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Part 1—Preliminary

1 Short title

This Act may be cited as the Australian Meat and Live-stock Industry Act 1997.

2 Commencement

(1)

Part 1 of this Act commences on the day on which this Act receives the Royal Assent.

(2)

Subject to subsection (3), the other provisions of this Act commence on a day or days to be fixed by Proclamation.

(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.

3 Definitions

In this Act, unless the contrary intention appears: cattle means bovine animals other than buffaloes. 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. industry means the meat and live-stock industry. live-stock means cattle, calves, sheep, lambs, goats or other animals prescribed for the purposes of this definition. Australian Meat and Live-stock Industry Act 1997 1 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 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. meat by-product includes skin, hide, tallow, meat meal and inedible offal. meat product means food prepared from or containing meat, and includes canned meat. Secretary means the Secretary of the Department.

4 Crown to be bound

(1)

This Act binds the Crown in each of its capacities.

(2)

This Act does not make the Crown liable to be prosecuted for an offence.

5 Application of this Act

This Act applies both within and outside Australia.

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Australian Meat and Live-stock Industry Act 1997 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021

Part 3—Industry marketing and research bodies, and approved donors

Division 1—Preliminary

58 Definitions

In this Part: approved donor means a body for the time being declared to be an approved donor under section 61. industry marketing body means the body for the time being declared to be the industry marketing body under subsection 60(1). industry research body means the body for the time being declared to be the industry research body under subsection 60(2). 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). 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). meat processor marketing body means the body for the time being declared to be the meat processor marketing body under subsection 60(3AA). meat processor research body means the body for the time being declared to be the meat processor research body under subsection 60(3AB). Australian Meat and Live-stock Industry Act 1997 3 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021

59 Minister must have regard to industry policies

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.

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Australian Meat and Live-stock Industry Act 1997 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021

Division 2—Declaration of industry bodies and approved donors

60 Declaration of industry bodies

(1)

The Minister may, by legislative instrument, declare a body to be the industry marketing body.

(2)

The Minister may, by legislative instrument, declare a body to be the industry research body.

(3)

The Minister may, by legislative instrument, declare a body to be the live-stock export marketing body. (3A) The Minister may, by legislative instrument, declare a body to be the live-stock export research body. (3AA) The Minister may, by legislative instrument, declare a body to be the meat processor marketing body. (3AB) The Minister may, by legislative instrument, declare a body to be the meat processor research body. (3B) The Minister may do any or all of the following:

(a)

declare the same body to be both the industry marketing body and the industry research body;

(b)

declare the same body to be both the live-stock export marketing body and the live-stock export research body;

(ba)

declare the same body to be both the meat processor marketing body and the meat processor research body; but the Minister must not:

(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

(ca)

declare the same body to be either the industry marketing body or the industry research body, or both, and also to be Australian Meat and Live-stock Industry Act 1997 5 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 either the meat processor marketing body or the meat processor research body, or both; or

(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

(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.

(4)

The Minister must not declare a body to be the industry marketing body unless satisfied:

(a)

that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and

(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

(c)

that the body has consented to the declaration.

(5)

The Minister must not declare a body to be the industry research body unless satisfied:

(a)

that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and

(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

(c)

that the body has consented to the declaration.

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Australian Meat and Live-stock Industry Act 1997 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 (5A) The Minister must not declare a body to be the live-stock export marketing body unless satisfied:

(a)

that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and

(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

(c)

that the body has consented to the declaration. (5B) The Minister must not declare a body to be the live-stock export research body unless satisfied:

(a)

that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and

(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

(c)

that the body has consented to the declaration.

(6)

The Minister must not declare a body to be the meat processor marketing body unless satisfied:

(a)

that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and

(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 Australian Meat and Live-stock Industry Act 1997 7 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 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

(c)

that the body has consented to the declaration.

(7)

The Minister must not declare a body to be the meat processor research body unless satisfied:

(a)

that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and

(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

(c)

that the body has consented to the declaration.

61 Declaration of approved donors

(1)

The Minister may, by legislative instrument, declare a body (other than the industry research body) to be an approved donor.

(2)

The Minister must not declare a body to be an approved donor unless satisfied:

(a)

that the body is a company limited by guarantee incorporated under the Corporations Act 2001; and

(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

(c)

that the body has consented to the declaration.

62 Bodies to inform Minister about changes to their constitution

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. Australian Meat and Live-stock Industry Act 1997 9 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021

Division 3—Payments to industry bodies

63 Payments to the industry marketing body

(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:

(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

(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

(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

(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.

