{"id":"C2004A05296","name":"Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997","slug":"australian-meat-and-live-stock-industry-repeals-and-consequential-provisions-act-1997","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"207 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":27234,"registerId":"commonwealth-C2004A05296-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"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 (Repeals and Consequential Provisions) Act 1997.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Sections 1, 2, 3 and 4 of this Act commence on the day on which this Act receives the Royal Assent.\n  (2) Item 11 of Schedule 1, item 20 of Schedule 2, Part 1 of Schedule 5, Divisions 1, 4 and 8 of Part 4 of Schedule 5 and Part 6 of Schedule 5 commence on the day on which this Act receives the Royal Assent.\n  (3) Subject to subsection (5), Schedule 1 (other than item 11), Schedule 2 (other than item 20), and Part 2 of Schedule 5, commence on the same day as Part 2 of the Australian Meat and Live‑stock Industry Act 1997.\n  (4) Subject to this section, the remaining provisions of this Act commence on the same day as Part 3 of the Australian Meat and Live‑stock Industry Act 1997.\n  (5) If Parts 2 and 3 of the Australian Meat and Live‑stock Industry Act 1997 commence at the same time, Schedule 2 (other than item 20) to this Act does not commence and is repealed at the commencement of Part 3 of the Australian Meat and Live‑stock Industry Act 1997.\n\n> Note: The amendments of the Meat and Live‑stock Industry Act 1995 set out in Schedule 2 to this Act will not be needed unless the export regulatory provisions contained in Part 2 of the Australian Meat and Live‑stock Industry Act 1997 commence before Part 3 of that Act. When Part 3 of that Act commences, the Meat and Live‑stock Industry Act 1995 will be repealed by Schedule 4 to this Act.\n\n  (6) If, on or before the commencement of Part 5 of Schedule 5, the Commonwealth Authorities and Companies Act 1997 commences or has commenced, Part 5 of Schedule 5 does not commence.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Effect of certain amendments","content":"#### 3 Effect of certain amendments\n\n  If, on or before the commencement of Schedule 3, the Audit (Transitional and Miscellaneous) Amendment Act 1997 commences or has commenced, the amendments of the National Cattle Disease Eradication Trust Account Act 1991 contained in Schedule 3 have effect as if they were amendments of the National Cattle Disease Eradication Reserve Act 1991.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedule(s)","content":"#### 4 Schedule(s)\n\n  Subject to sections 2 and 3, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.","sortOrder":3},{"sectionNumber":"8","sectionType":"section","heading":"Act to have effect subject to Division 3 of Part 2 of the Australian Meat and Live‑stock Industry Act 1997","content":"#### 8 Act to have effect subject to Division 3 of Part 2 of the Australian Meat and Live‑stock Industry Act 1997\n\n  This Act has effect subject to Division 3 of Part 2 of the Australian Meat and Live‑stock Industry Act 1997.\n\n10 Section 8A\n\nRepeal the section, substitute:","sortOrder":4},{"sectionNumber":"8A","sectionType":"section","heading":"Delegation","content":"#### 8A Delegation\n\n  The Secretary may, in writing, delegate all or any of the Secretary’s powers under this Act to an officer, within the meaning of the Public Service Act 1922, or to an APS employee, within the meaning of the Public Service Act 1997, who is employed in the Department.\n\n11 Section 9\n\nRepeal the section, substitute:","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Regulations","content":"#### 9 Regulations\n\n  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\n  \n\nSchedule 2—Amendment of the Meat and Live‑stock Industry Act 1995\n\n1 Paragraph 51(1)(a)\n\nOmit “and control”.\n\n2 Section 52 (definition of authorised officer)\n\nRepeal the definition.\n\n3 Section 52 (definition of covering)\n\nRepeal the definition.\n\n4 Section 52 (definition of enter)\n\nRepeal the definition.\n\n5 Section 52 (definition of evidential material)\n\nRepeal the definition.\n\n6 Section 52 (definition of examine)\n\nRepeal the definition.\n\n7 Section 52 (definition of export licence)\n\nRepeal the definition.\n\n8 Section 52 (definition of live‑stock export licence)\n\nRepeal the definition.\n\n9 Section 52 (definition of meat export licence)\n\nRepeal the definition.\n\n10 Section 52 (definition of occupier)\n\nRepeal the definition.\n\n11 Section 52 (definition of offence against this Part)\n\nRepeal the definition.\n\n12 Section 52 (definition of premises)\n\nRepeal the definition.\n\n13 Section 52 (definition of registered premises)\n\nRepeal the definition.\n\n14 Paragraph 54(c)\n\nOmit “, promote and control”, substitute “and promote”.\n\n15 Paragraph 54(d)\n\nRepeal the paragraph.\n\n16 Subdivisions B and C of Division 2 of Part 3\n\nRepeal the Subdivisions.\n\n17 Division 7 of Part 3\n\nRepeal the Division.\n\n18 Sections 161 and 162\n\nRepeal the sections.\n\n19 Paragraph 163(2)(b)\n\nRepeal the paragraph.\n\n20 Section 227\n\nOmit “30 June 1998”, substitute “31 December 1998”.\n\n  \n\nSchedule 3—Consequential amendments of other Acts\n\nAustralian Animal Health Council (Live‑stock Industries) Funding Act 1996\n\n1 Section 3 (definition of Australian Animal Health Council levy)\n\nRepeal the definition, substitute:\n\n> Australian Animal Health Council levy means a levy or charge the rate of which is set by or under any of the following provisions:\n\n    (a) paragraph 5(1)(d) or 5(2)(d) of the Cattle (Producers) Export Charges Act 1997;\n    (b) paragraph 7(1)(d), 7(2)(d) or 7(3)(d) of the Cattle Transactions Levy Act 1997;\n    (c) subsection 9(1) of the Dairy Produce Levy (No. 1) Act 1986, so far as it relates to paragraph 5(1)(g) of that Act;\n    (d) paragraph 7(b) of the Laying Chicken Levy Act 1988;\n    (e) paragraph 5(c), 6(c) or 7(c) of the Live‑stock (Producers) Export Charges Act 1997;\n    (f) paragraph 6(1)(c), 7(c) or 8(1)(c) of the Live‑stock Transactions Levy Act 1997;\n    (g) paragraph 7(1)(b) of the Meat Chicken Levy Act 1969;\n    (h) paragraph 6(1)(c) of the Pig Slaughter Levy Act 1971.\n\nNational Cattle Disease Eradication Trust Account Act 1991\n\n2 After paragraph 5(1)(aa)\n\nInsert:\n\n    (ab) amounts equal to the amounts of levy received by the Commonwealth because of paragraph 5(b) of the Buffalo Slaughter Levy Act 1997; and\n\n3 After paragraph 5(1)(ba)\n\nInsert:\n\n    (baa) amounts equal to the amounts of charge received by the Commonwealth because of paragraph 6(b) of the Buffalo Export Charge Act 1997; and\n\n4 After paragraph 5(1)(bc)\n\nInsert:\n\n    (bca) amounts equal to the amounts of levy received by the Commonwealth because of paragraphs 7(1)(c), 7(2)(c) and 7(3)(c) of the Cattle Transactions Levy Act 1997; and\n\n5 After paragraph 5(1)(bd)\n\nInsert:\n\n    (be) amounts equal to the amounts of charge received by the Commonwealth because of paragraphs 5(1)(c) and 5(2)(c) of the Cattle (Producers) Export Charges Act 1997; and\n\nNational Residue Survey (Livestock Slaughter) Levy Act 1992\n\n7 Section 3 (definition of livestock)\n\nOmit “sheep, lambs, goats,”.\n\n8 Section 3 (definition of livestock)\n\nOmit “, buffaloes”.\n\nPrimary Industries Levies and Charges Collection Act 1991\n\n9 Subsection 4(1) (paragraph (f) of the definition of producer)\n\nOmit “live‑stock within the meaning of the Live‑stock Slaughter Levy Act 1964 (in so far as the collection of levy imposed under that Act is concerned),”.\n\n10 Subsection 4(1) (after paragraph (f) of the definition of producer)\n\nInsert:\n\n    (fa) in the case of live‑stock within the meaning of the Live‑stock (Producers) Export Charges Act 1997 (in so far as collection of charge imposed under that Act is concerned)—the person who owned the live‑stock immediately before the export in respect of which the charge is imposed;\n    (fb) in the case of cattle within the meaning of the Cattle (Producers) Export Charges Act 1997 (in so far as collection of charges imposed under that Act is concerned)—the person who owned the cattle immediately before the export in respect of which the charge is imposed;\n    (fc) in the case of buffaloes (in so far as collection of charge imposed under the Buffalo Export Charge Act 1997 is concerned)—the person who owned the buffaloes immediately before the export in respect of which the charge is imposed;\n\n11 Subsection 4(1) (paragraph (g) of the definition of producer)\n\nOmit “Live‑stock Export Charge Act 1977”, substitute “Live‑stock (Exporters) Export Charge Act 1997”.\n\n12 Paragraph 4(2)(a)\n\nOmit “6(1), (2) or (3) of the Cattle Transaction Levy Act 1995”, substitute “8(1), (2) or (3) of the Cattle Transactions Levy Act 1997”.\n\n13 Paragraph 4(2)(c)\n\nOmit “Cattle Export Charge Act 1990”, substitute “Cattle (Exporters) Export Charge Act 1997”.