Livestock Disease Control (Amendment) Act 1997 (Vic)

Livestock Disease Control (Amendment) Act 1997

Act No. 25/1997

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—LIVESTOCK DISEASE CONTROL ACT 1994 3

3.	Definitions	3
4.	Cattle compensation	3
5.	Cattle Compensation Advisory Committee	4
6.	New Division 3A inserted in Part 5	4
Division 3A—Sheep and Goat Compensation	4
79A. Sheep and Goat Compensation Fund	4
79B. Payments out of the Fund	5
79C. Compensation for Johne's Disease only	6
79D. Amount of compensation	6
79E. Payment of compensation	8
79F. No compensation payable	9
79G. Compensation payable out of Fund	9
79H. Sale of carcases etc.	9

79I. Sheep and Goat Compensation Advisory Committee 10

7.	Payment of duty	11
8.	Duty stamps	12
9.	Payment of duty by approved agents	12
10.	Offences	13
11.	New section 96A inserted	13
96A. Suspension of requirement to pay duty	13
12.	Committees	14

i

Section	Page
PART 3—STAMPS ACT 1958	15

13.	Stamp duty on cattle sales	15
14.	Sheep and goat duty	16

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NOTES 17

ii

Victoria

No. 25 of 1997

Livestock Disease Control (Amendment)

Act 1997†

[Assented to 20 May 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The main purpose of this Act is to amend the Livestock Disease Control Act 1994 and the Stamps Act 1958 to make further provision for

livestock disease compensation funds.

Livestock Disease Control (Amendment) Act 1997

Act No. 25/1997 s. 2

2. Commencement

(1) This Part comes into operation on the day on

which this Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 June 1998, it

comes into operation on that day.

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Livestock Disease Control (Amendment) Act 1997

s. 3 Act No. 25/1997

PART 2—LIVESTOCK DISEASE CONTROL ACT 1994

3. Definitions

Act No.

115/1994.	In section 3 of the Livestock Disease Control
Amended by	Act 1994—
Act Nos
92/1995 and	(a) after the definition of "fodder" insert—
73/1996

' "goat" means buck, doe, kid or wether;';

(b)

after the definition of "quarantine area" ' "residual value", in relation to any

livestock referred to in Part 5 which is destroyed, means any money received by the Secretary on the sale of the
carcase, wool, hide or offal of the

livestock;';

(c) after the definition of "Secretary" insert— ' "sheep" means any ewe, hoggett, lamb,

ram or wether;'.

4. Cattle compensation

In section 74 of the Livestock Disease Control

Act 1994—

(a) for "is the market value of the cattle" substitute "must be calculated in accordance with any criteria or method fixed by Order of the Governor in Council with respect to any disease or class of disease or any cattle or class of cattle that is specified in the Order";

(b) for "they" substitute "the cattle".

Livestock Disease Control (Amendment) Act 1997

Act No. 25/1997 s. 5

5. Cattle Compensation Advisory Committee

In section 79(3) of the Livestock Disease Control

Act 1994—

(a) for "5" substitute "7";

(b) for paragraph (e) substitute— "(e) one is to be the Chairman of the Cattle

Committee of the Victorian Farmers

Federation;

(f) one is to be the Chairman of the Australian Meat Council, Victorian Division;

(g) one is to be the Secretary.".

6. New Division 3A inserted in Part 5

After section 79 of Livestock Disease Control

Act 1994 insert—

"Division 3A—Sheep and Goat Compensation

79A. Sheep and Goat Compensation Fund

(1) There is established in the Public Account,

as part of the Trust Fund, an account known as the Sheep and Goat Compensation Fund.

(2) There is to be paid to the credit of the

Fund—

(a)	all money received by or for the Commissioner of State Revenue as stamp duty on statements and approved agents' returns relating to the sale of sheep or goats or the carcases of sheep or goats under the Stamps Act 1958;
(b)	the amounts of residual value of sheep or goats sold under section 79H in respect of which compensation is paid;

Livestock Disease Control (Amendment) Act 1997

s. 6 Act No. 25/1997

(c)	any money paid by the Commonwealth for or in respect of compensation for sheep or goats suffering from disease;
(d)	all penalties recovered under section 91 relating to offences with respect to sheep or goats;
(e)	all interest earned on money in the Fund.

