Bills Digest 133 1996-97
Dairy Produce Levy (No. 1) Amendment Bill 1997
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
any official legal status. Other sources should be consulted to determine
the subsequent official status of the Bill.
CONTENTS
Dairy Produce Levy (No. 1) Amendment Bill 1997
Date Introduced: 5 March 1997
House: House of Representatives
Portfolio: Primary Industries and Energy
Commencement: As specified in the 'Main Provisions' section of
this Digest
To impose a levy on milk producers to fund the dairy industry's contribution
to the Australian Animal Health Council Ltd. The Bill also doubles the
maximum research levy rate which may be prescribed.
The major amendments proposed by the Bill are aimed at directing funds
to the Australian Animal Health Council Ltd.
Australian Animal Health Council Ltd
Australian Animal Health Council Limited (AAHC Ltd) is an unlisted public
company limited by guarantee. AAHC Ltd was established following agreement
on 18 August 1995 by the Agriculture and Resource Management Council of
Australia and New Zealand (ARMCANZ).
The objects of AAHC Ltd, as specified in its Memorandum of Association,
include to:
- assist the Australian animal health service system in maintaining
acceptable national animal health standards aimed at meeting consumer
needs and market requirements at home and overseas;
- advise and advocate action to industry and government on:
(i) strategic national animal health priorities;
(ii) animal health system delivery arrangements and resources;
(iii) nationally consistent animal health policy;
- establish and manage a national animal health information system;
- develop, manage and evaluate national animal health programs;
- have an involvement in residue related issues as they relate to animal
health and impact on commercial performances;
- have international status as the national animal health policy and
advisory body;
- undertake commissioned animal health service projects; and
- arrange for, or to assist in, research and development into matters
pertaining to animal health.
The Articles of Association of AAHC Ltd provide that there are three
different groups of members of the company, each with equal status. These
are the Commonwealth, the State and Territories and industry organisations.
Industry organisations include the Australian Chicken Meat Federation,
Australian Egg Industry Association, Australian Dairy Farmers' Federation,
Australian Veterinary Association Limited, Cattle Council of Australia,
Pork Council of Australia Limited, Sheepmeat Council of Australia, Australian
Horse Council and Wool Council of Australia.
With respect to funding of AAHC Ltd activities, funding comprises three
broad groupings. Administration and Operation of AAHC along with Key National
Animal Health Programs will be covered by core funding and other National
Animal Health Programs will have alternate funding arrangements to be
determined on a case by case basis. Administration and Operations will
be funded to an amount of $840,000 with a sharing of this amount on a
one third each basis by the Commonwealth, States, Territories and industry.
The Key National Animal Health Programs, which are intended to address
the national information system and national preparedness with respect
to animal diseases, will be financed to an amount of $900,000 for 1995-96
on the same shared basis as for administration and operations. The Key
National Animal Health Programs are intended to be the basis for implementing
AAHC policy and strategy and addressing relevant national issues. They
are intended to each have specific objectives, time frames, performance
targets, funding and fund sharing arrangements.
Exotic Animal Disease Preparedness Consultative Council
The functions of the Exotic Animal Diseases Preparedness Consultative
Council (EXANDIS) were subsumed into the Australian Animal Health Council.
All provisions of the Exotic Animal Disease Control Act 1989, which
established EXANDIS, ceased to have effect on 31 December 1995. The statutory
functions of EXANDIS included to inquire into, assess, and report to the
Minister on:
- the adequacy of the strategies and procedures provided in any approved
veterinary emergency plan, particularly in relation to planning, implementation,
training, plant and equipment; and
- the social and economic effects of exotic animal disease outbreaks,
and principles concerning rehabilitation and compensation.
EXANDIS was funded by the EXANDIS component of levies on laying chickens,
live-stock, chicken meat, pig meat, goat meat, milk and wool. The Commonwealth
matched industry contributions on a dollar-for-dollar basis.