\n\n14 At the end of subsection 4(2)\n\nAdd:\n\n    ; and (d) a person who, under section 9 of the Live‑stock Slaughter (Processors) Levy Act 1997, is liable to pay levy in relation to live‑stock is taken to be the producer of the live‑stock; and\n    (e) a person who, under section 9 of the Live‑stock Transactions Levy Act 1997, is liable to pay levy in relation to live‑stock is taken to be the producer of the live‑stock; and\n    (f) a person who, under section 6 of the Buffalo Slaughter Levy Act 1997, is liable to pay levy in relation to buffaloes is taken to be the producer of the buffaloes.\n\n15 Subsection 7(2A)\n\nOmit “Cattle Transaction Levy Act 1995”, substitute “Cattle Transactions Levy Act 1997”.\n\n16 Subsection 8(3)\n\nOmit “live‑stock (being live‑stock within the meaning of the Live‑stock Slaughter Levy Act 1964)”, substitute “sheep, lambs, buffaloes, goats”.\n\n17 Subsection 8(3)\n\nOmit “the live‑stock”, substitute “the sheep, lambs, buffaloes, goats”.\n\n18 Subsection 8(4)\n\nOmit “Cattle Transaction Levy Act 1995”, substitute “Cattle Transactions Levy Act 1997”.\n\n19 Schedule 1\n\nOmit:\n\n| Cattle Export Charge Act 1990     |\n| --------------------------------- |\n| Live‑stock Export Charge Act 1977 |\n\n20 Schedule 1\n\nInsert in their appropriate alphabetical positions, determined on a letter‑by‑letter basis:\n\n| Buffalo Export Charge Act 1997                 |\n| ---------------------------------------------- |\n| Cattle (Exporters) Export Charge Act 1997      |\n| Cattle (Producers) Export Charges Act 1997     |\n| Live‑stock (Exporters) Export Charge Act 1997  |\n| Live‑stock (Producers) Export Charges Act 1997 |\n\n21 Schedule 2\n\nOmit:\n\n| Cattle Transaction Levy Act 1995   |\n| ---------------------------------- |\n| Live‑stock Slaughter Levy Act 1964 |\n\n22 Schedule 2\n\nInsert in their appropriate alphabetical positions, determined on a letter‑by‑letter basis:\n\n| Buffalo Slaughter Levy Act 1997                                             |\n| --------------------------------------------------------------------------- |\n| Cattle Transactions Levy Act 1997                                           |\n| Live‑stock Slaughter (Processors) Levy Act 1997                             |\n| Live‑stock Transactions Levy Act 1997                                       |\n| National Residue Survey (Buffalo Slaughter) Levy Act 1997                   |\n| National Residue Survey (Cattle Export) Levy Act 1997                       |\n| National Residue Survey (Cattle Transactions) Levy Act 1997                 |\n| National Residue Survey (Sheep, Lambs and Goats Export) Levy Act 1997       |\n| National Residue Survey (Sheep, Lambs and Goats Transactions) Levy Act 1997 |\n\n  \n\nSchedule 4—Repeal of Acts\n\n1 Repeal of Acts\n\nThe Acts specified in this Schedule are repealed.\n\nCattle Export Charges Act 1990\n\nCattle Transaction Levy Act 1995\n\nLive‑stock Export Charge Act 1977\n\nLive‑stock Slaughter Levy Act 1964\n\nMeat and Live‑stock Industry Act 1995\n\nMeat and Live‑stock Industry Legislation Repeal Act 1995\n\nNational Residue Survey (Cattle Export) Levy Act 1995\n\nNational Residue Survey (Cattle Transactions) Levy Act 1995\n\n  \n\nSchedule 5—Transitional, saving and consequential provisions\n\nPart 1—Functions of statutory authorities\n\n1 Definitions\n\nIn this Part:\n\n> Meat Industry Act means the Meat and Live‑stock Industry Act 1995.\n\n> new Act means the Australian Meat and Live‑stock Industry Act 1997.\n\n> statutory authority means:\n\n    (a) the Meat Industry Council; or\n    (b) the Australian Meat and Live‑stock Corporation; or\n    (c) the Meat Research Corporation.\n\n2 Functions of statutory authorities\n\n(1) It is a function of each statutory authority to assist in relation to matters relevant to, or arising out of, the commencement of Part 3 of the new Act, the repeal of the Meat Industry Act and the intended operation of Parts 3 and 4 of this Schedule.\n\n(2) Without limiting subitem (1), the assistance to be given by a statutory authority includes:\n\n    (a) providing the Minister, at the Minister’s request, with a written report containing full particulars of the money and other assets of the authority; and\n    (b) taking such action as the Minister directs, being action reasonably required to enable the Minister to make properly informed decisions in relation to assets and liabilities of the authority; and\n    (c) reimbursing the Commonwealth for money expended by the Commonwealth in relation to matters of the kind mentioned in subsection (1), and making such other payments as the Minister directs in relation to any such matters.\n\n(3) The function conferred on a statutory authority under subitem (1) is in addition to the functions conferred on the authority by the Meat Industry Act.\n\n3 Repeal of Part\n\nThis Part is repealed when the Meat Industry Act is repealed.\n\n  \n\nPart 2—Transitional and saving provisions relating to the control of meat and live‑stock exports\n\n4 Definitions\n\nIn this Part:\n\nAMLC means the Australian Meat and Live‑stock Corporation.\n\ncommencement time means the time when this Part commences.\n\nnew Act means the Australian Meat and Live‑stock Industry Act 1997.\n\nold Act means the Meat and Live‑stock Industry Act 1995, as in force immediately before the commencement time.\n\nQuotas Act means the Australian Meat and Live‑stock (Quotas) Act 1990.\n\nSecretary means the Secretary of the Department.\n\n5 Export licences, orders, directions etc.\n\n(1) An export licence, order, direction, notice or other document granted, made, issued or given by the AMLC under a provision of Subdivision B or C of Division 2 of Part 3, or Part 7, of the old Act or under the Quotas Act, and in force immediately before the commencement time, continues to have effect after that time as if it had been granted, made, issued or given by the Secretary under the corresponding provision of Part 2 of the new Act, or under the Quotas Act as amended by this Act, as the case requires.\n\n(2) An application made under Part 3 of the old Act before the commencement time may be dealt with after that time as if it had been made under Part 2 of the new Act.\n\n6 Decisions and determinations\n\nA decision or determination made by the AMLC under a provision of Subdivision B or C of Division 2 of Part 3 of the old Act, and in force immediately before the commencement time, continues to have effect after that time as if it had been made by the Secretary under the corresponding provision of Part 2 of the new Act.\n\n7 Warrants\n\nA warrant issued under the old Act, and in force immediately before the commencement time, has effect according to its terms after that time as if it had been issued under the new Act.\n\n8 Nominees\n\nAn appointment of a person as the nominee of the holder of an export licence made under the old Act, and in force immediately before the commencement time, continues to have effect after that time as if it had been made under the new Act.\n\n9 Analysts\n\nAn appointment of a person as an analyst made under the old Act, and in force immediately before the commencement time, continues to have effect after that time as if it had been made under the new Act.\n\n  \n\nPart 3—Transfer of assets and liabilities, and other consequential and transitional provisions\n\n10 Definitions\n\nIn this Part:\n\n> authorised person means the Minister, or an officer authorised in writing by the Minister for the purposes of this Part.\n\n> assets, in relation to a statutory authority, means any legal or equitable estate or interest of the authority in real or personal property (whether actual, contingent or prospective) and includes all rights, powers, privileges and immunities of the authority (whether actual, contingent or prospective).\n\n> commencement time means the time when this Part commences.\n\n> liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective.\n\n> officer means a person in the Department who is engaged under the Public Service Act 1999.\n\n> statutory authority means:\n\n    (a) the Meat Industry Council; or\n    (b) the Australian Meat and Live‑stock Corporation; or\n    (c) the Meat Research Corporation.\n\n11 Assets and liabilities of statutory authorities\n\n(1) The assets and liabilities of each statutory authority become assets and liabilities of the Commonwealth at the commencement time.\n\n12 Payments to prescribed industry bodies etc.\n\n(1) Subject to this item, an authorised person may, in writing, direct that a specified amount be paid to the prescribed industry body, or to any other person, identified in the direction, subject to such conditions (if any) about the use or expenditure of the amount as are set out in the direction.\n\n(2) If an authorised person gives a direction under subitem (1), the amount specified in the direction is payable out of the Consolidated Revenue Fund, which is appropriated accordingly, to the prescribed industry body or other person identified in the direction.