CATTLE SLAUGHTER LEVY (SUSPENSION).
No.
49 of 1961.
An
Act to Revoke the Imposition of Cattle Slaughter Levy in respect of a certain
Period, and for purposes connected therewith.
[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.
1. This Act may be cited as the Cattle
Slaughter Levy (Suspension) Act 1961.
Commencement.
2. This Act shall come into operation on the day on which it receives
the Royal Assent.
Interpretation.
3.—(1.) In this Act, “the period of suspension” means
the period from and including the fourteenth day of October, One thousand nine
hundred and sixty, to and including the thirteenth day of October, One thousand
nine hundred and sixty-one.
(2.) Expressions used in this Act have the same
meanings as those expressions have in the Cattle
Slaughter Levy Act 1960.
Revocation
of levy in respect of a certain period.
4. The levy imposed by the Cattle
Slaughter Levy Act 1960 is not imposed, and shall be deemed not to have
been imposed, in respect of the slaughter of cattle during the period of
suspension.
Refund
of levy.
5.—(1.) Where a person (whether as proprietor of an
abattoir or otherwise) has paid an amount to the Commonwealth in respect of
levy upon the slaughter of cattle slaughtered during the period of suspension,
the Commonwealth is liable to refund that amount to that person.
(2.) Amounts required for the making of refunds
under this section are payable out of the Cattle and Beef Research Trust
Account established by the Cattle and
Beef Research Act 1960-1961.
Liability
of proprietors of abattoirs.
6. Where a person who was the owner of cattle that have been slaughtered
at an abattoir during the period of suspension has paid to the proprietor of
the abattoir an amount in respect of levy upon the slaughter of those cattle,
the proprietor is liable to repay that amount to that person.
Liability
of purchaser of cattle.
7.—(1.) Subject to this section, where—
(a)after the thirtieth day of June, One thousand nine hundred and sixty, and
before or during the period of suspension a person has purchased any cattle
(whether at auction or otherwise);
(b) the cattle have been slaughtered
during the period of suspension and levy would, but for this Act, have been
imposed in respect of the slaughter; and
(c) the terms or conditions of the
purchase provided for a deduction or allowance in favour of the purchaser of an
amount in respect of levy and the purchaser has not waived his right to the
deduction or allowance,
the
purchaser is liable to pay to the vendor an amount equal to the amount of the
deduction or allowance.
(2.) Where, under the terms and conditions upon
which a purchase referred to in the last preceding sub-section was made, the
purchase money was payable to an agent of the vendor—
(a) the last preceding sub-section
operates as if the reference to the vendor were a reference to that agent; and
(b) the amount that is, by virtue of the
last preceding paragraph, payable to the agent shall, as between the agent and
the vendor, be deemed to be part of the sale price of the cattle.
Saving
of certain rights.
8. Nothing in this Act shall be taken to prejudice the right of a
person who has sold cattle before the fourteenth day of October, One thousand
nine hundred and sixty-one, to recover from the purchaser the full amount
payable under the contract of sale, without any deduction or allowance in
respect of levy that was not provided for in the terms or conditions of the
sale.
Recovery
of amounts.
9.