\n\n## Part 4—Miscellaneous\n\n#### 69 Ministerial directions\n\n  (1) The Minister may, in writing, direct a prescribed body to do the things specified in the direction.\n  (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.\n\nPenalty: 300 penalty units\n\n  (3) The Minister must not give a direction unless the direction relates to one or more of the following:\n    (a) trade and commerce with other countries, and among the States;\n    (b) quarantine;\n    (c) foreign corporations, or trading or financial corporations formed within the limits of the Commonwealth;\n    (d) external affairs;\n    (e) any other matter with respect to which the Parliament has power to make laws under the Constitution.\n  (4) The Minister may only give a direction to a prescribed body if:\n    (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\n    (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.\n  (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.\n  (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.\n  (7) Subsection (6) does not apply in relation to a direction given to a prescribed body if:\n    (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\n    (b) the Minister determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the national interest of Australia.\n  (8) In this section:\n\n> prescribed body means:\n\n    (a) the industry marketing body within the meaning of Part 3; or\n    (b) the industry research body within the meaning of Part 3; or\n    (ba) the live‑stock export marketing body within the meaning of Part 3; or\n    (bb) the live‑stock export research body within the meaning of Part 3; or\n    (bc) the meat processor marketing body within the meaning of Part 3; or\n    (bd) the meat processor research body within the meaning of Part 3; or\n    (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.\n\n#### 70 Delegations\n\n  (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:\n    (a) the Secretary; or\n    (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.\n  (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.\n\n#### 71 Compensation for acquisition of property\n\n  (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.\n  (2) In this section:\n\n> acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 72 Minister not to be taken to be a director of a company\n\n  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.\n\n#### 74 Regulations\n\n  (1) The Governor‑General may make regulations prescribing all matters:\n    (a) that are required or permitted by this Act to be prescribed; or\n    (b) that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The regulations may prescribe penalties of not more than 10 penalty units for offences against the regulations.","sortOrder":10},{"sectionNumber":"60","sectionType":"section","heading":"Declaration of industry bodies","content":"#### 60 Declaration of industry bodies\n\n  (1) The Minister may, by legislative instrument, declare a body to be the industry marketing body.\n  (2) The Minister may, by legislative instrument, declare a body to be the industry research body.\n  (3) The Minister may, by legislative instrument, declare a body to be the live‑stock export marketing body.\n  (3A) The Minister may, by legislative instrument, declare a body to be the live‑stock export research body.\n  (3AA) The Minister may, by legislative instrument, declare a body to be the meat processor marketing body.\n  (3AB) The Minister may, by legislative instrument, declare a body to be the meat processor research body.\n  (3B) The Minister may do any or all of the following:\n    (a) declare the same body to be both the industry marketing body and the industry research body;\n    (b) declare the same body to be both the live‑stock export marketing body and the live‑stock export research body;\n    (ba) declare the same body to be both the meat processor marketing body and the meat processor research body;\n  but the Minister must not:\n    (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\n    (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\n    (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\n    (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.\n  (4) The Minister must not declare a body to be the industry marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5) The Minister must not declare a body to be the industry research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5A) The Minister must not declare a body to be the live‑stock export marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5B) The Minister must not declare a body to be the live‑stock export research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (6) The Minister must not declare a body to be the meat processor marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (7) The Minister must not declare a body to be the meat processor research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.","sortOrder":11},{"sectionNumber":"61","sectionType":"section","heading":"Declaration of approved donors","content":"#### 61 Declaration of approved donors\n\n  (1) The Minister may, by legislative instrument, declare a body (other than the industry research body) to be an approved donor.\n  (2) The Minister must not declare a body to be an approved donor unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.","sortOrder":12},{"sectionNumber":"62","sectionType":"section","heading":"Bodies to inform Minister about changes to their constitution","content":"#### 62 Bodies to inform Minister about changes to their constitution\n\n  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.","sortOrder":13},{"sectionNumber":"Division 3","sectionType":"division","heading":"Payments to industry bodies","content":"An Act relating to the Australian meat and live‑stock industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Meat and Live‑stock Industry Act 1997.\n\n#### 2 Commencement\n\n  (1) Part 1 of this Act commences on the day on which this Act receives the Royal Assent.\n  (2) Subject to subsection (3), the other provisions of this Act commence on a day or days to be fixed by Proclamation.\n  (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.\n\n#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> cattle means bovine animals other than buffaloes.\n\n> 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.\n\n> industry means the meat and live‑stock industry.\n\n> live‑stock means cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of this definition.\n\n> 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.\n\n> meat by‑product includes skin, hide, tallow, meat meal and inedible offal.\n\n> meat product means food prepared from or containing meat, and includes canned meat.\n\n> Secretary means the Secretary of the Department.\n\n#### 4 Crown to be bound\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Application of this Act\n\n  This Act applies both within and outside Australia.\n\n## Part 3—Industry marketing and research bodies, and approved donors\n\n### Division 1—Preliminary\n\n#### 58 Definitions\n\n  In this Part:\n\n> approved donor means a body for the time being declared to be an approved donor under section 61.\n\n> industry marketing body means the body for the time being declared to be the industry marketing body under subsection 60(1).\n\n> industry research body means the body for the time being declared to be the industry research body under subsection 60(2).\n\n> 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).\n\n> 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).\n\n> meat processor marketing body means the body for the time being declared to be the meat processor marketing body under subsection 60(3AA).\n\n> meat processor research body means the body for the time being declared to be the meat processor research body under subsection 60(3AB).\n\n#### 59 Minister must have regard to industry policies\n\n  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.\n\n### Division 2—Declaration of industry bodies and approved donors\n\n#### 60 Declaration of industry bodies\n\n  (1) The Minister may, by legislative instrument, declare a body to be the industry marketing body.\n  (2) The Minister may, by legislative instrument, declare a body to be the industry research body.