\n\n(3) The payment of an amount under subitem (2) is subject to the conditions (if any) about the use of expenditure of the amount as are set out in the direction.\n\n(5) A copy of each direction must be published in the Gazette.\n\n13 Transfer of certain assets and liabilities\n\n(1) If an asset (other than money) vested in the Commonwealth under subitem 11(1), or a liability of a statutory authority, is identified in a written determination made by an authorised person, the asset or liability becomes an asset or liability of the prescribed industry body specified in the determination on the day so specified, subject to such conditions (if any) about the use or disposal of the asset as are set out in the determination.\n\n(2) An authorised person may sell any asset of the kind referred to in subitem (1) on behalf of the Commonwealth.\n\n(4) A copy of each determination must be published in the Gazette.\n\n14 Offence\n\n(1) A prescribed industry body or other person to whom an asset is transferred, or to whom an amount has been paid, under item 12 or 13 subject to a condition must not contravene the condition, either intentionally or being reckless as to the condition.\n\nPenalty: 120 penalty units.\n\n(2) Chapter 2 of the Criminal Code applies to offences against this item.\n\n15 Exemption from certain State and Territory stamp duties\n\n(1) No stamp duty is payable under a law of a State or Territory in respect of an exempt matter, or anything connected with an exempt matter.\n\n(2) An authorised person may certify in writing:\n\n    (a) that a specified matter is an exempt matter; or\n    (b) that a specified thing was done in connection with a specified exempt matter.\n\n(3) In all counts, and for all purposes, a certificate under subitem (2) is evidence of the matter stated in the certificate.\n\n(4) A document that appears to be a certificate under subitem (2) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n(5) In this item:\n\n> exempt matter means:\n\n    (a) an asset or liability ceasing to be an asset or liability of a statutory authority and becoming an asset or liability of a prescribed industry body or other person; or\n    (b) the operation of this Schedule in any other respect.\n\n16 Commonwealth records\n\n(1) This Act does not authorise a Commonwealth record to be transferred or otherwise dealt with except in accordance with the Archives Act 1983.\n\n(2) A Commonwealth record must not be transferred to a person under this Part in connection with the operation of this Act in relation to the person unless the Australian Archives has given permission under paragraph 24(2)(b) of the Archives Act 1983.\n\n(3) In this item:\n\n> Commonwealth record has the same meaning as in the Archives Act 1983.\n\n17 References in statutory authority instruments\n\n(1) An authorised person may make a written determination that after the commencement time the instrument identified in the determination should continue to have effect according to its tenor as if a reference in the instrument to a specified statutory authority were a reference to a prescribed industry body specified in the determination.\n\n(2) If an authorised person makes a determination in relation to an instrument, the instrument continues to have effect after the commencement time in accordance with the determination.\n\n(3) In this item:\n\n> instrument means an instrument in operation immediately before the commencement time:\n\n    (a) to which a statutory authority is a party; or\n    (b) which was given to, or in favour of, a statutory authority; or\n    (c) in which a reference is made to a statutory authority; or\n    (d) under which any right or liability accrues or may accrue to a statutory authority.\n\n18 Pending proceedings\n\n(1) This item applies to proceedings to which a statutory authority was a party and that were pending in any court or tribunal immediately before the commencement time.\n\n(2) An authorised person may, in writing, direct that the prescribed industry body specified in the directions be substituted for the statutory authority as a party to the proceedings.\n\n(3) If an authorised person gives a direction under subsection (2), the prescribed industry body specified in the direction is, after the commencement time, by force of this item, substituted for the statutory authority as a party to the proceedings.\n\n19 Certificates in relation to interests in land\n\n(1) This item applies if:\n\n    (a) land becomes land of a prescribed industry body under this Part; and\n    (b) there is lodged with a land registration official a certificate that:\n    (i) is signed by an authorised person; and\n    (ii) identifies the land, whether by reference to a map or otherwise; and\n    (iii) states that the land has become land of the prescribed industry body, under this Part.\n\n(2) The land registration official may:\n\n    (a) register the matter in the same way that dealings in land of that kind are registered; and\n    (b) deal with, and give effect to, the certificate.\n\n(3) A document that appears to be a certificate under subitem (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n(4) In this item:\n\n> land registration official means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n20 Certificates in relation to other assets\n\n(1) This item applies if:\n\n    (a) an asset (other than money) becomes an asset of a prescribed industry body under this Part; and\n    (b) there is lodged with an assets official a certificate that:\n    (i) is signed by an authorised person; and\n    (ii) identifies the asset; and\n    (iii) states that the asset has become an asset of the body under this Part.\n\n(2) The assets official may:\n\n    (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n    (b) make such entries in the register as are necessary, having regard to the effect of this Part.\n\n(3) A document that appears to be a certificate under subitem (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n(4) In this item:\n\n> assets official means a person or authority who, under the law of the Commonwealth or of a State or Territory, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n21 Saving: levies and charges\n\n(1) Despite:\n\n    (a) the repeal or amendment by this Act of another Act that imposes a levy or charge; and\n    (b) the amendment by this Act of the Primary Industries Levies and Charges Collection Act 1991;\n\nthe Acts so repealed or amended, as the case may be, any regulations made under or for the purposes of those Acts, and any agreement between the Commonwealth and a State or Territory under any of those Acts, continue to apply in relation to levy or charge imposed before the commencement time as if the Acts had not been so repealed or amended.\n\n(2) If:\n\n    (a) an amount was payable to a statutory authority under section 43, 125 or 203 of the Meat and Live‑stock Industry Act 1995 before the commencement time; and\n    (b) the amount had not been paid to the statutory authority before that time;\n\nan amount equal to that amount is to be paid to the prescribed industry body identified in writing by an authorised person.\n\n(3) If:\n\n    (a) an amount (the received amount) is received or collected by the Commonwealth after the commencement time because of the operation of subitem (1); and\n    (b) an amount equal to the whole or part of the received amount would have been payable to a statutory authority under section 43, 125 or 203 of the Meat and Live‑stock Industry Act 1995 if the Commonwealth had received or collected the received amount before the commencement time;\n\nan amount equal to the amount that would have been payable to the statutory authority in the circumstances referred to in paragraph (b) is to be paid to the prescribed industry body identified in writing by an authorised person.\n\n(4) If:\n\n    (a) before the commencement time an amount was payable to a prescribed body or into a prescribed account under another Act; and\n    (b) the amount had not been paid to the body or into the account before that time;\n\nan amount equal to that amount is to be paid to the body, or into the account, as the case requires.\n\n(5) If:\n\n    (a) an amount (the received amount) is received or collected by the Commonwealth after the commencement time because of the operation of subitem (1); and\n    (b) an amount equal to the whole or part of the received amount would have been payable to a prescribed corporation or into a prescribed account under another Act if the Commonwealth had received or collected the received amount before the commencement time;\n\nan amount equal to the amount that would have been payable to the corporation, or into the account, in the circumstances referred to in paragraph (b) is to be paid to the corporation, or into the account, as the case requires.