(3) Money in the Fund may be invested in any

manner in which money may be invested under the Trustee Act 1958 or any other manner that the appropriate Minister

approves.

79B. Payments out of the Fund

(1) The Sheep and Goat Compensation Fund is to be applied—

(a)	to the payment, in accordance with this Division, of claims for compensation;
(b)	to the payment, in accordance with this Division, of costs incurred in connection with the transporting and destroying of any sheep or goats if the carcases of the sheep or goats are condemned as unfit for human consumption or if the sheep or goats are ordered to be destroyed but die before being destroyed.

(2) The Minister may make payments—

(a)	from the capital of the Fund for administering the provisions of this Act relating to sheep and goats;
(b)	from interest earned on money from the Fund for programs and projects for the

Livestock Disease Control (Amendment) Act 1997

Act No. 25/1997	s. 6
benefit of the sheep and goat industry in Victoria;

(3) The Minister must not make a payment

under sub-section (2) unless the Minister has
considered any relevant recommendations
from the Sheep and Goat Compensation
Advisory Committee.

(4) If the Fund is insufficient to pay any amount of compensation payable out of the Fund and the Treasurer certifies that the amount is

required for the payment of compensation under this section, the amount is to be paid out of the Consolidated Fund which is, to the
necessary extent, appropriated accordingly.

79C. Compensation for Johne's Disease only Compensation is only payable under this Division in respect of Johne's Disease.

79D. Amount of compensation

(1) The amount of compensation payable for

sheep or goats which are destroyed or which,
after being ordered to be destroyed, die
before being destroyed must be calculated in
accordance with any criteria or method fixed
by Order of the Governor in Council with
respect to any sheep or goats or class of
sheep or goats specified in the Order whether
after destruction or death they are found to
be free from disease or not.

(2) The amount of compensation payable for any

one head of sheep or goat must not exceed
any amount that is fixed from time to time by
Order of the Governor in Council.

(3) The amount of compensation payable for

sheep or goats which have reached the
clinical stage of disease specified by Order

Livestock Disease Control (Amendment) Act 1997

Act No. 25/1997

in

Livestock Disease Control (Amendment) Act 1997

Act No. 25/1997 s. 6

Council must not exceed the level or rate of
compensation fixed from time to time by
Order of the Governor in Council.

(4) The amount of compensation payable for any

diseased carcase condemned as unfit for
human consumption because of disease must
be in accordance with the scale of amounts
of compensation for those carcases fixed
from time to time by Order of the Governor
in Council.

79E. Payment of compensation

Compensation is payable—

(a)	to the owner of any sheep or goats destroyed by, or by order of, an inspector under this Act because the sheep or goats are suffering from or suspected of suffering from disease; or
(b)	to the owner of any sheep or goats which are ordered to be destroyed by an inspector under this Act because the sheep or goats are suffering from or suspected of suffering from disease and which die before being destroyed; or
(c)	to the owner of any sheep or goats destroyed because of injury suffered by the sheep or goats in the course of administration of this Act; or
(d)	goats condemned under the Meat Industry Act 1993 or the Export Control Act 1982 of the

to the owner of any carcase of sheep or facility by an inspector as unfit for human consumption because of disease.

Livestock Disease Control (Amendment) Act 1997

s. 6 Act No. 25/1997

79F. No compensation payable

No compensation is payable—

(a)	if a portion only of a carcase is condemned as unfit for human consumption because of disease; or
(b)	if the owner of any sheep or goat visibly affected by disease has failed to give any notice of the existence of the disease required to be given under this Act; or
(c)	if the owner fails to satisfy the Secretary that the stamp duty under the Stamps Act 1958 has been paid in respect of all of that owner's sheep or goats; or
(d)	if the owner fails to satisfy the Secretary that the owner has complied with the requirements of this Act relating to claims for compensation.