\n  (3) The Minister may, by legislative instrument, declare a body to be the live‑stock export marketing body.\n  (3A) The Minister may, by legislative instrument, declare a body to be the live‑stock export research body.\n  (3AA) The Minister may, by legislative instrument, declare a body to be the meat processor marketing body.\n  (3AB) The Minister may, by legislative instrument, declare a body to be the meat processor research body.\n  (3B) The Minister may do any or all of the following:\n    (a) declare the same body to be both the industry marketing body and the industry research body;\n    (b) declare the same body to be both the live‑stock export marketing body and the live‑stock export research body;\n    (ba) declare the same body to be both the meat processor marketing body and the meat processor research body;\n  but the Minister must not:\n    (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\n    (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\n    (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\n    (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.\n  (4) The Minister must not declare a body to be the industry marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5) The Minister must not declare a body to be the industry research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5A) The Minister must not declare a body to be the live‑stock export marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5B) The Minister must not declare a body to be the live‑stock export research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (6) The Minister must not declare a body to be the meat processor marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (7) The Minister must not declare a body to be the meat processor research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n\n#### 61 Declaration of approved donors\n\n  (1) The Minister may, by legislative instrument, declare a body (other than the industry research body) to be an approved donor.\n  (2) The Minister must not declare a body to be an approved donor unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n\n#### 62 Bodies to inform Minister about changes to their constitution\n\n  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.\n\n### Division 3—Payments to industry bodies\n\n#### 63 Payments to the industry marketing body\n\n  (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:\n    (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\n    (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\n    (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\n    (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.\n  (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:\n    (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\n    (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\n    (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\n    (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\n    (e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(a) of the repealed Beef Production Levy Act 1990; and\n    (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\n    (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\n    (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;\n  in respect of transactions or activities that take place after the commencement of this Part.\n  (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.\n\n#### 64 Payments to the industry research body\n\n  (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:\n    (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\n    (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\n    (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\n    (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.\n  (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:\n    (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\n    (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\n    (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\n    (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\n    (e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(b) of the repealed Beef Production Levy Act 1990; and\n    (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\n    (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\n    (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;\n  in respect of transactions or activities that take place after the commencement of this Part.\n  (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.\n\n#### 64A Payments to the live‑stock export marketing body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64B Payments to the live‑stock export research body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64C Payments to the meat processor marketing body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64D Payments to the meat processor research body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 65 References to amounts of levy and amounts of charge\n\n  (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.\n  (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.\n  (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.\n\n#### 66 Commonwealth’s matching payments\n\n  (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:\n    (a) the amounts from time to time paid by the industry research body under paragraphs 67(2)(b) and (c); and\n    (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.\n  (2) The sum of the amounts paid to the industry research body under subsection (1) must not be greater than the sum of:\n    (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\n    (b) the amounts paid to the industry research body by approved donors for industry research and development purposes.\n  (3) The payments made under subsection (1) to the industry research body during a particular financial year are subject to the condition that, if:\n    (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\n    (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;\n  the industry research body will pay to the Commonwealth an amount equal to the excess.\n\n> 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.\n\n  (3A) If:\n    (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\n    (b) the Secretary has determined under subsection (3) the amount of the gross value of production of the industry for the previous financial year;\n  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.\n  (3B) An amount payable under subsection (3) by the industry research body:\n    (a) is a debt due to the Commonwealth; and\n    (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.\n  (3C) A determination made under subsection (3) is not a legislative instrument.\n  (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.\n  (5) If:\n    (a) an amount (the first amount) is payable by the industry research body under subsection (3); and\n    (b) another amount (the second amount) is payable by the Commonwealth to the industry research body under subsection (1);\n  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.\n\n#### 67 Application of money\n\n  (1) The amounts paid to the industry marketing body under section 63 may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 63; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (2) The amounts paid to the industry research body under section 64 may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3) The amounts paid to the industry research body under section 66 may be applied by that body only:\n    (aa) in making payments to the Commonwealth under subsection 66(3); and\n    (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\n    (b) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3A) The amounts paid to the live‑stock export marketing body under section 64A may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64A; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3B) The amounts paid to the live‑stock export research body under section 64B may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64B; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3C) The amounts paid to the meat processor marketing body under section 64C may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64C; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.