\n\n(6) Amounts payable under this item are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n(7) In this item:\n\n> National Cattle Disease Eradication Account means:\n\n    (a) the trust account called the National Cattle Disease Eradication Trust Account continued in existence by section 4 of the National Cattle Disease Eradication Trust Account Act 1991; or\n    (b) the reserve called the National Cattle Disease Eradication Reserve established by section 4 of the National Cattle Disease Eradication Reserve Act 1991.\n\n> prescribed account means:\n\n    (a) the National Cattle Disease Eradication Account; or\n    (b) the National Residue Survey Account established by subsection 6(1) of the National Residue Survey Administration Act 1992.\n\n> prescribed corporation means:\n\n    (a) the Australian Animal Health Council Limited, A.C.N. 071‑890‑956; or\n    (b) the Rural Industries Research and Development Corporation.\n\n22 Compensation for acquisition of property\n\n(1) If, apart from this item, 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\n(2) In this item:\n\n> acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.\n\n  \n\nPart 4—Staff of statutory authorities\n\nDivision 1—Preliminary\n\n23 Definitions\n\nIn this Part, unless the contrary intention appears:\n\n> authorised officer means the Minister or an officer authorised in writing by the Minister for the purposes of this Part.\n\n> commencement time means the time when Part 3 of the Australian Meat and Live‑stock Industry Act 1997 commences.\n\n> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.\n\n> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976, as in force immediately before the commencement time.\n\n> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973, as in force immediately before the commencement time.\n\n> officer means a person in the Department who is engaged under the Public Service Act 1999.\n\n> OHS Act means the Occupational Health and Safety (Commonwealth Employment) Act 1991, as in force immediately before the commencement time.\n\n> SRC Act means the Safety, Rehabilitation and Compensation Act 1988, as in force immediately before the commencement time.\n\n> staff member, in relation to a statutory authority, means a person who was, immediately before the commencement time, an officer or an employee of the authority, and includes the Chief Executive Officer or Managing Director of the authority.\n\n> statutory authority means:\n\n    (a) the Meat Industry Council; or\n    (b) the Australian Meat and Live‑stock Corporation; or\n    (c) the Meat Research Corporation;\n  and includes a body corporate that is a subsidiary of a body specified in paragraph (a), (b) or (c).\n\n> transferring staff member means a staff member of a statutory authority who becomes employed by a prescribed industry body at the commencement time.\n\n24 Subsidiaries\n\nFor the purposes of this Part, the question whether a body corporate is a subsidiary of another body corporate is to be determined under the Corporations Law.\n\n25 Equivalent terms and conditions of employment\n\nFor the purposes of this Part, the question whether the terms and conditions of employment of, or offered to, a person are, or would be, when taken as a whole, at least equivalent to other terms and conditions of employment, taken as a whole, that applied to the person at a particular time is to be determined in writing by an authorised officer.\n\nDivision 2—Application of the SRC Act\n\n26 Continued application of SRC Act\n\nThe SRC Act continues to apply after the commencement time in relation to:\n\n    (a) injuries suffered before that time by a staff member of a statutory authority; and\n    (b) loss of, or damage to, property incurred before that time by a staff member of a statutory authority.\n\n27 Commonwealth liability to meet certain SRC Act liabilities\n\nAfter the commencement time, the Commonwealth:\n\n    (a) is liable to pay the liabilities of the Australian Meat and Live‑stock Corporation under section 128A of the SRC Act; and\n    (b) subject to item 28, is taken to have been the employer of the staff members of the Australian Meat and Live‑stock Corporation before the commencement time for the purposes of the application of the SRC Act in relation to those liabilities.\n\n28 SRC Act: rehabilitation provisions\n\n(1) If a transferring staff member had, before the commencement time, suffered an injury resulting in an incapacity for work or an impairment, the staff member’s employer must, after that time, provide such reasonable co‑operation and assistance as the Commonwealth requires to enable the Commonwealth to fulfil its obligations under sections 36, 37, 38, 39, 41 and 41A of the SRC Act in relation to the transferring staff member.\n\n(2) After the commencement time, a prescribed industry body is, for the purposes of section 40 of the SRC Act, taken to be the relevant employer of each transferring staff member employed by the body.\n\n(3) After the commencement time, a prescribed industry body which employs a transferring staff member is, for the purposes of section 71 of the SRC Act in relation to the staff member, taken to be a Commonwealth authority.\n\n(4) Expressions used in this item have the same meanings as they have in the SRC Act.\n\nDivision 3—Deferred DFRDB Act benefits\n\n30 Saving: deferred benefits under the DFRDB Act\n\n(1) This item applies to an employee of a prescribed industry body if, immediately before the commencement time, the employee was:\n\n    (a) a staff member of a statutory authority; and\n    (b) a person to whom deferred benefits were applicable under section 78 of the DFRDB Act.\n\n(2) For the purposes of Division 3 of Part IX of the DFRDB Act, the employee is taken to continue in public employment after the commencement time while the employee continues to be employed by a prescribed industry body.\n\n(3) This item is subject to Division 3 of Part IX of the DFRDB Act.\n\nDivision 4—Provisions relating to continuity of service and certain leave entitlements\n\n31 Transferring staff members: leave entitlements and continuity of service\n\n(1) After the commencement time, this item has effect for the purposes of applying a law or an award to the employment by a prescribed industry body of a transferring staff member.\n\n(2) The service of the transferring staff member as an employee of the prescribed industry body is taken, for all purposes, to be continuous with his or her service as a staff member of a statutory authority.\n\n(3) After the commencement time, the transferring staff member:\n\n    (a) is taken to have accrued an entitlement to Long Service Leave Act benefits, recreation leave benefits and sickness leave benefits; and\n    (b) is taken to have an entitlement to recognition by the prescribed industry body of years of service;\n\nin connection with his or her employment by the prescribed industry body, that is equivalent to the entitlement that the staff member had as an officer or employee of the statutory authority immediately before the commencement time.\n\nDivision 5—Maternity leave provisions\n\n32 Maternity leave starting before commencement time\n\n(1) This item applies in relation to a person if:\n\n    (a) immediately before the commencement time, the person was a female staff member of a statutory authority who was on leave granted under the Maternity Leave Act; and\n    (b) the person becomes an employee of a prescribed industry body at the commencement time; and\n    (c) the person would have been entitled to have remained on that leave after the commencement time if the person had continued to be a staff member of the statutory authority.\n\n(2) After the commencement time, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which the leave was granted as if the relevant prescribed industry body were a prescribed authority for the purposes of that Act.\n\n33 Maternity leave starting after commencement time\n\n(1) This item applies in relation to a person if:\n\n    (a) immediately before the commencement time, the person was a female staff member of a statutory authority; and\n    (b) the person becomes an employee of a prescribed industry body at the commencement time; and\n    (c) within 9 months after the commencement time, the person would have been entitled to start leave granted under the Maternity Leave Act if the person had continued to be a staff member of the statutory authority.\n\n(2) After the commencement time, the Maternity Leave Act continues to apply to the person in relation to the confinement in respect of which she would have been entitled to leave as if the relevant prescribed industry body were a prescribed authority for the purposes of that Act.\n\nDivision 6—Provisions relating to superannuation\n\n34 Application of the Superannuation Act 1922\n\nSection 145 of the Superannuation Act 1922 does not apply in relation to a prescribed industry body.\n\n35 Application of other Superannuation Acts\n\nA prescribed industry body is not an approved authority for the purposes of the Superannuation Act 1976 or the Superannuation Act 1990.