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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
What this law does, in plain terms
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.
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).
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)).
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Direct links to the current provisions in Australian Meat and Live-stock Industry Act 1997.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
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)).
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).
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)).
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).
Who pays, who decides, and what changes in behaviour the law causes (mechanics and incentives)
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.
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).
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)).
Compliance burdens, discretion and enforcement risks (mechanical trade‑offs)
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)).
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.
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).
Trade‑offs and opportunity costs visible from the text
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.
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.
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.
Summary of practical effect
Mechanically, 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).