\n  (3D) The amounts paid to the meat processor research body under section 64D may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64D; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.\n\n#### 68 Reimbursement of Commonwealth\n\n  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.\n\n### Division 4—Reporting to Parliament in relation to live‑stock export bodies\n\n#### 68A Division applies if Minister and live‑stock export body enter into funding agreement\n\n  This Division applies if the Minister and a body (the live‑stock export body) that is:\n    (a) the live‑stock export marketing body; or\n    (b) the live‑stock export research body; or\n    (c) both of those bodies;\n  enter into an agreement (the funding agreement) on conditions as mentioned in whichever of subsection 64A(1) or 64B(1), or both, is applicable.\n\n#### 68B Reporting to Parliament about funding agreement and variations\n\n  The Minister must, within 14 sitting days of each House of the Parliament after:\n    (a) the day on which the funding agreement is entered into; and\n    (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;\n  arrange for a copy of the funding agreement, or the agreement to vary, to be tabled in that House.\n\n#### 68C Reporting to Parliament about compliance with funding agreement\n\n  (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.\n  (2) The report must:\n    (a) give details of the amounts paid to the body under whichever of subsection 64A(1) or 64B(1), or both, is applicable; and\n    (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\n    (c) if the Minister is not so satisfied—give details of why the Minister is not so satisfied.\n\n#### 68D Minister to table live‑stock export body’s annual report in Parliament\n\n  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.\n\n## Part 4—Miscellaneous\n\n#### 69 Ministerial directions\n\n  (1) The Minister may, in writing, direct a prescribed body to do the things specified in the direction.\n  (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.\n\nPenalty: 300 penalty units\n\n  (3) The Minister must not give a direction unless the direction relates to one or more of the following:\n    (a) trade and commerce with other countries, and among the States;\n    (b) quarantine;\n    (c) foreign corporations, or trading or financial corporations formed within the limits of the Commonwealth;\n    (d) external affairs;\n    (e) any other matter with respect to which the Parliament has power to make laws under the Constitution.\n  (4) The Minister may only give a direction to a prescribed body if:\n    (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\n    (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.\n  (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.\n  (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.\n  (7) Subsection (6) does not apply in relation to a direction given to a prescribed body if:\n    (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\n    (b) the Minister determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the national interest of Australia.\n  (8) In this section:\n\n> prescribed body means:\n\n    (a) the industry marketing body within the meaning of Part 3; or\n    (b) the industry research body within the meaning of Part 3; or\n    (ba) the live‑stock export marketing body within the meaning of Part 3; or\n    (bb) the live‑stock export research body within the meaning of Part 3; or\n    (bc) the meat processor marketing body within the meaning of Part 3; or\n    (bd) the meat processor research body within the meaning of Part 3; or\n    (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.\n\n#### 70 Delegations\n\n  (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:\n    (a) the Secretary; or\n    (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.\n  (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.\n\n#### 71 Compensation for acquisition of property\n\n  (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.\n  (2) In this section:\n\n> acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 72 Minister not to be taken to be a director of a company\n\n  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.\n\n#### 74 Regulations\n\n  (1) The Governor‑General may make regulations prescribing all matters:\n    (a) that are required or permitted by this Act to be prescribed; or\n    (b) that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The regulations may prescribe penalties of not more than 10 penalty units for offences against the regulations.","sortOrder":14},{"sectionNumber":"63","sectionType":"section","heading":"Payments to the industry marketing body","content":"#### 63 Payments to the industry marketing body\n\n  (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:\n    (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\n    (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\n    (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\n    (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.\n  (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:\n    (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\n    (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\n    (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\n    (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\n    (e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(a) of the repealed Beef Production Levy Act 1990; and\n    (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\n    (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\n    (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;\n  in respect of transactions or activities that take place after the commencement of this Part.\n  (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.","sortOrder":15},{"sectionNumber":"64","sectionType":"section","heading":"Payments to the industry research body","content":"#### 64 Payments to the industry research body\n\n  (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:\n    (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\n    (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\n    (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\n    (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.\n  (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:\n    (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\n    (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\n    (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\n    (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\n    (e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(b) of the repealed Beef Production Levy Act 1990; and\n    (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\n    (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\n    (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;\n  in respect of transactions or activities that take place after the commencement of this Part.\n  (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.","sortOrder":16},{"sectionNumber":"64A","sectionType":"section","heading":"Payments to the live‑stock export marketing body","content":"#### 64A Payments to the live‑stock export marketing body\n\n  (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:\n    (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\n    (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.\n  (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.","sortOrder":17},{"sectionNumber":"64B","sectionType":"section","heading":"Payments to the live‑stock export research body","content":"#### 64B Payments to the live‑stock export research body\n\n  (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:\n    (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\n    (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.\n  (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.","sortOrder":18},{"sectionNumber":"64C","sectionType":"section","heading":"Payments to the meat processor marketing body","content":"#### 64C Payments to the meat processor marketing body\n\n  (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:\n    (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\n    (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.