Cattle Slaughter Levy Collection Act 1961 (Cth)

CATTLE SLAUGHTER LEVY COLLECTION.

No. 48 of 1961.

An Act to amend the Cattle Slaughter Levy Collection Act 1960.

[Assented to 12th October, 1961.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Cattle Slaughter Levy Collection Act 1961.

(2.) The Cattle Slaughter Levy Collection Act 1960 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Cattle Slaughter Levy Collection Act 1960-1961.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

 

3. After section two of the Principal Act the following section is inserted:—

Definitions.

“2a. In this Act, unless the contrary intention appears—

‘regular purchaser for slaughter’ means a person who carries on a business in the course of which he purchases cattle exclusively or principally for the purpose of slaughter by himself or on his behalf;

‘the Secretary’ means the Secretary to the Department of Primary Industry.”.

4. After section seven of the Principal Act the following sections are inserted:—

Deduction of amount of levy from purchase price payable by slaughterers.

“7a.—(1.) Where, on or after the fourteenth day of October, One thousand nine hundred and sixty-one, a contract is made, whether at auction or otherwise, by which a person sells or agrees to sell cattle (other than cattle that were offered for sale, or are described in the contract, as ‘calves’) to a person whose name is, at the time of the making of the contract, included in the List of Recognized Slaughterers kept under the next succeeding section, the amount that would, but for this section, be the price payable under the contract shall be deemed to be reduced for all purposes (including, in the case of a contract made through an agent of the vendor, the settlement of accounts between the agent and the vendor), by an amount ascertained by multiplying the rate per head of cattle of the levy in force at the date of the contract by the number of cattle comprised in the contract.

“(2.) Where a contract referred to in the last preceding sub-section makes specific provision for a deduction by, or allowance to, the purchaser in respect of levy, so much of the reduction provided for in that sub-section as does not exceed the amount of that deduction or allowance shall not be made.

“(3.) For the purposes of this section, ‘cattle’ includes all bovine animals.

List of Recognized Slaughterers.

“7b.—(1.) The Secretary shall cause to be maintained a list to be known as the List of Recognized Slaughterers.

“(2.) The Secretary shall—

(a) cause to be entered in the List of Recognized Slaughterers the name and business address of every person as to whom the Secretary is satisfied that he is, or is about to become, a regular purchaser for slaughter;

 

(b) cause the removal from that list of the name and business address of any person as to whom the Secretary is satisfied that he is not, and is not about to become, a regular purchaser for slaughter;

(c) cause to be made such alterations as appear to him to be necessary to the addresses appearing in the list; and

(d) make such arrangements for publishing the list, and alterations to the list, as he thinks necessary or desirable for the purposes of this Act.

Offences relating to List of Recognized Slaughterers.

“7c.—(1.) A person shall not—

(a) in or in connexion with an application for the inclusion of his name in the List of Recognized Slaughterers, make a statement or furnish information that is false in a material particular; or

(b) falsely represent himself to be a person whose name is, or was at any time, included in the List of Recognized Slaughterers.

Penalty: One hundred and fifty pounds.

“(2.) Where a person whose name is included in the List of Recognized Slaughterers ceases to be a regular purchaser for slaughter, he shall forthwith give notice in writing to the Secretary that he has so ceased.

Penalty: Fifty pounds.

Evidence of contents of List of Recognized Slaughterers.

“7d. In all proceedings—

(a) a certificate under the hand of the Secretary, or of a person authorized by the Secretary to give certificates under this section, certifying to the inclusion or non-inclusion of a particular name, or name and address, in the List of Recognized Slaughterers as at a specified date is evidence of the matter certified; and

(b