(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:

(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

(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

(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

(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

(e)

the amounts of levy received by the Commonwealth because of paragraph 6(1)(a) of the repealed Beef Production Levy Act 1990; and

(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

(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

(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; in respect of transactions or activities that take place after the commencement of this Part.

(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.

64 Payments to the industry research body

(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:

(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

(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

(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

(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. Australian Meat and Live-stock Industry Act 1997 11 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021

(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:

(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

(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

(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

(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

(e)

the amounts of levy received by the Commonwealth because of paragraph 6(1)(b) of the repealed Beef Production Levy Act 1990; and

(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

(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

(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; in respect of transactions or activities that take place after the commencement of this Part.

(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.

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Australian Meat and Live-stock Industry Act 1997 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 64A Payments to the live-stock export marketing body

(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:

(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

(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.

(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. 64B Payments to the live-stock export research body

(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:

(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

(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.

(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. 64C Payments to the meat processor marketing body

(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: Australian Meat and Live-stock Industry Act 1997 13 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021

(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

(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.

(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. 64D Payments to the meat processor research body

(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:

(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

(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.

(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.

65 References to amounts of levy and amounts of charge

(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.

(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),

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Australian Meat and Live-stock Industry Act 1997 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 Industry marketing and research bodies, and approved donors Part 3 Payments to industry bodies Division 3 Section 66 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.

(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.

66 Commonwealth’s matching payments

(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:

(a)

the amounts from time to time paid by the industry research body under paragraphs 67(2)(b) and (c); and

(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.

(2)

The sum of the amounts paid to the industry research body under subsection (1) must not be greater than the sum of:

(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

(b)

the amounts paid to the industry research body by approved donors for industry research and development purposes. Australian Meat and Live-stock Industry Act 1997 15 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021

(3)

The payments made under subsection (1) to the industry research body during a particular financial year are subject to the condition that, if:

(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

(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; the industry research body will pay to the Commonwealth an amount equal to the excess. 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. (3A) If:

(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

(b)

the Secretary has determined under subsection (3) the amount of the gross value of production of the industry for the previous financial year; 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. (3B) An amount payable under subsection (3) by the industry research body:

(a)

is a debt due to the Commonwealth; and

(b)

may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction. (3C) A determination made under subsection (3) is not a legislative instrument.

(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.

(5)

If:

(a)

an amount (the first amount) is payable by the industry research body under subsection (3); and

(b)

another amount (the second amount) is payable by the Commonwealth to the industry research body under subsection (1); 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.

67 Application of money

(1)

The amounts paid to the industry marketing body under section 63 may be applied by that body only:

(a)

in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:

(i)

the collection or recovery of amounts referred to in section 63; or

(ii)

the administration of that section; and

(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

(c)

in making such other payments (if any), subject to such conditions (if any), as are prescribed. Australian Meat and Live-stock Industry Act 1997 17 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021

(2)

The amounts paid to the industry research body under section 64 may be applied by that body only:

(a)

in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:

(i)

the collection or recovery of amounts referred to in section 64; or

(ii)

the administration of that section; and

(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

(c)

in making such other payments (if any), subject to such conditions (if any), as are prescribed.

(3)

The amounts paid to the industry research body under section 66 may be applied by that body only:

(aa)

in making payments to the Commonwealth under subsection 66(3); and

(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

(b)

in making such other payments (if any), subject to such conditions (if any), as are prescribed. (3A) The amounts paid to the live-stock export marketing body under section 64A may be applied by that body only:

(a)

in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:

(i)

the collection or recovery of amounts referred to in section 64A; or

(ii)

the administration of that section; and

(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

(c)

in making such other payments (if any), subject to such conditions (if any), as are prescribed. (3B) The amounts paid to the live-stock export research body under section 64B may be applied by that body only:

(a)

in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:

(i)

the collection or recovery of amounts referred to in section 64B; or

(ii)

the administration of that section; and

(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

(c)

in making such other payments (if any), subject to such conditions (if any), as are prescribed. (3C) The amounts paid to the meat processor marketing body under section 64C may be applied by that body only:

(a)

in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:

(i)

the collection or recovery of amounts referred to in section 64C; or

(ii)

the administration of that section; and

(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

(c)

in making any other payments prescribed by the regulations, subject to any prescribed conditions. (3D) The amounts paid to the meat processor research body under section 64D may be applied by that body only:

(a)

in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:

(i)

the collection or recovery of amounts referred to in section 64D; or Australian Meat and Live-stock Industry Act 1997 19 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021

(ii)

the administration of that section; and

(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

(c)

in making any other payments prescribed by the regulations, subject to any prescribed conditions.