\n  (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.","sortOrder":19},{"sectionNumber":"64D","sectionType":"section","heading":"Payments to the meat processor research body","content":"#### 64D Payments to the meat processor research body\n\n  (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:\n    (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\n    (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.\n  (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.","sortOrder":20},{"sectionNumber":"65","sectionType":"section","heading":"References to amounts of levy and amounts of charge","content":"#### 65 References to amounts of levy and amounts of charge\n\n  (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.\n  (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.\n  (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.","sortOrder":21},{"sectionNumber":"66","sectionType":"section","heading":"Commonwealth’s matching payments","content":"#### 66 Commonwealth’s matching payments\n\n  (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:\n    (a) the amounts from time to time paid by the industry research body under paragraphs 67(2)(b) and (c); and\n    (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.\n  (2) The sum of the amounts paid to the industry research body under subsection (1) must not be greater than the sum of:\n    (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\n    (b) the amounts paid to the industry research body by approved donors for industry research and development purposes.\n  (3) The payments made under subsection (1) to the industry research body during a particular financial year are subject to the condition that, if:\n    (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\n    (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;\n  the industry research body will pay to the Commonwealth an amount equal to the excess.\n\n> 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.\n\n  (3A) If:\n    (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\n    (b) the Secretary has determined under subsection (3) the amount of the gross value of production of the industry for the previous financial year;\n  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.\n  (3B) An amount payable under subsection (3) by the industry research body:\n    (a) is a debt due to the Commonwealth; and\n    (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.\n  (3C) A determination made under subsection (3) is not a legislative instrument.\n  (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.\n  (5) If:\n    (a) an amount (the first amount) is payable by the industry research body under subsection (3); and\n    (b) another amount (the second amount) is payable by the Commonwealth to the industry research body under subsection (1);\n  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.","sortOrder":22},{"sectionNumber":"67","sectionType":"section","heading":"Application of money","content":"#### 67 Application of money\n\n  (1) The amounts paid to the industry marketing body under section 63 may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 63; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (2) The amounts paid to the industry research body under section 64 may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3) The amounts paid to the industry research body under section 66 may be applied by that body only:\n    (aa) in making payments to the Commonwealth under subsection 66(3); and\n    (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\n    (b) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3A) The amounts paid to the live‑stock export marketing body under section 64A may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64A; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3B) The amounts paid to the live‑stock export research body under section 64B may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64B; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3C) The amounts paid to the meat processor marketing body under section 64C may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64C; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.\n  (3D) The amounts paid to the meat processor research body under section 64D may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64D; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.","sortOrder":23},{"sectionNumber":"68","sectionType":"section","heading":"Reimbursement of Commonwealth","content":"#### 68 Reimbursement of Commonwealth\n\n  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.","sortOrder":24},{"sectionNumber":"Division 4","sectionType":"division","heading":"Reporting to Parliament in relation to live‑stock export bodies","content":"An Act relating to the Australian meat and live‑stock industry, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Meat and Live‑stock Industry Act 1997.\n\n#### 2 Commencement\n\n  (1) Part 1 of this Act commences on the day on which this Act receives the Royal Assent.\n  (2) Subject to subsection (3), the other provisions of this Act commence on a day or days to be fixed by Proclamation.\n  (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.\n\n#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> cattle means bovine animals other than buffaloes.\n\n> 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.\n\n> industry means the meat and live‑stock industry.\n\n> live‑stock means cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of this definition.\n\n> 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.\n\n> meat by‑product includes skin, hide, tallow, meat meal and inedible offal.\n\n> meat product means food prepared from or containing meat, and includes canned meat.\n\n> Secretary means the Secretary of the Department.\n\n#### 4 Crown to be bound\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n\n#### 5 Application of this Act\n\n  This Act applies both within and outside Australia.\n\n## Part 3—Industry marketing and research bodies, and approved donors\n\n### Division 1—Preliminary\n\n#### 58 Definitions\n\n  In this Part:\n\n> approved donor means a body for the time being declared to be an approved donor under section 61.\n\n> industry marketing body means the body for the time being declared to be the industry marketing body under subsection 60(1).\n\n> industry research body means the body for the time being declared to be the industry research body under subsection 60(2).\n\n> 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).\n\n> 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).\n\n> meat processor marketing body means the body for the time being declared to be the meat processor marketing body under subsection 60(3AA).\n\n> meat processor research body means the body for the time being declared to be the meat processor research body under subsection 60(3AB).\n\n#### 59 Minister must have regard to industry policies\n\n  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.\n\n### Division 2—Declaration of industry bodies and approved donors\n\n#### 60 Declaration of industry bodies\n\n  (1) The Minister may, by legislative instrument, declare a body to be the industry marketing body.\n  (2) The Minister may, by legislative instrument, declare a body to be the industry research body.\n  (3) The Minister may, by legislative instrument, declare a body to be the live‑stock export marketing body.\n  (3A) The Minister may, by legislative instrument, declare a body to be the live‑stock export research body.\n  (3AA) The Minister may, by legislative instrument, declare a body to be the meat processor marketing body.\n  (3AB) The Minister may, by legislative instrument, declare a body to be the meat processor research body.\n  (3B) The Minister may do any or all of the following:\n    (a) declare the same body to be both the industry marketing body and the industry research body;\n    (b) declare the same body to be both the live‑stock export marketing body and the live‑stock export research body;\n    (ba) declare the same body to be both the meat processor marketing body and the meat processor research body;\n  but the Minister must not:\n    (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\n    (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\n    (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\n    (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.