Live-stock Slaughter Levy Act 1964 (Cth)

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 Live-stock Slaughter Levy Act 1964

Act No. 8 of 1964 as amended

Consolidated as in force on 1 August 1997

(includes amendments up to Act No. 51 of 1996)

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

 

An Act to Impose a Levy on the Slaughter of certain Live-stock

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1Short title[see Note 1]

This Act may be cited as the Live-stock Slaughter Levy Act 1964. 

2Commencement [see Note 1]

This Act shall come into operation on a date to be fixed by Proclamation.

4Interpretation

  1. (1)

    In this Act, unless the contrary intention appears:

 AAHC means the Australian Animal Health Council Limited, A.C.N. 071-890-956. 

Australian Meat and Live-stock Corporation means the Australian Meat and Live-stock Corporation continued in existence by section 53 of the Meat and Live-stock Industry Act 1995; 

dressed weight, in relation to a carcase, means the weight of the carcase immediately after it has been dressed; 

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

levy  means levy imposed by this Act; 

live-stock  means, sheep, lambs, buffaloes and goats;

Meat Industry Council means the Meat Industry Council established by section 8 of the Meat and Live-stock Industry Act 1995;

Meat Research Corporation means the Meat Research Corporation continued in existence by section 166 of the Meat and Live-stock Industry Act 1995; 

sheep  does not include lambs. 

  1. (2)

    In ascertaining the weight of a carcase immediately after it has been dressed, no adjustment of that weight shall be made on account of shrinkage. 

  2. (3)

    Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

5Imposition of levy

  1. (1)

    Subject to subsection (2), a levy is imposed on the slaughter at an abattoir of live-stock for human consumption. 

  2. (2)

    Levy is not imposed: 

    1. (a)

      on the slaughter of live-stock the carcases of which are, in pursuance of a law of the Commonwealth or of a State or Territory, condemned or rejected by an inspector as being unfit for human consumption; or 

    2. (c) 

      on the slaughter of live-stock for consumption by the owner of that live-stock, by members of his family or by his employees.

6ARate of levy on slaughter of sheep

The rate of levy on the slaughter of each head of sheep consists of the sum of the amounts referred to in the following paragraphs:

  1. (a) 

    2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

  2. (b) 

    30.1 cents or, if another amount (not exceeding $1.30) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

  3. (c) 

    12.5 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation;

  4. (d)

    0.33 cent or, if another amount (not more than 2 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the AAHC.

6BRate of levy on slaughter of lambs

The rate of levy on the slaughter of each head of lambs consists of the sum of the amounts referred to in the following paragraphs:

  1. (a) 

    2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

  2. (b) 

    72.1 cents or, if another amount (not exceeding $1.30) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

  3. (c) 

    12.5 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation;

  4. (d)

    0.33 cent or, if another amount (not more than 2 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the AAHC.

6CRate of levy on slaughter of buffaloes

The rate of levy on the slaughter of each head of buffaloes consists of the sum of the amounts referred to in the following paragraphs:

  1. (a) 

    $4.60 or, if another amount (not exceeding $18.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Rural Industries Research and Development Corporation;

   (b) 73 cents or, if another amount (not exceeding $4.00) is prescribed by the regulations, the other amount, for the purpose of payment to the National Cattle Disease Eradication Trust Account.

6DRate of levy on slaughter of goats

The rate of levy on the slaughter of each head of goats consists of the sum of the amounts referred to in the following paragraphs:

  1. (a) 

    2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

  2. (b) 

    21.7 cents or, if another amount (not exceeding $1.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

  3. (c) 

    12.5 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation. 

7By whom levy payable

  1. Levy on the slaughter of any live-stock is payable by the person (including a State or an authority of a State) who owns the live-stock at the time when the slaughter takes place. 

8Regulations

  1. (1)

    The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

  2. (2) 

    The power of the Governor-General to make regulations prescribing an amount for the purposes of section 6A (other than paragraph (d)), section 6B (other than paragraph (d)) or section 6D is exercisable only after the Governor-General has taken into consideration the recommendations about the amount made to the Minister by the Meat Industry Council.