79G. Compensation payable out of Fund

Compensation under this Division is payable
out of the Sheep and Goat Compensation

Fund.

79H. Sale of carcases etc.

(1) The Secretary may sell the carcase, wool, hide and offal of any sheep or goats which are destroyed.

(2) The amount of any money received for the

carcase, wool, hide or offal of sheep or goats sold under sub-section (1) must be paid into the Sheep and Goat Compensation Fund.

Livestock Disease Control (Amendment) Act 1997

Act No. 25/1997 s. 6

79I. Sheep and Goat Compensation Advisory

Committee

(1) There is established by this Act a committee

to be known as the Sheep and Goat
Compensation Advisory Committee.

(2) The functions of the Committee are to advise the Minister about—

(a)

the maximum amount of compensation Division;

(b)	payments which should be made under section 79B(2);
(c)	any other matter referred to it by the Minister.

(3) The Committee consists of 7 members

appointed by the Minister, of whom —

(a)	one is to be the President of the Pastoral Group of the Victorian Farmers Federation;
(b)	one is to be the Chairman of the Sheepmeats Committee of the Pastoral Group of the Victorian Farmers Federation;
(c)	one is to be the Chairman of the Wool Committee of the Pastoral Group of the Victorian Farmers Federation;
(d)	one is to be the President of the Australian Association of Stud Sheep Breeders;
(e)	one is to be the President of the Victorian Stock Agents Association;

Livestock Disease Control (Amendment) Act 1997

s. 7 Act No. 25/1997

(f) one is to be the President of the National Meat Association, Victorian Division;

(g) one is to be the Secretary.

(4) The Minister may appoint one of the

members of the Committee to be
chairperson.

(5) A member of the Committee may, by notice in writing to the Minister, nominate another person to act in the place of that member at all meetings or any meeting of the

Committee. A person so nominated who attends a meeting of the Committee may act as if that person was a member of the Committee and may vote on any matter for resolution by the Committee.

(6) The provisions of Schedule 1 apply to the

Committee.".

7. Payment of duty

After section 92(1) of the Livestock Disease
Control Act 1994 insert—

"(1A) If an owner of sheep or goats sells the sheep or goats or the carcases of the sheep or goats over the hooks where the carcase is

purchased on a weight sale basis after the
animal has been slaughtered otherwise than
through an approved agent, the owner must
either personally or by his or her agent upon

the sale—

(a) write or cause to be written out a statement setting out the number of sheep, goats or carcases sold, the amount of the purchase money in respect of each sheep, goat or carcase sold and the date of sale; and

Livestock Disease Control (Amendment) Act 1997

Act No. 25/1997 s. 8

(b)	affix to the statement sheep and goat duty stamps to the amount of duty payable under the Stamps Act 1958 and cancel the stamps; and
(c)	give, or send by registered post, to the purchaser of the sheep or goats or carcases the statement within 7 days after the sale.

Penalty: 10 penalty units.".

8. Duty stamps

(1) After section 93(1) of the Livestock Disease

Control Act 1994 insert—

"(1A) The stamp duties payable under the Stamps Act 1958 on statements relating to sheep or goats must be denoted by adhesive sheep and

goat duty stamps issued by the

Commissioner of State Revenue.".

(2) After section 93(3) of the Livestock Disease

Control Act 1994 insert—

'(3A) The words "sheep and goat duty" must be

printed on or form part of an adhesive sheep

and goat duty stamp.'.

9. Payment of duty by approved agents

(1) After section 95(1) of the Livestock Disease

Control Act 1994 insert—

"(1A) An approved agent must not later than the

21st day of each month—

(a) furnish to the Commissioner of State Revenue a return or returns in the prescribed form verified in the prescribed manner of sales of sheep and

Livestock Disease Control (Amendment) Act 1997

s. 10	Act No. 25/1997
goats and the carcases of sheep and goats during the last preceding month; and

(b) pay in cash to the Commissioner as sheep and goat duty on any such return the stamp duty payable under the Stamps Act 1958.".