\n  (4) The Minister must not declare a body to be the industry marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5) The Minister must not declare a body to be the industry research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5A) The Minister must not declare a body to be the live‑stock export marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (5B) The Minister must not declare a body to be the live‑stock export research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (6) The Minister must not declare a body to be the meat processor marketing body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n  (7) The Minister must not declare a body to be the meat processor research body unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n\n#### 61 Declaration of approved donors\n\n  (1) The Minister may, by legislative instrument, declare a body (other than the industry research body) to be an approved donor.\n  (2) The Minister must not declare a body to be an approved donor unless satisfied:\n    (a) that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and\n    (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\n    (c) that the body has consented to the declaration.\n\n#### 62 Bodies to inform Minister about changes to their constitution\n\n  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.\n\n### Division 3—Payments to industry bodies\n\n#### 63 Payments to the industry marketing body\n\n  (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:\n    (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\n    (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\n    (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\n    (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.\n  (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:\n    (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\n    (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\n    (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\n    (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\n    (e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(a) of the repealed Beef Production Levy Act 1990; and\n    (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\n    (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\n    (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;\n  in respect of transactions or activities that take place after the commencement of this Part.\n  (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.\n\n#### 64 Payments to the industry research body\n\n  (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:\n    (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\n    (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\n    (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\n    (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.\n  (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:\n    (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\n    (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\n    (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\n    (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\n    (e) the amounts of levy received by the Commonwealth because of paragraph 6(1)(b) of the repealed Beef Production Levy Act 1990; and\n    (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\n    (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\n    (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;\n  in respect of transactions or activities that take place after the commencement of this Part.\n  (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.\n\n#### 64A Payments to the live‑stock export marketing body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64B Payments to the live‑stock export research body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64C Payments to the meat processor marketing body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 64D Payments to the meat processor research body\n\n  (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:\n    (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\n    (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.\n  (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.\n\n#### 65 References to amounts of levy and amounts of charge\n\n  (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.\n  (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.\n  (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.\n\n#### 66 Commonwealth’s matching payments\n\n  (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:\n    (a) the amounts from time to time paid by the industry research body under paragraphs 67(2)(b) and (c); and\n    (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.\n  (2) The sum of the amounts paid to the industry research body under subsection (1) must not be greater than the sum of:\n    (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\n    (b) the amounts paid to the industry research body by approved donors for industry research and development purposes.\n  (3) The payments made under subsection (1) to the industry research body during a particular financial year are subject to the condition that, if:\n    (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\n    (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;\n  the industry research body will pay to the Commonwealth an amount equal to the excess.\n\n> 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.\n\n  (3A) If:\n    (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\n    (b) the Secretary has determined under subsection (3) the amount of the gross value of production of the industry for the previous financial year;\n  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.\n  (3B) An amount payable under subsection (3) by the industry research body:\n    (a) is a debt due to the Commonwealth; and\n    (b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.\n  (3C) A determination made under subsection (3) is not a legislative instrument.\n  (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.\n  (5) If:\n    (a) an amount (the first amount) is payable by the industry research body under subsection (3); and\n    (b) another amount (the second amount) is payable by the Commonwealth to the industry research body under subsection (1);\n  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.\n\n#### 67 Application of money\n\n  (1) The amounts paid to the industry marketing body under section 63 may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 63; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (2) The amounts paid to the industry research body under section 64 may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3) The amounts paid to the industry research body under section 66 may be applied by that body only:\n    (aa) in making payments to the Commonwealth under subsection 66(3); and\n    (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\n    (b) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3A) The amounts paid to the live‑stock export marketing body under section 64A may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64A; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3B) The amounts paid to the live‑stock export research body under section 64B may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64B; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making such other payments (if any), subject to such conditions (if any), as are prescribed.\n  (3C) The amounts paid to the meat processor marketing body under section 64C may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64C; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.\n  (3D) The amounts paid to the meat processor research body under section 64D may be applied by that body only:\n    (a) in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:\n    (i) the collection or recovery of amounts referred to in section 64D; or\n    (ii) the administration of that section; and\n    (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\n    (c) in making any other payments prescribed by the regulations, subject to any prescribed conditions.\n\n#### 68 Reimbursement of Commonwealth\n\n  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.