EXANDIS Recommendations To AAHC Ltd
In its final Annual Report EXANDIS urged government and industry to
maintain through AAHC Limited a high level of continued activity aimed
at protecting Australia against exotic animal diseases and preparing for
any outbreaks. EXANDIS considered that the greatest exotic animal disease
threats to Australia are foot and mouth disease, Newcastle disease, bluetongue
and classical swine fever.
EXANDIS made a number of recommendations to AAHC Ltd, including.
- AAHC Ltd should define the field and laboratory services needed to
detect an exotic animal disease and respond quickly and effectively
to an outbreak;
- AAHC Ltd should define the mix of public and private services, the
role of industry in managing disease outbreaks and how these should
be audited and reviewed to ensure they comply with domestic and international
standards;
- AAHC Ltd continue the national disease watch hotline to facilitate
reporting and investigation of any unusual animal incidents and all
States and Territories ensure resources are made available to enable
this service to continue;
- AAHC Ltd and Commonwealth and State governments recognise the current
deficiency of epidemiological data needed for an effective disease surveillance
system;
- AAHC Ltd include in future national animal health policy development,
the development of management and funding options to enable formation
of national animal health emergency task forces which can be put in
place and used very quickly for a range of animal health and veterinary
public health emergencies; and
- AAHC Ltd recommend that training of Aboriginal people and Torres Strait
Islanders in exotic animal disease awareness be incorporated into other
training programs being conducted by the Department of Employment, Education
and Training and the Department of Health.
Research Levy
The Bill proposes to double the maximum research levy rate which may
be prescribed. The rationale given by the Minister in the Second Reading
Speech to the Bill for the doubling is that:
... the current operational research levy rate, which partially funds
the activities of dairy research and development corporation, is very
close to the legislated maximum rate. The present situation provides
very little scope for further increases and may significantly curtail
the ability of the Dairy Research and Development Corporation to respond
to the needs of the industry in the near future.
According to the Government, the doubling of the levy rate has the support
of the Australian Dairy Industry Council. The author of this Digest has
been unable to find any evidence to refute this assertion.
The term 'Federation' is defined by item 1 of Schedule 1 of the
Bill to mean the Australian Dairy Farmers' Federation Ltd.
A levy to be known as the Australian Animal Health Council levy is imposed
on whole milk and whole milk products produced from 1 July 1997 by item
2 of Schedule 1 of the Bill. Item 2 will only apply if the
Bill receives Royal Assent before 1 July 1997.
A levy to be known as the Australian Animal Health Council levy is imposed
on whole milk and whole milk products produced from 1 July 1998 by item
3 of Schedule 1 of the Bill. Item 3 will only apply if the
Bill receives Royal Assent after 1 July 1997.
Items 5 and 7 of Schedule 1 of the Bill double the maximum rate
of levy which may be prescribed for dairy research.
Items 6 and 8 of Schedule 1 of the Bill set the maximum rate
of Australian Animal Health Council levy which may be prescribed. The
rate of levy comprises two elements, the milk fat rate and protein rate.
The maximum rate which may be prescribed in respect of the milk fat rate
is 0.058 cents per kilogram of milk fat, and 0.13850 cents per kilogram
of protein in respect of the protein rate.
The effect of item 9 of Schedule 1 of the Bill is to make the
producer of whole milk and whole milk products liable to pay the Australian
Animal Health Council levy.
A new subsection 14(2A) is inserted in the Dairy Produce Levy (No.
1) Act 1986by item 11 of Schedule 1 which requires
the Governor-General before setting rates for the Australian Animal Health
Council levy to consider any report relating to the rates made to the
Minister by the executive of the Federation.
Ian Ireland
5 May 1997
Bills Digest Service
Information and Research Services
This Digest does not have any official legal status. Other sources should
be consulted to determine whether the Bill has been enacted and, if so,
whether the subsequent Act reflects further amendments.
IRS staff are available to discuss the paper's contents with Senators
and Members and their staff but not with members of the public.
ISSN 1328-8091
Commonwealth of Australia 1997
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Published by the Department of the Parliamentary Library, 1997.
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Last updated: 9 May 1997
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