  3. (3) 

    The Meat Industry Council must not make a recommendation to the Minister for the purposes of section 6A, 6B or 6D:

    1. (a) 

      if a motion that the terms of the recommendation be endorsed has not been put before the last general meeting of the Australian meat and live-stock industry convened under section 22 of the Meat and Live-stock Industry Act 1995 before the making of that recommendation; or

    2. (b)

      if such a motion is so put and defeated.

  4. (4) 

    The Meat Industry Council must, at the time of making a recommendation of the kind referred to in subsection (3) to the Minister, give the Minister written particulars of the voting in respect of the motion that the terms of the recommendation be endorsed.

  5. (5)

    If a declaration is in force under subsection (6), the power of the Governor-General to make regulations prescribing an amount for the purposes of paragraph 6A(d) or 6B(d) is exercisable only after the Governor-General has taken into consideration any recommendations about the amount made to the Minister by the body specified in the declaration.

  6. (6)

    The Minister may, by notice published in the Gazette, declare a body to be the body whose recommendations about the amount to be prescribed for the purposes of paragraph 6A(d) or 6B(d) are to be taken into account under subsection (5).

NOTE

1.  The Live-stock Slaughter Levy Act 1964 as shown in this reprint comprises Act No. 8, 1964 amended as indicated in the Tables below.

Table of Acts

 

Act

Number

and Year

Date

of Assent

Date of Commencement

Application, saving or transitional provisions

Live-stock Slaughter Levy Act 1964

8, 1964

6 May 1964

1 Aug 1964 (see Gazette 1964,p. 2923)

Live-stock Slaughter Levy Act 1965

76, 1965

25 Nov 1965

3 Mar 1966 (see s. 2 and Gazette 1966,p. 1399)

S. 5

Statute Law Revision (Decimal Currency) Act 1966

93, 1966

29 Oct 1966

1 Dec 1966

–

Live-stock Slaughter Levy Act 1968

140, 1968

9 Dec 1968

9 Dec 1968

–

Live-stock Slaughter Levy Act 1971

87, 1971

3 Nov 1971

3 Nov 1971

–

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Ss. 9 (1) and 10

Live-stock Slaughter Levy Act 1974

111, 1974

3 Dec 1974

S. 3: 1 Jan 1975

Remainder: Royal Assent

–

Live-stock Slaughter Levy Amendment Act 1976

42, 1976

2 June 1976

2 June 1976

–

Live-stock Slaughter Levy Amendment Act 1977

70, 1977

16 June 1977

Ss. 1, 2, 4, 5 (1), 6 (1), 7 (1) and 9: Royal Assent

Remainder: 1 Aug 1978 (see Gazette 1978, No. S140)

–

Live-stock Slaughter Levy Amendment Act 1978

179, 1978

4 Dec 1978

4 Dec 1978

–

Live-stock Slaughter Levy Amendment Act 1979

73, 1979

25 June 1979

1 July 1979

–

Live-stock Slaughter Levy Amendment Act 1982

82, 1982

24 Sept 1982

24 Sept 1982

–

Live-stock Slaughter Levy Amendment Act 1984

60, 1984

25 June 1984

S. 4 (2): 10 May 1985 (see Gazette 1985, No. S157)

Remainder: 6 July 1984 (see s. 2 (1) and Gazette 1984, No. S262)

–

Live-stock Slaughter Levy Amendment Act 1985

14, 1985

7 May 1985

S. 11 (2): 1 Mar 1988 (see Gazette 1988, No. S59)

Remainder: 1 July 1985 (see s. 2 (1) and Gazette 1985, No. S245)

S. 12

Live-stock Slaughter Levy Amendment Act 1986

23, 1986

13 May 1986

13 May 1986

–

Live-stock Slaughter Levy Amendment Act 1987

157, 1987

26 Dec 1987

26 Dec 1987

–

Live-stock Slaughter Levy Amendment Act 1989

127, 1989

7 Nov 1989

1 Jan 1990

 (a)