\n\n### Division 4—Reporting to Parliament in relation to live‑stock export bodies\n\n#### 68A Division applies if Minister and live‑stock export body enter into funding agreement\n\n  This Division applies if the Minister and a body (the live‑stock export body) that is:\n    (a) the live‑stock export marketing body; or\n    (b) the live‑stock export research body; or\n    (c) both of those bodies;\n  enter into an agreement (the funding agreement) on conditions as mentioned in whichever of subsection 64A(1) or 64B(1), or both, is applicable.\n\n#### 68B Reporting to Parliament about funding agreement and variations\n\n  The Minister must, within 14 sitting days of each House of the Parliament after:\n    (a) the day on which the funding agreement is entered into; and\n    (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;\n  arrange for a copy of the funding agreement, or the agreement to vary, to be tabled in that House.\n\n#### 68C Reporting to Parliament about compliance with funding agreement\n\n  (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.\n  (2) The report must:\n    (a) give details of the amounts paid to the body under whichever of subsection 64A(1) or 64B(1), or both, is applicable; and\n    (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\n    (c) if the Minister is not so satisfied—give details of why the Minister is not so satisfied.\n\n#### 68D Minister to table live‑stock export body’s annual report in Parliament\n\n  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.\n\n## Part 4—Miscellaneous\n\n#### 69 Ministerial directions\n\n  (1) The Minister may, in writing, direct a prescribed body to do the things specified in the direction.\n  (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.\n\nPenalty: 300 penalty units\n\n  (3) The Minister must not give a direction unless the direction relates to one or more of the following:\n    (a) trade and commerce with other countries, and among the States;\n    (b) quarantine;\n    (c) foreign corporations, or trading or financial corporations formed within the limits of the Commonwealth;\n    (d) external affairs;\n    (e) any other matter with respect to which the Parliament has power to make laws under the Constitution.\n  (4) The Minister may only give a direction to a prescribed body if:\n    (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\n    (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.\n  (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.\n  (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.\n  (7) Subsection (6) does not apply in relation to a direction given to a prescribed body if:\n    (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\n    (b) the Minister determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the national interest of Australia.\n  (8) In this section:\n\n> prescribed body means:\n\n    (a) the industry marketing body within the meaning of Part 3; or\n    (b) the industry research body within the meaning of Part 3; or\n    (ba) the live‑stock export marketing body within the meaning of Part 3; or\n    (bb) the live‑stock export research body within the meaning of Part 3; or\n    (bc) the meat processor marketing body within the meaning of Part 3; or\n    (bd) the meat processor research body within the meaning of Part 3; or\n    (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.\n\n#### 70 Delegations\n\n  (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:\n    (a) the Secretary; or\n    (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.\n  (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.\n\n#### 71 Compensation for acquisition of property\n\n  (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.\n  (2) In this section:\n\n> acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n#### 72 Minister not to be taken to be a director of a company\n\n  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.\n\n#### 74 Regulations\n\n  (1) The Governor‑General may make regulations prescribing all matters:\n    (a) that are required or permitted by this Act to be prescribed; or\n    (b) that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The regulations may prescribe penalties of not more than 10 penalty units for offences against the regulations.","sortOrder":25},{"sectionNumber":"68A","sectionType":"section","heading":"Division applies if Minister and live‑stock export body enter into funding agreement","content":"#### 68A Division applies if Minister and live‑stock export body enter into funding agreement\n\n  This Division applies if the Minister and a body (the live‑stock export body) that is:\n    (a) the live‑stock export marketing body; or\n    (b) the live‑stock export research body; or\n    (c) both of those bodies;\n  enter into an agreement (the funding agreement) on conditions as mentioned in whichever of subsection 64A(1) or 64B(1), or both, is applicable.","sortOrder":26},{"sectionNumber":"68B","sectionType":"section","heading":"Reporting to Parliament about funding agreement and variations","content":"#### 68B Reporting to Parliament about funding agreement and variations\n\n  The Minister must, within 14 sitting days of each House of the Parliament after:\n    (a) the day on which the funding agreement is entered into; and\n    (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;\n  arrange for a copy of the funding agreement, or the agreement to vary, to be tabled in that House.","sortOrder":27},{"sectionNumber":"68C","sectionType":"section","heading":"Reporting to Parliament about compliance with funding agreement","content":"#### 68C Reporting to Parliament about compliance with funding agreement\n\n  (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.\n  (2) The report must:\n    (a) give details of the amounts paid to the body under whichever of subsection 64A(1) or 64B(1), or both, is applicable; and\n    (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\n    (c) if the Minister is not so satisfied—give details of why the Minister is not so satisfied.","sortOrder":28},{"sectionNumber":"68D","sectionType":"section","heading":"Minister to table live‑stock export body’s annual report in Parliament","content":"#### 68D Minister to table live‑stock export body’s annual report in Parliament\n\n  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.","sortOrder":29},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":30},{"sectionNumber":"69","sectionType":"section","heading":"Ministerial directions","content":"#### 69 Ministerial directions\n\n  (1) The Minister may, in writing, direct a prescribed body to do the things specified in the direction.\n  (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.\n\nPenalty: 300 penalty units\n\n  (3) The Minister must not give a direction unless the direction relates to one or more of the following:\n    (a) trade and commerce with other countries, and among the States;\n    (b) quarantine;\n    (c) foreign corporations, or trading or financial corporations formed within the limits of the Commonwealth;\n    (d) external affairs;\n    (e) any other matter with respect to which the Parliament has power to make laws under the Constitution.\n  (4) The Minister may only give a direction to a prescribed body if:\n    (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\n    (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.\n  (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.\n  (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.\n  (7) Subsection (6) does not apply in relation to a direction given to a prescribed body if:\n    (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\n    (b) the Minister determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the national interest of Australia.\n  (8) In this section:\n\n> prescribed body means:\n\n    (a) the industry marketing body within the meaning of Part 3; or\n    (b) the industry research body within the meaning of Part 3; or\n    (ba) the live‑stock export marketing body within the meaning of Part 3; or\n    (bb) the live‑stock export research body within the meaning of Part 3; or\n    (bc) the meat processor marketing body within the meaning of Part 3; or\n    (bd) the meat processor research body within the meaning of Part 3; or\n    (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.","sortOrder":31},{"sectionNumber":"70","sectionType":"section","heading":"Delegations","content":"#### 70 Delegations\n\n  (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:\n    (a) the Secretary; or\n    (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.