68 Reimbursement of Commonwealth

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.

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Division 4—Reporting to Parliament in relation to live-stock export bodies

68A Division applies if Minister and live-stock export body enter into funding agreement This Division applies if the Minister and a body (the live-stock export body) that is:

(a)

the live-stock export marketing body; or

(b)

the live-stock export research body; or

(c)

both of those bodies; enter into an agreement (the funding agreement) on conditions as mentioned in whichever of subsection 64A(1) or 64B(1), or both, is applicable. 68B Reporting to Parliament about funding agreement and variations The Minister must, within 14 sitting days of each House of the Parliament after:

(a)

the day on which the funding agreement is entered into; and

(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; arrange for a copy of the funding agreement, or the agreement to vary, to be tabled in that House. 68C Reporting to Parliament about compliance with funding agreement

(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.

(2)

The report must: Australian Meat and Live-stock Industry Act 1997 21 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021

(a)

give details of the amounts paid to the body under whichever of subsection 64A(1) or 64B(1), or both, is applicable; and

(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

(c)

if the Minister is not so satisfied—give details of why the Minister is not so satisfied. 68D Minister to table live-stock export body’s annual report in Parliament 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.

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Part 4—Miscellaneous

69 Ministerial directions

(1)

The Minister may, in writing, direct a prescribed body to do the things specified in the direction.

(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. Penalty: 300 penalty units

(3)

The Minister must not give a direction unless the direction relates to one or more of the following:

(a)

trade and commerce with other countries, and among the States;

(b)

quarantine;

(c)

foreign corporations, or trading or financial corporations formed within the limits of the Commonwealth;

(d)

external affairs;

(e)

any other matter with respect to which the Parliament has power to make laws under the Constitution.

(4)

The Minister may only give a direction to a prescribed body if:

(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

(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.

(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 Australian Meat and Live-stock Industry Act 1997 23 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 under the Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997.

(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.

(7)

Subsection (6) does not apply in relation to a direction given to a prescribed body if:

(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

(b)

the Minister determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the national interest of Australia.

(8)

In this section: prescribed body means:

(a)

the industry marketing body within the meaning of Part 3; or

(b)

the industry research body within the meaning of Part 3; or (ba) the live-stock export marketing body within the meaning of Part 3; or

(bb)

the live-stock export research body within the meaning of Part 3; or

(bc)

the meat processor marketing body within the meaning of Part 3; or

(bd)

the meat processor research body within the meaning of Part 3; or

(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.

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Australian Meat and Live-stock Industry Act 1997 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021

70 Delegations

(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:

(a)

the Secretary; or

(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.

(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.

71 Compensation for acquisition of property

(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.

(2)

In this section: acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.

72 Minister not to be taken to be a director of a company

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.

74 Regulations

(1)

The Governor-General may make regulations prescribing all matters:

(a)

that are required or permitted by this Act to be prescribed; or Australian Meat and Live-stock Industry Act 1997 25 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021

(b)

that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)

The regulations may prescribe penalties of not more than 10 penalty units for offences against the regulations.

26

Australian Meat and Live-stock Industry Act 1997 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can Australian Meat and Live-stock Industry Act 1997 27 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

28

Australian Meat and Live-stock Industry Act 1997 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub-subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Australian Meat and Live-stock Industry Act 1997 29 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Australian Meat and Live-stock Industry Act 1997 206, 1997 17 Dec 1997 s 1–6: 17 Dec 1997 (s 2(1)) Remainder: 1 July 1998 (s 2(2) and gaz 1998, No GN22) Primary Industries Levies and Charges (Consequential Amendments) Act 1999 32, 1999 14 May 1999 Schedule 10: 1 July 1999 (s 2(1)) — as amended by Statute Law Revision Act 2013 103, 2013 29 June 2013 Sch 2 (item 12): 1 July 1999 (s 2(1) item 12) — Public Employment (Consequential and Transitional) Amendment Act 1999 146, 1999 11 Nov 1999 Sch 1 (item 207): 5 Dec 1999 (s 2(1) and gaz 1999, No S584) — Corporations (Repeals, Consequentials and Transitionals) Act 2001 55, 2001 28 June 2001 s 4–14 and Sch 3 (items 57–61): 15 July 2001 (s 2(3) and gaz 2001, No S285) s 4–14 Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 115, 2001 18 Sept 2001 s 4 and Sch 1 (items 120–122): 16 Oct 2001 (s 2) s 4 Agriculture, Fisheries and Forestry Legislation Amendment (Export Control) Act 2004 97, 2004 29 June 2004 Sch 1 (items 1–12, 25): 1 Dec 2004 (s 2(1) item 2 and gaz 2004, No GN36) Sch 1 (item 12)