\n\n36 Application of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n(1) The Minister must not declare a prescribed industry body to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n(2) In this item:\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\nDivision 7—Provisions relating to long service leave\n\n37 Definitions\n\n(1) Unless the contrary intention appears, a word or expression has the same meaning in this Division as it has in the Long Service Leave Act.\n\n(2) In this Division:\n\n> combined service period, in relation to an employee, means the total of:\n\n    (a) the period that is, immediately before the commencement time, the employee’s period of service for the purposes of the Long Service Leave Act; and\n    (b) the period, during which the employee continues to be an employee of a prescribed industry body.\n\n> employee includes a person employed in a full‑time or a part‑time capacity.\n\n> law means:\n\n    (a) a law of the Commonwealth or of a State or Territory; or\n    (b) regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.\n\n> post‑commencement long service leave rights, in relation to an employee, means any long service leave rights the employee acquires after the commencement time under an award, determination, industrial agreement or law (other than this Act).\n\n38 Long service leave for employees with less than 10 years service\n\n(1) This item applies in relation to a person:\n\n    (a) who became an employee of a prescribed industry body at the commencement time; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the commencement time was less than 10 years.\n\n(2) This item does not apply in relation to an employee of a prescribed industry body who dies.\n\n(3) If, after the commencement time, the employee continues to be employed by a prescribed industry body until his or her combined service period is at least 10 years, the body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subitem 41(1).\n\n(4) If:\n\n    (a) the employee stops being an employee of a prescribed industry body on or after reaching the minimum retiring age, or because of retrenchment; and\n    (b) the employee’s combined service period at the time when he or she stops being an employee of the body is at least one year;\n\nthe body may grant the employee long service leave on full salary for a period up to the employee’s long service leave credit under subitem 41(1).\n\n(5) If a period of long service leave may be granted to an employee under subitem (3) or (4), the relevant body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not longer than twice the first‑mentioned period.\n\n(6) Long service leave granted in the circumstances set out in subitem (4) must be taken so as to end immediately before the employee stops being an employee.\n\n(7) For the purposes of this item, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 20 of the Long Service Leave Act if:\n\n    (a) that section applied to the employee; and\n    (b) for the expression “section 16 or 17” in that section there were substituted the expression “item 38 of Schedule 5 to the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997”.\n\n39 Payments in lieu of long service leave for employees with less than 10 years service\n\n(1) This item applies to a person:\n\n    (a) who became an employee of a prescribed industry body at the commencement time; and\n    (b) whose period of service for the purposes of the Long Service Leave Act immediately before the commencement time was less than 10 years.\n\n(2) This item does not apply in relation to an employee of a prescribed industry body who dies.\n\n(3) If the employee stops being an employee of a prescribed industry body on or after the day on which his or her combined service period reaches 10 years, the body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subitem 41(2).\n\n(4) If:\n\n    (a) the employee stops being an employee of a prescribed industry body, on or after reaching the minimum retiring age, or because of retrenchment; and\n    (b) at that time the employee’s combined service period is at least one year;\n\nthe body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subitem 41(2).\n\n(5) If:\n\n    (a) the employee stops being an employee of a prescribed industry body; and\n    (b) the body is satisfied that the employee left the body’s employment because of ill‑health that justified his or her so leaving; and\n    (c) when the employee left, his or her combined service period was at least one year;\n\nthe body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subitem 41(2).\n\n(6) For the purposes of this item, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if:\n\n    (a) that section applied to the employee; and\n    (b) for the expression “sections 16 and 17” in that section there were substituted the expression “item 39 of Schedule 5 to the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997”.\n\n40 Payments on the death of an employee\n\n(1) This item applies to a person who was a staff member of a statutory authority immediately before the commencement time if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.\n\n(2) If the person dies after the commencement time and immediately before his or her death:\n\n    (a) the person was an employee of a prescribed industry body; and\n    (b) the person’s combined service period was at least one year; and\n    (c) the person had one or more dependants;\n\nthe body must make a payment to the dependant or dependants.\n\n(3) The total amount of the payment or payments is the amount that would have been payable to the person under item 39 if, on the day of his or her death, the person had instead stopped being an employee of the prescribed industry body on or after reaching the minimum retiring age.\n\n(4) If subitem (2) applies, section 23 of the Long Service Leave Act has effect as if:\n\n    (a) that section applied to an employee of a prescribed industry body; and\n    (b) a reference in that section to the approving authority were a reference to the relevant body; and\n    (c) for the expression “this Act” in that section there were substituted the expression “item 40 of Schedule 5 to the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997”; and\n    (d) for the expression “subsection 16(7) or 17(5)” there were substituted the expression “item 40 of Schedule 5 to the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997”.\n\n41 Employee’s long service leave credit for the purposes of items 38 and 39\n\n(1) For the purposes of item 38, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:\n\n    (a) beginning when the employee began his or her period of service; and\n    (b) ending on the day when the commencement time occurred;\n\nif the employee had been retrenched on that day.\n\n(2) For the purposes of item 39, an employee’s long service leave credit is the employee’s long service leave credit worked out under subitem (1) reduced by any long service leave credit used under item 38.\n\n42 Employees with at least 10 years service\n\n(1) This item applies to an employee of a statutory authority whose period of service under the Long Service Leave Act was at least 10 years immediately before the commencement time.\n\n(2) Even though the employee ceases to be employed in Government Service for the purposes of the Long Service Leave Act, the employee’s accrued rights under that Act continue if the employee becomes an employee of a prescribed industry body at the commencement time. However, the employee is not entitled to receive any payment because he or she ceases to be in Government Service.\n\n(3) The Long Service Leave Act has effect on and after the commencement time in relation to the employee’s rights under that Act that accrued before the commencement time, as if the relevant prescribed industry body were an approving authority for the purposes of that Act.\n\n43 Division not to affect post‑commencement long service leave rights\n\nThis Division does not affect an employee’s post‑commencement long service leave rights.\n\nDivision 8—Miscellaneous transitional provisions relating to staff\n\n44 Staff members who accept employment with equivalent terms and conditions\n\n(1) This item applies in relation to a staff member of a statutory authority who, before the commencement time, is offered, and accepts, employment by a prescribed industry body, being employment:\n\n    (a) that starts at the commencement time; and\n    (b) the terms and conditions of which, taken as a whole, are at least equivalent to the terms and conditions of employment, taken as a whole, that applied to the staff member when the offer was made.\n\n(2) The staff member is not entitled to receive any payment or other benefit merely because he or she ceases to be a staff member of a statutory authority when the Meat and Live‑stock Industry Act 1995 is repealed by this Act.