(2) After section 95(5) of the Livestock Disease

Control Act 1994 insert—

'(5A) An approved agent must—

(a)	issue to every purchaser of sheep or goats or the carcases of sheep or goats an invoice in the prescribed form containing the prescribed particulars;
(b)	endorse on the invoice the expression "Vic Sheep and Goat Duty Paid" and the number assigned to the approved agent.'.

10. Offences

In section 96(2) of the Livestock Disease Control
Act 1994 after "Vic Cattle Duty Paid" insert

", Vic Sheep and Goat Duty Paid".

11. New section 96A inserted

In Part 6 of the Livestock Disease Control Act

1994, after section 96 insert—

"96A. Suspension of requirement to pay duty

(1) The Governor in Council may from time to time declare by Order that the provisions of sections 92(1A) and 95(1A) have no force or

effect for any period, not exceeding 12
months, that is specified in the Order.

Livestock Disease Control (Amendment) Act 1997

Act No. 25/1997 s. 12

(2) Sections 92(1A) and 95(1A) cease to have any force or effect on and from a day specified in the Order or, if no day is specified in the Order, on and from the day

the Order is published in the Government
Gazette.

(3) An Order under this section may be extended

for any period not exceeding 12 months that
is specified by Order of the Governor in
Council.".

12. Committees

In Schedule 1 to the Livestock Disease Control

Act 1994 after clause 1(c) insert—

"; or

(d) the Sheep and Goat Industry Advisory Committee.".

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Livestock Disease Control (Amendment) Act 1997

s. 13 Act No. 25/1997

PART 3—STAMPS ACT 1958

13. Stamp duty on cattle sales

Act No. 6375.	In Part XVII of the Third Schedule to the Stamps
Reprinted to
Act No.	Act 1958—
10/1996 and
further	(a) in clause (1) (a) omit "or the sale of any
amended by
Act Nos	carcase of any cattle sold over the hooks
35/1996,	where the carcase is purchased on a weight
42/96, 73/1996
and 84/1996.	sale basis after the animal has been slaughtered";

(b)	in clause (1)(a) for "two cents ($0.02)" substitute "five cents ($0.05)";
(c)	in clause (1)(b) for "seven cents ($0.07)" substitute "fifteen cents ($0.15)";
(d)	after clause (1)(b) insert— "(c) the sale of any cattle sold over the

hooks where the carcase is purchased on a weight sale basis after the animal has been slaughtered whether payment of the purchase money for the sale is or is not made in full at the time of the

sale or is to be made by instalments or
is otherwise deferred, for each

carcase—

(i) up to and including 250

in the case of a carcase weighing ninety cents ($0.90); and

(ii) more than 250 kilograms—a

in the case of a carcase weighing cents ($1.30).".

Livestock Disease Control (Amendment) Act 1997

Act No. 25/1997 s. 14

14. Sheep and goat duty

After Part XVII of the Third Schedule to the

Stamps Act 1958 insert—

"PART XVIIA STATEMENTS AND RETURNS

ON SALES OF SHEEP AND GOATS

Any statement written out or caused to be written out by the owner of sheep or goats or the owner's agent or any approved agent's return furnished to the Commissioner of State Revenue under the Livestock Disease Control Act 1994 in respect of the sale of any sheep or goats or the carcases of any sheep or goats sold over the hooks where the carcase is purchased on a weight sale basis after the animal has been slaughtered, whether the payment of the purchase money for the sale is made or is not made in full at the time of the sale or is to be made by instalments or is otherwise deferred, a stamp duty of nine cents ($0.09).".

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Livestock Disease Control (Amendment) Act 1997

Notes Act No. 25/1997

NOTES

†

Minister's second reading speech—

Legislative Assembly: 3 April 1997

Legislative Council: 24 April 1997

The long title for the Bill for this Act was "to amend the Livestock
Disease Control Act 1994 and the Stamps Act 1958 to make further
provision for livestock compensation funds and for other purposes."