30

Australian Meat and Live-stock Industry Act 1997 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 2004 139, 2004 13 Dec 2004 Sch 1 (items 1–31) and Sch 2: 13 Dec 2004 (s 2(1) item 2) Sch 2 (item 4) Agriculture, Fisheries and Forestry Legislation Amendment (2007 Measures No. 1) Act 2007 91, 2007 22 June 2007 Sch 1 (items 1–27): 22 June 2007 (s 2) — Same-Sex Relationships (Equal Treatment in Commonwealth Laws— General Law Reform) Act 2008 144, 2008 Sch 1 (item 1): 10 Dec 2008 (s 2(1) item 2) — Financial Framework Legislation Amendment Act (No. 2) 2012 82, 2012 28 June 2012 Sch 1 (items 27–31): 29 June 2012 (s 2(1) item 2) Sch 1 (items 30, 31) Navigation (Consequential Amendments) Act 2012 129, 2012 13 Sept 2012 Sch 2 (item 11): 1 July 2013 (s 2(1) item 2) — Statute Law Revision Act 2013 103, 2013 29 June 2013 Sch 1 (items 20–22) and Sch 3 (items 28–32, 343): 29 June 2013 (s 2(1) items 2, 16) Sch 3 (item 343) Rural Research and Development Legislation Amendment Act 2013 146, 2013 13 Dec 2013 Sch 7 (item 1): 13 Dec 2013 (s 2(1) item 6) — Statute Law Revision Act (No. 1) 2014 31, 2014 27 May 2014 Sch 4 (item 59): 24 June 2014 (s 2(1) item 9) — Export Legislation Amendment Act 2014 37, 2014 25 June 2014 Sch 1: (items 1–3): 25 June 2014 (s 2) Sch 1 (item 3) Australian Meat and Live-stock Industry Act 1997 31 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Export Control Amendment (Quotas) Act 2015 167, 2015 11 Dec 2015 Sch 1 (items 6, 8): 1 Jan 2017 (s 2(1) items 3, 5) Sch 1 (items 7, 13): 12 Dec 2015 (s 2(1) items 4, 8) Sch 1 (item 13) Statute Law Revision Act (No. 1) 2016 4, 2016 11 Feb 2016 Sch 4 (items 1, 25): 10 Mar 2016 (s 2(1) item 6) — Primary Industries Levies and Charges Collection Amendment Act 2016 56, 2016 16 Sept 2016 Sch 1 (items 7, 8): 17 Sept 2016 (s 2(1) item 2) Sch 1 (item 8) Export Control (Consequential Amendments and Transitional Provisions) Act 2020 13, 2020 Sch 2 (items 1–6) and Sch 3 (items 1–91): 3 am (A.C.T.) 28 Mar 2021 (s 2(1) item 2) Sch 3 (items 1– 91)

32

Australian Meat and Live-stock Industry Act 1997 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 Endnote 4—Amendment history Provision affected How affected

