Buffalo Export Charge Act 1997
No. 209, 1997
Buffalo Export Charge Act 1997
No. 209, 1997
An Act to impose a charge on the export of buffaloes, and for purposes dealing with the imposition of the charge
Contents
1 Short title..................................1
2 Commencement..............................1
3 Definitions.................................2
4 Imposition of charge............................2
5 No amount of charge payable in certain cases.............2
6 Rate of charge...............................2
7 Charge payable by producer.......................3
8 Regulations.................................3
Buffalo Export Charge Act 1997
No. 209, 1997
An Act to impose a charge on the export of buffaloes, and for purposes dealing with the imposition of the charge
[Assented to 17 December 1997]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Buffalo Export Charge Act 1997.
2 Commencement
This Act commences at the commencement of Part 3 of the Australian Meat and Live‑stock Industry Act 1997.
3 Definitions
(1) In this Act:
charge means charge imposed by this Act.
National Cattle Disease Eradication Account means:
(a) the trust account called the National Cattle Disease Eradication Trust Account continued in existence by section 4 of the National Cattle Disease Eradication Trust Account Act 1991; or
(b) the reserve called the National Cattle Disease Eradication Reserve established by section 4 of the National Cattle Disease Eradication Reserve Act 1991.
(2) Unless the contrary intention appears, a word or expression has the same meaning in this Act as it has in the Primary Industries Levies and Charges Collection Act 1991.
4 Imposition of charge
Subject to this Act, a charge is imposed on buffaloes exported from Australia after the commencement of this Act.
5 No amount of charge payable in certain cases
(1) The regulations may provide that no amount of charge is payable by producers of buffaloes 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 charge is not payable on the export of buffaloes in respect of any period while the regulation is in force.
6 Rate of charge
The rate of charge on the export of each head of buffaloes is the sum of the following amounts:
(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 into the National Cattle Disease Eradication Account.
7 Charge payable by producer
The charge payable on buffaloes exported from Australia is payable by the producer of the buffaloes.
8 Regulations
The Governor-General may make regulations prescribing all 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.
[Minister's second reading speech made in the
House of Representatives on 1 October 1997
Senate on 29 October 1997]
(163/97)
Overview
The Buffalo Export Charge Act 1997 was enacted by the Parliament of Australia to address a specific fiscal requirement related to the export of buffaloes. The Act was designed to impose a charge on the export of buffaloes, the revenue from which is intended to be allocated for specified purposes, including contributions to the Rural Industries Research and Development Corporation and the National Cattle Disease Eradication Account. This Act complements other legislative measures by ensuring that the export of buffaloes contributes to industry research and disease eradication efforts within Australia. The policy objective is to generate revenue from buffalo exports to support these critical areas, while also providing flexibility through the regulation-making powers conferred to the Governor-General.
Scope and Application
The Buffalo Export Charge Act 1997 applies to the export of buffaloes from Australia, imposing a charge on such exports. The Act is specifically tailored to regulate the export of buffaloes, ensuring that a financial charge is levied to support certain entities and initiatives. This charge is payable by the producer of the buffaloes, which includes any individual or entity engaged in the production of buffaloes for export. The Act applies on a national level within Australia and is designed to work in conjunction with other relevant federal legislation, such as the Australian Meat and Livestock Industry Act 1997 and the Primary Industries Levies and Charges Collection Act 1991. The Act allows for the possibility of exemptions or modifications to the charge through regulations, which can be made by the Governor-General. These regulations may, for instance, provide that no charge is payable by producers during certain periods. The charge itself comprises two components: a portion for the Rural Industries Research and Development Corporation and another for the National Cattle Disease Eradication Account.
Key Provisions
The Buffalo Export Charge Act 1997 (sections 4 and 5) imposes a charge on the export of buffaloes from Australia. This charge applies to all buffaloes exported after the Act's commencement, which aligns with the start of Part 3 of the Australian Meat and Livestock Industry Act 1997 (section 2). The Act defines key terms, such as "charge" and "National Cattle Disease Eradication Account," and incorporates definitions from the Primary Industries Levies and Charges Collection Act 1991 where appropriate (section 3). Additionally, the Act allows for the possibility of no charge being payable under certain circumstances, as may be specified by regulations (section 5(1)).
The obligations under this Act primarily fall on the producers of buffaloes. These producers are required to pay the stipulated charge for each buffalo exported (section 7). The charge comprises a fixed amount of $4.60 for the Rural Industries Research and Development Corporation and 73 cents for the National Cattle Disease Eradication Account, though these amounts can be altered by regulations (section 6). The flexibility to adjust the charge via regulations allows for any necessary modifications to be implemented without altering the primary Act.
Failure to comply with the provisions of the Buffalo Export Charge Act 1997 can result in legal consequences. While the Act does not explicitly detail specific offences or penalties within its text, breaches of related Acts or regulations may lead to civil or criminal penalties as prescribed in other governing legislation, such as the Primary Industries Levies and Charges Collection Act 1991. The penalties for non-compliance can include fines or other sanctions, depending on the severity and nature of the breach.