\n\n45 Cessation of mobility rights\n\n(1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied, immediately before the commencement time, to a person who becomes a transferring staff member that Division stops applying to the person at the commencement time and the person stops being an officer of the Australian Public Service at that time.\n\n(2) If Division 4 of Part IV of the Public Service Act 1922 applied immediately before the commencement time to a person who becomes a transferring staff member that Division, and the Officers’ Rights Declaration Act 1928, stop applying to the person at the commencement time, and the person stops being an officer of the Australian Public Service at that time.\n\n  \n\nPart 5—Final annual reports\n\n46 Definitions\n\nIn this Part:\n\n> commencing day means the day on which Part 3 of the Australian Meat and Live‑stock Industry Act 1997 commences.\n\n> statutory authority means:\n\n    (a) the Meat Industry Council; or\n    (b) the Australian Meat and Live‑stock Corporation; or\n    (c) the Meat Research Corporation.\n\n47 Final annual report: Meat Industry Council\n\n(1) In spite of the repeal of the Meat and Live‑stock Industry Act 1995, the Meat Industry Council continues in existence for the purpose of giving the Minister a report on the Council’s operations during the period starting on the last 1 July before the commencing day and ending on the commencing day.\n\n(2) To the extent necessary to enable the report to be prepared and given to the Minister, the Meat and Live‑stock Industry Act 1995 continues to have effect as if:\n\n    (a) it had not been repealed; and\n    (b) the period referred to in subitem (1) were a financial year.\n\n48 Final annual report: Australian Meat and Live‑stock Corporation\n\n(1) In spite of the repeal of the Meat and Live‑stock Industry Act 1995, the Australian Meat and Live‑stock Corporation continues in existence for the purpose of giving the Minister a report on the Corporation’s operations during the period starting on the last 1 July before the commencing day and ending on the commencing day.\n\n(2) To the extent necessary to enable the report to be prepared and given to the Minister, the Meat and Live‑stock Industry Act 1995 continues to have effect as if:\n\n    (a) it had not been repealed; and\n    (b) the period referred to in subitem (1) were a financial year.\n\n49 Final annual report: Meat Research Corporation\n\n(1) In spite of the repeal of the Meat and Live‑stock Industry Act 1995, the Australian Meat Research Corporation continues in existence for the purpose of giving the Minister a report on the Corporation’s operations during the period starting on the last 1 July before the commencing day and ending on the commencing day.\n\n(2) To the extent necessary to enable the report to be prepared and given to the Minister, the Meat and Live‑stock Industry Act 1995 continues to have effect as if:\n\n    (a) it had not been repealed; and\n    (b) the period referred to in subitem (1) were a financial year.\n\n50 Final annual reports: expenses and liabilities\n\nAny expenses or liabilities incurred by a statutory authority in connection with the preparation of a report under this Part, together with any remuneration or allowances payable to members of the authority, are to be paid or discharged by the Commonwealth out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n  \n\nPart 6—Regulations\n\n51 Regulations\n\n(1) The Governor‑General may make regulations prescribing matters:\n\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n(2) In particular, regulations may be made in relation to transitional matters arising out of the repeal of the Meat and Live‑stock Industry Act 1995 and the enactment of this Act and the following Acts:\n\n    (a) the Australian Meat and Live‑stock Industry Act 1997;\n    (b) the Buffalo Export Charge Act 1997;\n    (c) the Buffalo Slaughter Levy Act 1997;\n    (d) the Cattle (Exporters) Export Charge Act 1997;\n    (e) the Cattle (Producers) Export Charges Act 1997;\n    (f) the Cattle Transactions Levy Act 1997;\n    (g) the Live‑stock (Exporters) Export Charge Act 1997;\n    (h) the Live‑stock (Producers) Export Charges Act 1997;\n    (i) the Live‑stock Slaughter (Processors) Levy Act 1997;\n    (j) the Live‑stock Transactions Levy Act 1997;\n    (k) the National Residue Survey (Buffalo Slaughter) Levy Act 1997;\n    (l) the National Residue Survey (Cattle Export) Levy Act 1997;\n    (m) the National Residue Survey (Cattle Transactions) Levy Act 1997;\n    (n) the National Residue Survey (Sheep, Lambs and Goats Export) Levy Act 1997;\n    (o) the National Residue Survey (Sheep, Lambs and Goats Transactions) Levy Act 1997.","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The instrument itself sets out its intended scope: repeals, consequential amendments, asset/liability transfers, staff transition protections and regulatory powers. There is no internal textual indication that its final scope departs from that stated intent. Effective scope, however, is contingent on commencement sequencing of related Acts and Parts (section 2), so practical coverage may vary depending on those commencements."},"complexity_factors":["Multiple conditional commencement rules tying this Act’s operation to the timing of Parts of the Australian Meat and Live‑stock Industry Act 1997 (section 2, subsections (3)–(5))","Extensive repeal and amendment schedules touching many separate Acts and levy/charge regimes (Schedules 2–4)","Detailed transitional regimes for assets and liabilities, including transfer determinations, sale powers and Gazette publication requirements (Part 3, items 11–14)","Payment directions from authorised persons using Consolidated Revenue Fund appropriations, with conditions and criminal penalties for breach (Part 3, items 12 and 14)","Complex staff transition rules covering continuity of service, leave entitlements, superannuation exceptions and multiple employment statutes (Part 4, Divisions 2–7, items 26–43)","Interaction constraints with other Commonwealth statutes (Archives Act, Superannuation Acts, SRC Act, DFRDB Act) and consequent evidentiary or permission requirements (items 16, 27, 30, 34–36)","Delegation and regulatory-making powers concentrated in the Secretary and Governor‑General, increasing administrative discretion (section 8A; section 9; Part 6, item 51)","Numerous cross-references and saving provisions preserving pre‑commencement licences, warrants and proceedings, increasing interpretive workload (Part 2, items 5–9, 21)"],"plain_english_summary":"This Act repeals and amends earlier meat and livestock laws, shifts control of export licences and related regulatory powers into the Department (and the Secretary), transfers assets and liabilities of prior statutory authorities to the Commonwealth or to newly identified industry bodies, and preserves staff entitlements and existing licences during the transition. It authorises the Minister/authorised persons to direct payments from the Consolidated Revenue Fund and to make determinations, and allows regulations to manage the transitional arrangements and consequential amendments."},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act does precisely what its title indicates — it repeals old meat and live-stock industry legislation and handles the consequential (flow-on) legal matters arising from that repeal, including transitional arrangements, asset transfers, staff protections, and updates to related Acts. There is no evidence of scope creep beyond these purposes."},"complexity_factors":["Multiple staggered commencement dates with conditional triggers — some provisions only commence if other provisions in a *different* Act commence first, or don't commence at all if two parts of another Act commence simultaneously","Cross-references to a large web of other legislation (over 20 Acts referenced), requiring the reader to consult multiple external documents to understand the full effect","Parallel transitional regimes — different rules apply depending on whether employees had more or less than 10 years of service, whether maternity leave started before or after commencement, etc.","Conditional self-repeal of schedule provisions (Schedule 2 is repealed automatically under certain circumstances, without further action)","Complex asset and liability transfer mechanics involving authorised persons, ministerial directions, Gazette publication requirements, and land registration procedures","Interaction with Commonwealth constitutional property acquisition requirements (section 51(xxxi) compensation clause)","Superannuation and employment entitlement provisions require understanding of multiple superannuation Acts and the Long Service Leave Act","The Act amends, repeals, and transitionally preserves other Acts simultaneously — the same legislation that repeals an Act also saves it for limited purposes","Criminal offence provisions embedded within asset transfer conditions (120 penalty units) with Criminal Code Chapter 2 application"],"plain_english_summary":"This Act is transitional \"cleanup\" legislation that implemented the 1997 overhaul of Australia's meat and livestock regulatory framework. It ensured existing export licences, rights, liabilities, and the assets of winding-up industry bodies moved smoothly into the new system while protecting outstanding levy obligations.