Part 1

s 3 .......................................... am Nos 97 and 139, 2004; No 144, 2008; No 37, 2014; No 167, 2015; No 13, 2020 s 6 .......................................... rep No 13, 2020 Part 2...................................... rep No 13, 2020 Division 1 .............................. rep No 13, 2020 s 7 .......................................... rep No 13, 2020 s 8 .......................................... am No 55, 2001 rep No 13, 2020 s 9 .......................................... am No 97, 2004 rep No 13, 2020 Division 2 .............................. rep No 13, 2020 s 10 ........................................ rep No 13, 2020 s 11 ........................................ am No 103, 2013; No 4, 2016 rep No 13, 2020 s 12 ........................................ am No 97, 2004 rep No 13, 2020 s 13 ........................................ rep No 13, 2020 s 14 ........................................ rep No 13, 2020 s 15 ........................................ rep No 13, 2020 s 16 ........................................ rep No 13, 2020 s 17 ........................................ am No 103, 2013; No 37, 2014; No 167, 2015 rep No 13, 2020 s 18 ........................................ am No 103, 2013 rep No 13, 2020 s 19 ........................................ rep No 103, 2013 s 20 ........................................ am No 31, 2014 rep No 13, 2020 Australian Meat and Live-stock Industry Act 1997 33 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 Provision affected How affected s 21 ........................................ rep No 13, 2020 s 22 ........................................ rep No 13, 2020 s 23 ........................................ am No 97, 2004 rep No 13, 2020 s 24 ........................................ am No 97, 2004 rep No 13, 2020 s 25 ........................................ rep No 13, 2020 s 25A...................................... ad No 97, 2004 rep No 13, 2020 Division 3 .............................. rep No 167, 2015 s 26 ........................................ rep No 167, 2015 s 27 ........................................ rep No 167, 2015 s 28 ........................................ rep No 167, 2015 s 29 ........................................ rep No 167, 2015 s 30 ........................................ rep No 167, 2015 s 31 ........................................ rep No 167, 2015 s 32 ........................................ rep No 167, 2015 s 33 ........................................ rep No 167, 2015 Division 4 .............................. rep No 13, 2020 s 34 ........................................ rep No 13, 2020 s 35 ........................................ rep No 13, 2020 s 36 ........................................ rep No 13, 2020 s 37 ........................................ rep No 13, 2020 s 38 ........................................ rep No 13, 2020 s 39 ........................................ rep No 13, 2020 s 40 ........................................ rep No 13, 2020 s 41 ........................................ rep No 13, 2020 s 42 ........................................ rep No 13, 2020 s 43 ........................................ rep No 13, 2020 s 44 ........................................ rep No 13, 2020 s 45 ........................................ rep No 13, 2020

34

Australian Meat and Live-stock Industry Act 1997 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 Provision affected How affected s 46 ........................................ rep No 13, 2020 s 47 ........................................ am No 115, 2001 rep No 13, 2020 s 48 ........................................ rep No 13, 2020 s 49 ........................................ am No 115, 2001; No 4, 2016 rep No 13, 2020 s 50 ........................................ rep No 13, 2020 s 51 ........................................ am No 115, 2001 rep No 13, 2020 s 52 ........................................ rep No 13, 2020 s 53 ........................................ rep No 13, 2020 s 54 ........................................ rep No 13, 2020 s 55 ........................................ am No 4, 2016 rep No 13, 2020 s 56 ........................................ rep No 13, 2020 s 57 ........................................ rep No 13, 2020 Division 5 .............................. ad No 97, 2004 rep No 13, 2020 s 57AA................................... ad No 97, 2004 am No 129, 2012 rep No 13, 2020 Part 2A................................... ad No 97, 2004 rep No 13, 2020 s 57A...................................... ad No 97, 2004 am No 103, 2013 rep No 13, 2020

Part 3 Division 1

s 58 ........................................ am No 139, 2004; No 91, 2007

Division 2

s 60 ........................................ am No 55, 2001; No 139, 2004; No 91, 2007 Australian Meat and Live-stock Industry Act 1997 35 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021 Provision affected How affected s 61 ........................................ am No 55, 2001; No 139, 2004; No 91, 2007 s 62 ........................................ am No 139, 2004; No 91, 2007

Division 3

s 63 ........................................ am No 32, 1999; No 139, 2004; No 91, 2007; No 103, 2013 s 64 ........................................ am No 32, 1999; No 139, 2004; No 91, 2007 s 64A...................................... ad No 139, 2004 s 64B...................................... ad No 139, 2004 s 64C...................................... ad No 91, 2007 s 64D...................................... ad No 91, 2007 s 65 ........................................ am No 32, 1999; No 139, 2004; No 91, 2007 s 66 ........................................ am No 32, 1999; No 139, 2004; No 82, 2012 s 67 ........................................ am No 139, 2004; No 91, 2007; No 82, 2012 s 68 ........................................ am No 139, 2004; No 91, 2007

Division 4

Division 4 .............................. ad No 139, 2004 s 68A...................................... ad No 139, 2004 s 68B...................................... ad No 139, 2004 s 68C...................................... ad No 139, 2004 s 68D...................................... ad No 139, 2004 Division 5 .............................. ad No 91, 2007 rep No 56, 2016 s 68E ...................................... ad No 91, 2007 rep No 56, 2016

Part 4

s 69 ........................................ am No 139, 2004; No 91, 2007 s 70 ........................................ am No 146, 1999; No 103, 2013 rs No 146, 2013 am No 13, 2020 s 72 ........................................ am No 55, 2001 s 73 ........................................ rep No 13, 2020

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Australian Meat and Live-stock Industry Act 1997 Compilation No. 20 Compilation date: 28/03/2021 Registered: 14/04/2021