Beef Production Levy Act 1990

Beef Production Levy Act 1990

Act No. 140 of 1990 as amended

Consolidated as in force on 25 November 1999

(includes amendments up to Act No. 32 of 1999

[Note: This Act is repealed by No. 32 of 1999]

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

4 Interpretation.................................

5 Imposition of levy..............................

5A No amount of levy payable in certain cases...............

6 Rate of levy on slaughter of cattle.....................

7 By whom levy payable...........................

8 Regulations..................................

Notes 

An Act to impose a levy on the production of beef

1  Short title [see Note 1]

  This Act may be cited as the Beef Production Levy Act 1990.

2  Commencement [see Note 1]

  This Act commences on the day on which the Cattle Transaction Levy Act 1990 commences.

4  Interpretation

 (1) In this Act, unless the contrary intention appears:

cattle means bovine animals other than buffalo.

cold carcase weight means the weight of a carcase weighed 2 hours or more after slaughter.

hot carcase weight means the weight of a carcase weighed within 2 hours after slaughtering.

levy means levy imposed by this Act.

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.

weighing period, in relation to a carcase, means the period of time between slaughter and the earlier of the following events:

 (a) the lodging of the monthly return (as required by the Primary Industries Levies and Charges Collection (Cattle and Live‑stock) Regulations) in which the hot carcase weight of the carcase should be included;

 (b) levy on the carcase becomes due for payment (as provided in the Primary Industries Levies and Charges Collection (Cattle and Live‑stock) Regulations).

 (2) 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.

5  Imposition of levy

 (1) Subject to subsection (2), levy is imposed on the slaughter at an abattoir of cattle for human consumption.

 (2) Levy is not imposed on the slaughter of cattle the carcases of which are, under any applicable law of the Commonwealth or of a State or Territory, condemned or rejected as being unfit for human consumption.

5A  No amount of levy payable in certain cases

 (1) The regulations may provide that no amount of levy is payable by owners of cattle under this Act.

 (2) Despite anything else in this Act, if a regulation of the kind referred to in subsection (1) is made, an amount of levy is not payable on the slaughter of cattle in respect of any period while the regulation is in force.

6  Rate of levy on slaughter of cattle

 (1) The rate of levy imposed on the slaughter of cattle consists of the sum of the amounts, per kilogram of the carcase of each head of cattle slaughtered, that are referred to in the following paragraphs:

 (a) the prescribed amount (not exceeding 6 cents), for the purpose of payment to the marketing body;

 (b) the prescribed amount (not exceeding 1 cent), for the purpose of payment to the research body.

 (2) For the purposes of the calculation of levy, the weight of a carcase is its hot carcase weight.

 (3) If an abattoir does not determine the hot carcase weight of a carcase then, depending on which circumstance in the table is applicable, the hot carcase weight is taken to be the weight specified in the table, and that weight is taken to have been determined at the time of completing the slaughter.

Note: Section 24A of the Primary Levies and Charges Collection Act 1991 creates offences that apply in the following situations:

(a) an abattoir is able to determine a hot carcase weight but fails to do so;

(b) an abattoir is unable to determine a hot carcase weight, is able to determine a cold carcase weight within the weighing period but fails to do so.

7  By whom levy payable

  Levy on the slaughter of cattle is payable by the owner of the cattle immediately after their hot carcase weight is determined or taken to have been determined, as the case requires.

8  Regulations

 (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

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

 (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 6(1)(a) or 6(1)(b) are to be taken into consideration under subsection (3).

 (3) If a declaration is in force under subsection (2), the Governor‑General’s power to make regulations 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.

Notes to the Beef Production Levy Act 1990

Note 1

The Beef Production Levy Act 1990 as shown in this consolidation comprises Act No. 140, 1990 amended as indicated in the Tables below.

Table of Acts

(a) The Beef Production Levy Act 1990 was amended by Schedule 1 only of the Beef Production Levy Amendment Act 1997, section 2 of which provides as follows:

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

Table of Amendments