\n  (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.","sortOrder":32},{"sectionNumber":"71","sectionType":"section","heading":"Compensation for acquisition of property","content":"#### 71 Compensation for acquisition of property\n\n  (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.\n  (2) In this section:\n\n> acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.","sortOrder":33},{"sectionNumber":"72","sectionType":"section","heading":"Minister not to be taken to be a director of a company","content":"#### 72 Minister not to be taken to be a director of a company\n\n  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.","sortOrder":34},{"sectionNumber":"74","sectionType":"section","heading":"Regulations","content":"#### 74 Regulations\n\n  (1) The Governor‑General may make regulations prescribing all matters:\n    (a) that are required or permitted by this Act to be prescribed; or\n    (b) that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The regulations may prescribe penalties of not more than 10 penalty units for offences against the regulations.","sortOrder":35}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2720},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original scope. While initially focused on general industry marketing and research bodies, it now includes specific statutory frameworks for live-stock export marketing and research bodies (sections 64A-64B, Division 4 of Part 3) and meat processor marketing and research bodies (sections 64C-64D). This reflects a move from a single-industry approach to a segmented structure addressing distinct sectors (general producers, live exporters, and processors) with separate funding streams, eligibility criteria, and specific parliamentary reporting requirements for live-stock export activities."},"complexity_factors":["Extensive cross-referencing to external levy and charge legislation (Primary Industries (Excise) Levies Act 1999, Primary Industries (Customs) Charges Act 1999, and repealed predecessor acts)","Six distinct statutory bodies with specific eligibility criteria and mutual exclusivity restrictions (e.g., a body cannot simultaneously hold roles in the general industry and live-stock export sectors)","Complex matching payment calculations with statutory caps, conditional repayment triggers, and set-off provisions (section 66)","Detailed procedural requirements for ministerial declarations including verification of company structure, assessment of representation capacity, and mandatory consent","Conditional spending restrictions tied to specific funding agreements and requiring repayment of Commonwealth refunds"],"plain_english_summary":"**What this law does**\n\nThis Act creates a system where Australia's meat and livestock industry funds its own marketing and research through compulsory levies and export charges. It authorises the Minister to appoint specific non-profit companies (\"companies limited by guarantee\") as official industry bodies to receive and manage these funds.\n\n**Who it affects**\n\n- Farmers, graziers and livestock producers\n- Live-stock exporters\n- Meat processors (slaughterhouses and processing facilities)\n- Industry representative bodies\n\n**The six industry bodies**\n\nThe Minister can declare:\n- **Industry Marketing Body** – promotes Australian meat and livestock generally\n- **Industry Research Body** – funds research and development\n- **Live-stock Export Marketing/Research Bodies** – specific to the live export trade\n- **Meat Processor Marketing/Research Bodies** – specific to slaughter and processing operations\n\n*Note: One company can be both the marketing AND research body for a single sector, but cannot hold roles across different sectors (e.g., cannot be both the general industry body and the live-export body).*\n\n**The money flow**\n\n- **Levies** (domestic taxes on livestock transactions and slaughter) and **charges** (export taxes) collected under separate legislation are directed to these bodies\n- The Commonwealth matches research contributions dollar-for-dollar, capped at 0.5% of the industry's total gross production value\n- Money must be spent only on specified purposes: marketing/promotion for marketing bodies; R&D for research bodies\n\n**Ministerial oversight**\n\n- The Minister must consult with industry before making decisions\n- Can issue binding directions to bodies in **exceptional circumstances** affecting national interest (trade, quarantine, external affairs), subject to parliamentary tabling\n- Must table reports on live-stock export body funding agreements and compliance\n\n**Why it matters**\n\nIt allows the industry to pool resources for collective marketing and scientific research while maintaining government oversight to ensure funds are used appropriately and in the national interest."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The provided text presents the Act’s scope as creating declared industry marketing and research bodies, approved donors, funding flows tied to specified levies and charges, matching payments for industry research, limits on uses of funds, reporting requirements, and Ministerial powers and constraints (notably in sections 60–69 and 63–67). The text itself contains no indication that the statutory scope (the subjects and powers listed in those sections) has been altered from an earlier or original intent; therefore, on the basis of the supplied instrument alone, no change of scope is evidenced."},"complexity_factors":["Multiple categories of statutory bodies (industry marketing, industry research, live‑stock export marketing/research, meat processor marketing/research) with partially overlapping declaration rules (s60).","Payments are defined by cross‑reference to numerous schedules and other Acts (sections 63–64D and section 65), increasing interpretive load.","Commonwealth matching payments with a cap tied to a Secretary determination of gross value of production and repayable excesses (s66(1)–(5); s66(3B)), creating procedural and evidentiary complexity.","Ministerial discretion to declare bodies, set payment conditions and give emergency directions (s60, s63–64D, s69) combined with delegated rule‑making and legislative instruments.","Reporting and parliamentary tabling obligations for specific funding agreements (s68A–68D) with short deadlines for tabling and annual compliance reporting.","Statutory penalties and enforceable debts (failure to comply with a ministerial direction (s69(2)) and repayment obligations recoverable in court (s66(3B))).","Delegation pathways and limits (s70) and multiple exceptions permitting non‑tabling of directions (s69(6)–(7)), adding procedural branches.","Regulation‑making power covers procedural details (s74) and how the Secretary determines gross value of production (s66(4)), increasing reliance on subordinate instruments."],"plain_english_summary":"What this law does, in plain terms\n\n- Establishes a statutory framework for a set of meat and live‑stock industry bodies and for certain \"approved donors\". The Minister may formally declare particular incorporated organisations to be the industry marketing body, industry research body, live‑stock export marketing and research bodies, and meat processor marketing and research bodies (see section 60). Definitions for terms used in the Part are at sections 3 and 58.\n\n- Provides how those bodies are funded. The Commonwealth must pay amounts equal to specified levies and charges (collected under other Acts and listed in sections 63–64D and cross‑referenced in section 65) to the declared bodies. Payments are made from the Consolidated Revenue Fund and are to be paid on the times and conditions agreed between the Minister and each body (see sections 63–64D, 65).\n\n- Creates a Commonwealth matching arrangement for industry research funding. The Commonwealth will match (pay one‑half of) eligible industry research expenditures and some donor funds to the industry research body, subject to overall limits and a cap tied to the industry’s gross value of production (see section 66). If the Commonwealth’s matching receipts would cause the research body to retain more than 0.5% of industry gross value of production for a year, the research body must repay the excess (s66(3)). The Secretary determines gross value of production under rules that regulations may set (s66(3), (4)). Repayments are a debt recoverable by court action (s66(3B)).