Live-stock Slaughter Levy Collection Amendment Act 1977 (Cth)

LIVE-STOCK SLAUGHTER LEVY COLLECTION AMENDMENT ACT 1977

No. 71 of 1977

An Act to amend the Live-stock Slaughter Levy Collection Act 1964.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: —

Short title, &c.

1. (1) This Act may be cited as the Live-stock Slaughter Levy Collection Amendment Act 1977.

(2) The Live-stock Slaughter Levy Collection Act 19642 is in this Act referred to as the Principal Act.

Commencement.

2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Section 6 shall come into operation on the date fixed by Proclamation under sub-section 2(1) of the Live-stock Slaughter Levy Amendment Act 1977.

3. Sections 4 and 5 of the Principal Act are repealed and the following sections substituted:—

Interpretation.

“4. In this Act, unless the contrary intention appears, “levy” means levy imposed by the Live-stock Slaughter Levy Act 1964.

Act to bind Crown.

“5. This Act binds the Crown in right of a State.”.

Penalty for non-payment.

4. Section 9 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections: —

“(3) The Minister or, subject to sub-section (4), a person authorized, in writing, by the Minister for the purposes of this section, may, in a particular case, for a reason that the Minister or the authorized person, as the case may be, in his discretion, thinks sufficient, remit the whole or a part of an amount payable under this section.

“(4) A remission granted under sub-section (3) by a person authorized by the Minister for the purposes of this section shall not exceed $100.”.

Deduction of levy from purchase price payable by slaughterers.

5. (1) Section 10 of the Principal Act is repealed.

(2) Notwithstanding the repeal effected by sub-section (1), section 10 of the Principal Act continues to apply, on and after the date of commencement of this section, in respect of any contract to which, immediately before that date, that section had applied.

Payments into National Cattle Disease Eradication Trust Account.

6. Section 10b of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the words “paragraph 6(1)(d) of the Live-stock Slaughter Levy Act 1964-1976” and substituting the words “paragraphs 6(1)(d) and 6c(1)(d) of the Live-stock Slaughter Levy Act 1964”;

(b) by inserting after paragraph (a) of sub-section (1) the following paragraph:—

“(aa) amounts equal to the amounts of charge received by the Commonwealth by virtue of paragraphs 7(1)(c) and 10(1)(c) of the Live-stock Export Charge Act 1977;”; and

(c) by omitting from sub-section (2) the words “of paragraph (1)(a)” and substituting the words “of paragraphs (1)(a) and (aa)”.

Repeal of sections 11, 12 and 13.

7. (1) Sections 11, 12 and 13 of the Principal Act are repealed.

(2) Notwithstanding the repeal effected by sub-section (1), section 13 of the Principal Act continues to apply, on and after the date of commencement of this section, in relation to any proceedings in respect of an offence against section 12 of the Principal Act, including proceedings in respect of such an offence that are instituted on or after that date.

Access to books, &c.

8. Section 15 of the Principal Act is amended by omitting the words—

“Penalty: $100.”

and substituting the words—

“Penalty: $200.”.

Regulations.

9. Section 16 of the Principal Act is amended by omitting from paragraph (b) the words “the Secretary” and substituting the words “such persons as are prescribed”.