Live-stock Slaughter Levy Collection Regulations (Amendment) (Cth)

Statutory Rules

1978 No. 144

REGULATIONS UNDER THE LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Live-stock Slaughter Levy Collection Act 1964.

Dated this twenty-first day of July 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry

 

AMENDMENTS OF THE LIVE-STOCK SLAUGHTER LEVY COLLECTION REGULATIONS 

Interpretation

1. Regulation 3 of the Live-stock Slaughter Levy Collection Regulations is amended by omitting from sub-regulation (2) “ the Second Schedule ” and substituting “ Schedule 2 ”.

Manner of payment of levy, &c.

2. Regulation 4 of the Live-stock Slaughter Levy Collection Regulations is amended by omitting “ the First Schedule ” and substituting “ Schedule 1 ”.

3. Regulation 5 of the Live-stock Slaughter Levy Collection Regulations is repealed and the following regulation substituted:

Returns

“ 5. (1)The proprietor of an abattoir shall, on or before the twenty-eighth day in each month, furnish to the Secretary the prescribed information with respect to the live-stock slaughtered at that abattoir in the preceding month.

“ (2) Where in a month no live-stock is slaughtered at an abattoir, the proprietor of the abattoir shall, on or before the twenty-eighth day in the next succeeding month, inform the Secretary, in accordance with sub-regulation (5) or (7), of the fact

 

* Notified in the Commonwealth of Australia Gazette on 27 July 1978.

 Statutory Rules 1964, No. 92.

“ (3) For the purposes of sub-regulation (1), the prescribed information is—

(a) the full name and address of the abattoir;

(b) the month of the year in respect of which the information is furnished;

(c) the number of carcases of cattle slaughtered, the dressed weight of which exceeded—

(i) in the case of a carcase having the skin removed— 90 kilograms; or

(ii) in any other case—100 kilograms;

(d) the number of carcases of sheep slaughtered;

(e) the number of carcases of lambs slaughtered;

(f) the number of carcases of goats slaughtered;

(g) the amount of levy payable in respect of the live-stock specified in paragraphs (c), (d), (e) and (f);

(h) such other particulars relating to the live-stock slaughtered at the abattoir as the Secretary may from time to time require.

“ (4) In sub-regulation (3), a reference to a carcase does not include a reference to a carcase—

(a) that cannot, under a law of the Commonwealth or of a State or Territory of the Commonwealth, be used for human consumption; or

(b) that is a carcase of live-stock that has been slaughtered for consumption by the owner of the carcase, by members of his family or by his employees.

“ (5) The information furnished in pursuance of sub-regulation (1) or (2) shall be accompanied by a declaration signed by a prescribed person that the information is true in every material particular.

“ (6) In sub-regulation (5), ‘ prescribed person ’ means—

(a) the proprietor of the abattoir;

(b) his authorized agent;

(c) the manager of the abattoir; or

(d) where the proprietor of the abattoir is a company—a director or the secretary of the company.

“ (7) The information required to be furnished by sub-regulation (1) or (2) in relation to an abattoir in a State or Territory may be lodged with the Collector of Public Moneys, Department of Primary Industry at the place the name of which is specified in column 2 of the table in Schedule 1 opposite to the name of the State or Territory in column 1 of that table.”.

Authorized agent

4. Regulation 6 of the Live-stock Slaughter Levy Collection Regulations is amended—

(a) by omitting from sub-regulation (1) “ executing from time to time, on his behalf the declaration set out in Form 1 ” and substituting “these Regulations”; and

(b) by omitting from paragraph (b) of sub-regulation (2) “ the First Schedule ” and substituting “ Schedule 1 ”.

5. Regulation 7 of the Live-stock Slaughter Levy Collection Regulations is repealed and the following regulation substituted:

Proper records to be kept

“ 7. The proprietor of an abattoir, or a person who causes livestock to be slaughtered at an abattoir of which another person is the proprietor, shall keep or cause to be kept proper records showing, with respect to the carcases of live-stock slaughtered at the abattoir in each month—

(a) the number of cattle carcases (not being carcases referred to in paragraph (f) or (g)) the dressed weight of which exceeded—

(i) in the case of a carcase having the skin removed— 90 kilograms; or

(ii) in any other case—100 kilograms;

(b) the number of cattle carcases (not being carcases referred to in paragraph (a), (f) or (g));

(c) the number of sheep carcases (not being carcases referred to in paragraph (f) or (g));

(d) the number of lamb carcases (not being carcases referred to in paragraph (f) or (g));

(e) the number of goat carcases (not being carcases referred to in paragraph (f) or (g));

(f) the number of carcases that could not, under a law of the Commonwealth or of a State or Territory of the Commonwealth, be used for human consumption; and

(g) the number of carcases of live-stock slaughtered for consumption by the owner of that live-stock, by members of his family or by his employees.

Penalty: $200.”.

Statement to be furnished at request of proprietor

6. Regulation 8 of the Live-stock Slaughter levy Collection Regulations is amended by omitting “ the last preceding regulation ” and substituting “ regulation 7 ”.

First Schedule

7. The First Schedule to the Live-stock Slaughter Levy Collection Regulations is amended by omitting “ FIRST SCHEDULE ” and substituting “ SCHEDULE 1 ”.

Second Schedule

8. The Second Schedule to the Live-stock Slaughter Levy Collection Regulations is amended—

(a) by omitting “ SECOND SCHEDULE ” and substituting “ SCHEDULE 2 ”;

(b) by omitting Form 1; and

(c) by omitting from Form 2 “ set out in Form 1 in the Second Schedule to ” and substituting “ required by sub-regulation 5 (5) of” .