–

Live-stock Slaughter Levy Amendment Act 1990

126, 1990

28 Dec 199

1 Feb 1991 (see s. 2 and Gazette 1991, No. S11)

–

Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991

26, 1991

1 Mar 1991

1 July 1991 (see s. 2)

S. 5

Primary Industries Legislation Amendment Act 1991

39, 1991

27 Mar 1991

Ss. 3 (1) (Schedule [Part 1]) and 4: 1 July 1991

Remainder: Royal Assent

S. 4

Live-stock Slaughter Levy Amendment Act 1995

72, 1995

30 June 1995

 July 1995

S. 3 (item 10)

Live-stock Slaughter Levy Amendment (AAHC) Act 1996

51, 1996

25 Oct 1996

25 Oct 1996

Sch. 1 (item 6)

 

(a) The Live-stock Slaughter Levy Act 1964 was amended by the Live-stock Slaughter Levy Amendment Act 1989, section 2 of which provides as follows:

“2. (1) In this section:

 month means one of the months of a calendar year.

(2)  This Act commences:

(a) if the Exotic Animal Disease Control Act 1989 commences on the first day of a month—on the first day after the end of that month; or

(b) if paragraph (a) does not apply—on the first day after the end of the month next following the month in which that Act commences.

Section 30 of the Exotic Animal Disease Control Act 1989 provides as follows:

  1. “30. (1) The provisions of this Act

     (other than sections 1, 3, 21, 23, 24 and 27 and subsection (2) of this section), unless sooner repealed, cease to have effect at the end of 30 June 1995.

(2)  Sections 1, 3, 21, 23, 24 and 27 and this subsection, unless sooner repealed, cease to have effect at the end of 31 December 1995.”

Table of Amendments

    ad. = added or inserted

     am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

S. 3

rep. No. 26, 1991

S. 4

am. No. 70, 1977; No. 73, 1979; No. 82, 1982; No. 60, 1984; No. 14, 1985; Nos. 26 and 39, 1991; No. 72, 1995; No. 51, 1996

S. 5

am. No. 216, 1973; No. 111, 1974; No. 42, 1976; No. 70, 1977; No. 73, 1979

S. 6

rs. No. 76, 1965

am. No. 93, 1966

rs. No. 140, 1968

am. No. 87, 1971; No. 111, 1974; No. 42, 1976; No. 70, 1977; No. 179, 1978; No. 73, 1979; No. 82, 1982; No. 14, 1985; No. 23, 1986; No. 157, 1987; No. 127, 1989; No. 126, 1990

rep. No. 72, 1995

Ss. 6A, 6B

ad. No. 76, 1965

am. No. 93, 1966

rs. No. 140, 1968

am. No. 87, 1971; No. 111, 1974; No. 42, 1976; No. 70, 1977; No. 179, 1978; No. 82, 1982; No. 14, 1985; No. 23, 1986; No. 157, 1987; No. 127, 1989

rs. No. 72, 1995

am. No. 51, 1996

S. 6C

ad. No. 70, 1977

am. No. 179, 1978; No. 73, 1979; No. 82, 1982; No. 14, 1985; No. 23, 1986; No. 157, 1987; No. 127, 1989

rs. No. 72, 1995

S. 6D

ad. No. 70, 1977

am. No. 179, 1978; No. 82, 1982; No. 14, 1985; No. 23, 1986; No. 157, 1987; No. 127, 1989

rs. No. 72, 1995

Ss. 6E, 6F

ad. No. 73, 1979

am. No. 82, 1982; No. 14, 1985; No. 23, 1986; No. 157, 1987; No. 127, 1989; No. 126, 1990

rep. No. 72, 1995

S. 6G

ad.

 No. 126, 1990

rep. No. 72, 1995

S. 7

am. No. 70, 1977

S. 8

    am. No. 76, 1965; No. 140, 1968; No. 42, 1976; No. 70, 1977; No. 73, 1979; No. 82, 1982; No. 60, 1984;

     No. 14, 1985; No. 127, 1989; No. 39, 1991; No. 72, 1995; No. 51, 1996

S. 9

ad. No. 127, 1989

rep. No. 72, 1995

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