\n\nIt also preserved employee entitlements and limited how transferred assets could be used, affecting exporters, former agency staff, new industry bodies, and governments—preventing legal gaps or sudden loss of rights during the changeover."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Section 2(5)","severity":"medium","reasoning":"A repeal presupposes the existence of something to repeal. If Schedule 2 never commences (i.e., never enters into force), there is nothing to repeal. The provision attempts to repeal a legal nullity, which is logically incoherent. Parliament could simply have said Schedule 2 does not commence, without adding the repeal mechanism.","confidence":0.82,"description":"Schedule 2 is simultaneously repealed and never commences if Parts 2 and 3 of the Australian Meat and Live-stock Industry Act 1997 commence simultaneously. The provision states Schedule 2 'does not commence and is repealed' at the commencement of Part 3, meaning a Schedule can be repealed without ever having legal existence."},{"type":"other","section":"Schedule 5, Part 1, Item 3","severity":"low","reasoning":"While self-repealing provisions are not unprecedented, Part 1 confers functions on statutory authorities specifically to assist with the transition arising from the repeal of the Meat Industry Act. Repealing Part 1 at exactly the moment of the Meat Industry Act's repeal means the enabling legal authority for those transitional functions disappears at the moment it is most needed for completion of any outstanding transitional tasks.","confidence":0.65,"description":"Part 1 of Schedule 5 provides that it 'is repealed when the Meat Industry Act is repealed,' but Part 1 also commences on Royal Assent (s.2(2)). This creates a self-executing repeal tied to an external event, meaning the Part destroys itself upon the occurrence of the very event it was designed to facilitate."},{"type":"other","section":"Schedule 5, Part 5, Items 47-49","severity":"medium","reasoning":"Items 47 and 48 correctly name the 'Meat Industry Council' and 'Australian Meat and Live-stock Corporation' respectively, consistent with the definition of 'statutory authority' in item 46. Item 49, however, names an entity ('Australian Meat Research Corporation') that does not appear in the item 46 definition of 'statutory authority' and does not match the defined body ('Meat Research Corporation'). This creates ambiguity about which entity bears the obligation and may mean the obligation is legally unenforceable against either entity.","confidence":0.88,"description":"Item 49 refers to the 'Australian Meat Research Corporation' preparing a final annual report, but the defined term in Part 5 (item 46) and throughout the Act refers to the 'Meat Research Corporation.' The entity required to produce the report is misnamed."},{"type":"retroactive_impossibility","section":"Schedule 5, Part 4, Division 1, Item 23 (definition of 'officer') vs Schedule 5, Part 3, Item 10 (definition of 'officer')","severity":"medium","reasoning":"The Act was passed in 1997 but references the Public Service Act 1999 in its definitions, which postdates the enactment of this Act by two years. While a subsequent amendment may have updated the reference, as drafted the original Act would have contained a reference to a non-existent statute, making the definition of 'officer' inoperative at commencement. This is a legislative drafting absurdity that creates a gap in the operative provisions relating to staff transfers.","confidence":0.78,"description":"Both Part 3 and Part 4 of Schedule 5 define 'officer' as a person engaged under the Public Service Act 1999, yet the Act was enacted in 1997 and the Public Service Act 1999 did not exist at the time of enactment. This creates an impossible definitional reference at the time of enactment."},{"type":"other","section":"Section 8A (Schedule 1, Item 10)","severity":"low","reasoning":"Referencing two concurrent statutes defining similar workforce categories creates redundancy. More critically, the disjunctive 'or' implies they are mutually exclusive categories, yet the same person could conceivably fall under both definitions during the transitional period between the two Acts. The provision fails to address precedence.","confidence":0.55,"description":"The substituted section 8A authorises the Secretary to delegate powers to 'an officer, within the meaning of the Public Service Act 1922, or to an APS employee, within the meaning of the Public Service Act 1997.' These two Acts define overlapping classes of persons, potentially allowing dual delegation to the same individual under two different legal bases simultaneously."},{"type":"circular_definition","section":"Schedule 5, Part 4, Division 7, Item 38(2) and Item 39(2)","severity":"high","reasoning":"Item 39(2) states it does not apply to employees who die. Item 40(3) then calculates death payments as the amount 'that would have been payable to the person under item 39 if, on the day of his or her death, the person had instead stopped being an employee... on or after reaching the minimum retiring age.' The calculation mechanism for the death payment is thus a hypothetical application of a provision explicitly disapplied. While courts might resolve this via purposive construction, as a matter of strict logic the provision is self-defeating: the basis for the calculation is a provision that legally cannot apply.","confidence":0.85,"description":"Items 38(2) and 39(2) exclude deceased employees from the application of those items, but item 40 separately provides for payments upon death. However, item 40 calculates the death payment by reference to what 'would have been payable to the person under item 39' — an item that expressly does not apply to a deceased employee. This creates a circular dependency where the death payment calculation relies on a provision that is explicitly disapplied to that person."},{"type":"impossible_compliance","section":"Section 2(6) and Schedule 5 Part 5","severity":"medium","reasoning":"If the Commonwealth Authorities and Companies Act 1997 (which was also a 1997 Act) commenced before or simultaneously with Part 5 of Schedule 5, the final annual report obligations would never come into legal force. The statutory authorities would then have no legally mandated obligation to produce their final reports under this Act. Given both Acts were enacted in 1997, this outcome may have been the actual result in practice.","confidence":0.72,"description":"Section 2(6) provides that if the Commonwealth Authorities and Companies Act 1997 commences on or before the commencement of Part 5 of Schedule 5, then Part 5 does not commence. However, Part 5 contains the final annual report provisions, which are necessary to ensure statutory authorities produce their final reports. If Part 5 never commences due to this condition, the final annual reports may never be legally required."},{"type":"other","section":"Schedule 3, Items 7 and 8 (National Residue Survey (Livestock Slaughter) Levy Act 1992)","severity":"low","reasoning":"While this may represent a deliberate restructuring, the simultaneous removal and re-establishment creates a potential gap if the commencement timing of the different schedules does not align perfectly. Given the complex multi-stage commencement provisions in section 2, there is a real risk of a period where residue survey obligations for these animals have no operative legislative basis.","confidence":0.6,"description":"Schedule 3 items 7 and 8 amend the definition of 'livestock' in the National Residue Survey (Livestock Slaughter) Levy Act 1992 to remove 'sheep, lambs, goats' (item 7) and then separately remove 'buffaloes' (item 8). Yet Schedule 2, item 22 simultaneously adds the 'National Residue Survey (Sheep, Lambs and Goats Transactions) Levy Act 1997' and 'National Residue Survey (Buffalo Slaughter) Levy Act 1997' to the Primary Industries Levies and Charges Collection Act 1991. This means the residue survey regime for these animals is simultaneously removed from one Act and re-established under new Acts."}],"contradictions":[{"severity":"medium","section_a":"Section 2(3) — Schedule 2 commences with Part 2 of the AMLI Act 1997","section_b":"Section 2(5) — Schedule 2 is repealed at commencement of Part 3 of the AMLI Act 1997","confidence":0.75,"description":"Schedule 2 is given a commencement date contingent on Part 2 of the AMLI Act 1997 under s.2(3), but s.2(5) provides that if Parts 2 and 3 commence simultaneously, Schedule 2 never commences and is immediately repealed. There is no provision addressing what happens if Part 3 commences before Part 2 — in that scenario, Schedule 2 arguably never commences under s.2(3) but also is not caught by the s.2(5) simultaneous commencement trigger."