Live-stock (Exporters) Export Charge Act 1997 (Cth)

Live‑stock (Exporters) Export Charge Act 1997

No. 216, 1997

Live‑stock (Exporters) Export Charge Act 1997

No. 216, 1997

An Act to impose a charge, payable by exporters, on the export of certain live‑stock, and for purposes dealing with the imposition of the charge

Contents

Live-stock (Exporters) Export Charge Act 1997

No. 216, 1997

An Act to impose a charge, payable by exporters, on the export of certain live-stock, and for purposes dealing with the imposition of the charge

[Assented to 17 December 1997]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Live‑stock (Exporters) Export Charge Act 1997.

2Commencement

This Act commences at the commencement of Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

3Definitions

1. (1)

   In this Act, unless the contrary intention appears:

   charge means charge imposed by this Act.

   lamb means a sheep that has not cut a permanent incisor tooth.

   live-stock means sheep, lambs and goats.

   marketing body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

   research body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

   sheep does not include lambs.

2. (2)

   Unless the contrary intention appears, a word or expression has the same meaning in this Act as it has in the Primary Industries Levies and Charges Collection Act 1991.

4Imposition of charge

Subject to this Act, a charge is imposed on the export of live‑stock from Australia after the commencement of this Act.

5Exemption of live-stock from charge

Charge is not payable on the export of live‑stock that is included in a class of live‑stock that is, by notice published in the Gazette, declared by the Minister, or by a person authorised by the Minister, in writing, for the purposes of this section, to be a class of live‑stock that is exempt from charge.

6No amount of charge payable in certain cases

1. (1)

   The regulations may provide that no amount of charge is payable by exporters of live‑stock under this Act.

2. (2)

   Despite anything else in this Act, if a regulation of the kind referred to in subsection (1) is made, an amount of charge is not payable on the export of live‑stock from Australia in respect of any period while the regulation is in force.

7Rate of charge on export of sheep

The rate of charge on the export of each head of sheep is the sum of the following amounts:

1. (a)

   the prescribed amount (not exceeding 55 cents), for the purpose of payment to the marketing body;

2. (b)

   the prescribed amount (not exceeding 25 cents), for the purpose of payment to the research body.

8Rate of charge on export of lambs

The rate of charge on the export of each head of lambs is the sum of the following amounts:

1. (a)

   the prescribed amount (not exceeding 50 cents), for the purpose of payment to the marketing body;

2. (b)

   the prescribed amount (not exceeding 25 cents), for the purpose of payment to the research body.

9Rate of charge on export of goats

The rate of charge on the export of each head of goats is the sum of the following amounts:

1. (a)

   the prescribed amount (not exceeding 55 cents), for the purpose of payment to the marketing body;

2. (b)

   the prescribed amount (not exceeding 25 cents), for the purpose of payment to the research body.

10Charge payable by exporters

The charge payable on the export of live‑stock from Australia is payable by the exporter of the live‑stock.

11Regulations

1. (1)

   The Governor-General may make regulations prescribing all matters:

   1. (a)

      required or permitted by this Act to be prescribed; or

   2. (b)

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

2. (2)

   The Minister may, by notice in the Gazette, declare a body to be the body whose recommendations about the amount to be prescribed for the purposes of paragraph 7(a), 7(b), 8(a), 8(b), 9(a) or 9(b) are to be taken into consideration under subsection (3).

3. (3)

   If a declaration is in force under subsection (2), the Governor‑General’s power to make regulations prescribing an amount for the purposes of the paragraph to which the declaration relates is exercisable only on the advice of the Executive Council given after the Council has taken into consideration any recommendations about the amount made to the Minister by the body specified in the declaration in relation to that paragraph.

[Minister's second reading speech made in the¾

House of Representatives on 1 October 1997

Senate on 29 October 1997]

(154/97)