\n\n- Limits how the money may be used. Each declared body may only apply amounts it receives for specified items: reimbursing Commonwealth collection/administration costs and for marketing, promotion, research and development activities as appropriate to the body type, and any other uses that regulations or the conditions allow (see section 67 and subsections 67(1)–(3D)).\n\n- Allocates responsibilities and reporting. The Minister must have regard to broad industry policies when exercising powers under this Part (s59). Declared bodies and approved donors must notify the Minister of constitution changes (s62). If the Minister and a live‑stock export body enter a funding agreement, the Minister must table that agreement and annual compliance information in Parliament within set time limits (sections 68A–68D).\n\n- Gives the Minister limited powers to direct prescribed bodies in urgent national‑interest situations. The Minister may give written directions to prescribed bodies where the matter relates to subjects within federal power (trade, quarantine, external affairs, etc.) and only where the Minister is satisfied exceptional and urgent circumstances make it necessary; directors must be given an opportunity to discuss proposed directions beforehand; directions cannot require expenditure beyond amounts the Act or a related Act provides (s69). Failure to comply with a Ministerial direction is an offence with a penalty (s69(2)). Directions must ordinarily be tabled in Parliament unless the Minister (or the body on recommendation) certifies that tabling would likely prejudice commercial activities or national interest (s69(6)–(7)).\n\n- Preserves administrative flexibility and legal protections. The Minister and the Secretary can delegate many powers (s70). The Act binds the Crown but does not make the Crown prosecutable for an offence under the Act (s4). If the Act would otherwise acquire property other than on just terms, compensation is payable (s71). The Minister is not taken to be a company director solely because of powers in this Act (s72). The Governor‑General may make regulations to prescribe further matters (s74).\n\nWho pays, who decides, and what changes in behaviour the law causes (mechanics and incentives)\n\n- Who pays: The ultimate revenue source listed is the Consolidated Revenue Fund (sections 63(2), 64(2), 64A(2)–64D(2)). The amounts paid to the Commonwealth that flow to the industry bodies are defined as amounts equal to levies and charges collected under specific schedules of other Acts (sections 63–64D and section 65). Those levies/charges are imposed under separate legislation, so operators subject to those levies/charges are the immediate economic contributors to the funds that are passed through to declared bodies.\n\n- Who decides: The Minister decides which incorporated bodies are declared (s60) and the conditions/timing of payments to those bodies (s63–64D). The Secretary determines the industry gross value of production for the cap in s66(3) (subject to regulations under s66(4)). The Minister approves in writing when donor‑funded R&D is eligible for matching (s66(1)(b)). The Minister sets conditions in funding agreements and can direct prescribed bodies in urgent national‑interest circumstances (s69).\n\n- Behaviour changes and incentives: Declared bodies receive steady funding flows tied to levy/charge collections and matching support for research. The legal constraints on how bodies can apply funds (s67) create incentives to spend on specified marketing or R&D activities and to comply with conditions in funding agreements. The obligation to repay excess matching funds relative to gross value of production (s66(3)) limits the net retained research funds in high‑fund years and thus may shape the research body’s spending and reserve strategies. The Minister’s power to direct bodies in specified circumstances (s69) creates an operational check where the Minister can require actions during exceptional and urgent national‑interest situations (subject to procedural safeguards in s69(4)).\n\nCompliance burdens, discretion and enforcement risks (mechanical trade‑offs)\n\n- Compliance burdens and reporting: Declared bodies must notify the Minister of any changes to their constitution (s62). Live‑stock export funding agreements trigger parliamentary tabling and annual compliance reporting obligations (s68A–68D). Failure to follow a Ministerial direction is penalised (s69(2)).\n\n- Discretion and central control: The Minister has significant administrative discretion: selecting declared bodies (s60), setting payment conditions and timing (s63–64D), approving donor‑funded R&D for matching (s66(1)(b)), giving directions in urgent national‑interest cases (s69), and determining when to withhold tabling on commercial or national interest grounds (s69(6)–(7)). The Secretary also has an important administrative discretion to determine gross value of production for the cap (s66(3)–(4)). These points concentrate decision‑making powers in the executive and administrative apparatus.\n\n- Financial and legal enforcement mechanisms: Payments are appropriated from the Consolidated Revenue Fund (s63(2) etc.). The research body’s obligation to repay excess matching funds is a debt due to the Commonwealth and enforceable by court (s66(3B)). If the Commonwealth refunds a levy/charge, the recipient body must reimburse the Commonwealth (s68).\n\nTrade‑offs and opportunity costs visible from the text\n\n- Concentrated receipts vs. diffuse contributors: The Act channels particular levy and charge receipts to declared bodies (s63–64D). The financial benefit is concentrated on the declared bodies; the funding sources (levies/charges) are raised under other legislation and are collected from industry operators. The Act mechanically shifts flows from Commonwealth receipts to particular bodies on agreed conditions.\n\n- Conditional Commonwealth support for research: The Commonwealth matches eligible research spending (s66(1)), but subjects that support to limits (s66(2), (3)) and administrative determinations (s66(3)–(4)). That creates an incentive for the industry research body to raise or accept donor funds and spend them in ways that qualify for matching, but caps and repayment obligations put a ceiling on net retained funding relative to industry size.\n\n- Administrative simplicity versus cross‑legislative complexity: The mechanics rely on many cross‑references to schedules and other Acts (sections 63–65), and on delegated rules (regulations, legislative instruments). That centralises policy choice but requires administration across multiple instruments and creates reliance on executive rule‑making.\n\nSummary of practical effect\n\nMechanically, the Act (Part 3) sets up a system where the Minister declares which incorporated organisations will act as industry marketing and research bodies (and related export and processor bodies), the Commonwealth forwards specified levy and charge receipts to those declared bodies on agreed terms, the bodies must apply the money to defined purposes, and the Minister and Secretary retain oversight and certain powers (declaration, approval, direction, and calculation of caps). The statutory design therefore moves specified levy/charge revenue into a set of declared bodies for marketing and R&D, subject to administrative conditions, parliamentary tabling and reporting requirements (in some cases), and procedural limits on ministerial directions (sections 60–69, 63–67, 68A–68D)."}},"importantCases":[],"_links":{"self":"/api/acts/australian-meat-and-live-stock-industry-act-1997","history":"/api/acts/australian-meat-and-live-stock-industry-act-1997/history","analysis":"/api/acts/australian-meat-and-live-stock-industry-act-1997/analysis","conflicts":"/api/acts/australian-meat-and-live-stock-industry-act-1997/conflicts","importantCases":"/api/acts/australian-meat-and-live-stock-industry-act-1997/important-cases","documents":"/api/acts/australian-meat-and-live-stock-industry-act-1997/documents"}}