},{"severity":"low","section_a":"Schedule 5, Part 3, Item 11(1) — assets and liabilities vest in Commonwealth at commencement time","section_b":"Schedule 5, Part 5, Item 50 — expenses and liabilities of statutory authorities for final annual reports paid by Commonwealth","confidence":0.62,"description":"Item 11(1) transfers all assets and liabilities of statutory authorities to the Commonwealth at the Part 3 commencement time. Item 50 then treats the statutory authorities as continuing to incur expenses and liabilities in connection with final annual reports. If the authorities' liabilities have already vested in the Commonwealth under item 11, the authorities cannot meaningfully incur new liabilities distinct from the Commonwealth, making item 50's framing logically redundant or contradictory."},{"severity":"medium","section_a":"Schedule 5, Part 4, Division 8, Item 44(2) — staff members not entitled to payment upon cessation","section_b":"Schedule 5, Part 4, Division 7, Items 38-40 — entitlements to long service leave and payments upon cessation","confidence":0.7,"description":"Item 44(2) provides that a staff member who accepts equivalent employment with a prescribed industry body is 'not entitled to receive any payment or other benefit merely because he or she ceases to be a staff member of a statutory authority.' However, Division 7 separately provides that such transferring staff members (who are by definition persons who 'become employed by a prescribed industry body at the commencement time' per item 23) accrue long service leave credits and payment entitlements. The broad prohibition in item 44(2) potentially conflicts with the positive entitlements preserved in items 38-40."},{"severity":"medium","section_a":"Schedule 5, Part 3, Item 16(1) — Act does not authorise Commonwealth records to be transferred except under Archives Act 1983","section_b":"Schedule 5, Part 3, Item 17 — authorised person may determine that instruments (which may include Commonwealth records) continue to have effect as if references to statutory authorities were references to prescribed industry bodies","confidence":0.68,"description":"Item 16 restricts transfer of Commonwealth records to the requirements of the Archives Act 1983. Item 17 allows an authorised person to make a determination that instruments — which could include documents constituting Commonwealth records — continue to have effect as if they were instruments of prescribed industry bodies. Applying item 17 to instruments that are Commonwealth records could effectively achieve a transfer or re-attribution of those records without complying with the Archives Act 1983 process mandated by item 16."},{"severity":"medium","section_a":"Schedule 5, Part 4, Division 6, Item 35 — prescribed industry body is not an approved authority under Superannuation Acts","section_b":"Schedule 5, Part 4, Division 3, Item 30(2) — employees taken to continue in public employment for DFRDB Act purposes","confidence":0.78,"description":"Item 35 explicitly provides that a prescribed industry body is not an approved authority for superannuation purposes, signalling that employment by a prescribed industry body is not equivalent to public service employment. Item 30(2), however, deems employees of prescribed industry bodies to 'continue in public employment' for DFRDB Act purposes. These provisions apply contradictory characterisations of the nature of employment by a prescribed industry body — one denying public-sector equivalence, the other affirming it for a related purpose."},{"severity":"medium","section_a":"Schedule 5, Part 1, Item 2(3) — functions under Part 1 are in addition to functions under Meat Industry Act","section_b":"Schedule 5, Part 1, Item 3 — Part 1 is repealed when the Meat Industry Act is repealed","confidence":0.73,"description":"Item 2(3) states that the functions conferred by Part 1 are 'in addition to' the functions under the Meat Industry Act, treating the two as co-existing. Item 3 then ties the repeal of Part 1 to the repeal of the Meat Industry Act. This means the additional functions conferred by Part 1 — which were intended to facilitate the transition — are extinguished at precisely the moment the Meat Industry Act is repealed, potentially before all transitional functions have been completed."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: facilitating the transition from the old meat and livestock regulatory regime to the new one established by the Australian Meat and Live-stock Industry Act 1997. While it contains extensive consequential and transitional provisions, these are directly tied to the core repeal and replacement function. The scope has not expanded beyond the necessary machinery to effect this industry restructuring."},"complexity_factors":["Multiple contingent commencement provisions (section 2) with conditional repeal of Schedule 2 depending on timing of related Act commencement","Extensive cross-referencing between this Act and the Australian Meat and Live-stock Industry Act 1997, with provisions only taking effect subject to Division 3 of Part 2 of that Act","Complex transitional machinery in Schedule 5 spanning 6 Parts and 8 Divisions, dealing with asset transfers, staff transfers, leave entitlements, and superannuation","Nested conditional logic for long service leave entitlements (Division 7 of Part 4) with multiple thresholds (10 years service, 1 year service, minimum retiring age, retrenchment, ill-health)","Multiple defined terms across different Parts (e.g., 'commencement time' has different meanings in Parts 2, 3, and 4 of Schedule 5)","Interaction with numerous other Acts including Superannuation Acts, Long Service Leave Act, Maternity Leave Act, SRC Act, and DFRDB Act","Saving provisions that preserve old law for pre-commencement levies and charges while new law applies post-commencement (item 21 of Schedule 5)","Certificate-based evidentiary mechanisms for land and asset transfers (items 19-20 of Schedule 5) with deeming provisions"],"plain_english_summary":"This legislation is a 'clean-up' Act that supports a major overhaul of how Australia's meat and livestock industry is regulated. It does three main things:\n\n**1. Repeals old laws**\nIt scraps several outdated Acts, including the Meat and Live-stock Industry Act 1995 and various levy (tax) and charge laws on cattle and livestock exports. These are replaced by new, updated laws passed around the same time.\n\n**2. Updates other related laws**\nIt amends numerous other Acts to reflect the new system. This includes:\n- Updating definitions of who pays livestock levies and charges\n- Replacing references to old Acts with references to new ones (e.g., changing 'Cattle Transaction Levy Act 1995' to 'Cattle Transactions Levy Act 1997')\n- Adjusting how money flows into trust accounts for disease eradication and residue surveys\n\n**3. Manages the transition**\nThis is the most complex part. The Act ensures a smooth handover from the old statutory authorities (the Meat Industry Council, Australian Meat and Live-stock Corporation, and Meat Research Corporation) to new industry bodies:\n- **Assets and liabilities**: All assets and debts of the old authorities transfer to the Commonwealth, then can be transferred to new industry bodies\n- **Staff**: Employees of the old authorities who move to new bodies keep their accumulated leave entitlements (sick leave, long service leave) and continuous service recognition\n- **Ongoing legal matters**: Existing export licences, warrants, court cases, and decisions continue under the new system as if they were issued under the new Act\n- **Final reports**: The old authorities must submit final annual reports covering their last period of operation\n\n**Why it matters**\nThis Act prevents chaos during a major restructuring. Without these transitional rules, export licences might become invalid, staff might lose their accrued leave, and legal proceedings could stall. It ensures that while the industry moves from government-controlled statutory authorities to new industry-led bodies, day-to-day operations continue uninterrupted."}},"importantCases":[],"_links":{"self":"/api/acts/australian-meat-and-live-stock-industry-repeals-and-consequential-provisions-act-1997","history":"/api/acts/australian-meat-and-live-stock-industry-repeals-and-consequential-provisions-act-1997/history","analysis":"/api/acts/australian-meat-and-live-stock-industry-repeals-and-consequential-provisions-act-1997/analysis","conflicts":"/api/acts/australian-meat-and-live-stock-industry-repeals-and-consequential-provisions-act-1997/conflicts","importantCases":"/api/acts/australian-meat-and-live-stock-industry-repeals-and-consequential-provisions-act-1997/important-cases","documents":"/api/acts/australian-meat-and-live-stock-industry-repeals-and-consequential-provisions-act-1997/documents"}}