Cattle Export Charges Act 1990

Cattle Export Charges Act 1990

Act No. 142 of 1990 as amended

Consolidated as in force on

(includes amendments up to Act No. 47 of 1996)

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

Contents

1 Short title...................................1

2 Commencement...............................1

4 Interpretation.................................1

5 Imposition of charge.............................2

6 Rate of charge imposed by subsection 5(1) on export of cattle....3

6A Rates of charges imposed by subsections 5(2) and (3) on export of cattle              4

7 By whom charge payable..........................7

8 Regulations..................................7

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An Act to impose charges on the export of cattle

1  Short title [see Note 1]

This Act may be cited as the Cattle Export Charges 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:

AAHC means the Australian Animal Health Council Limited, A.C.N. 071‑890‑956.

Australian Meat and Live-stock Corporation means the Australian Meat and Live-stock Corporation continued in existence by section 53 of the Meat and Live-stock Industry Act 1995;

bobby calf means a bovine animal (other than a buffalo):

 (a) which, at the time when it was or is exported, had or has a liveweight that did not or does not exceed 80kg; or

 (b) which has not had its liveweight determined at the time when it was or is exported but which, in the opinion of the person responsible,  in accordance with subsection (5), for sending the charge, would, if slaughtered  at that time, have constituted or constitute a carcase whose dressed weight  would not have exceeded or would not exceed 40kg;

cattle means bovine animals other than buffalo;

charge  means charge imposed by this Act;

chargeable bobby calf means a bobby calf to which subsection 6A(4) does not apply; 

dairy cattle  means bovine animals that are, or, if they were not exported from Australia, would be likely to be, held on licensed dairy premises for a purpose related to commercial milk production, including, but without limiting the generality of the foregoing, bulls, calves and replacement heifers;

licensed dairy premises  means premises that, under the law of the State or Territory in which the premises are situated, are authorised for use as a dairy farm;

Meat Industry Council means the Meat Industry Council established by section 8 of the Meat and Live-stock Industry Act 1995;

Meat Research Corporation means the Meat Research Corporation continued in existence by section 166 of the Meat and Live-stock Industry Act 1995;

National Cattle Disease Eradication Trust Account means the trust account of that name continued in existence by section 4 of the National Cattle Disease Eradication Trust Account Act 1991.

  (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.

  (4) In determining the weight of a carcase immediately after it has been dressed, no adjustment of that weight is to be made on account of shrinkage.

  (5) For the purposes of the definition of bobby calf in subsection (1), if an amount equal to the amount of charge is required to be paid to the Commonwealth by a person (the relevant person) other than the person primarily liable for the payment of charge, the person responsible for sending the charge is  taken to be the relevant person.

5  Imposition of charge

 (1) A charge is imposed on the export of cattle (other than dairy cattle) from Australia.

  (2) A charge is imposed on the export from Australia on or after 1 February 1991 of cattle (other than dairy cattle) if cattle transaction levy under the Cattle Transaction Levy Act 1995 has not been paid, and is not payable, in respect of an act or transaction relating to the cattle.

  (3) A charge is imposed on the export from Australia on or after 1 July 1995 of cattle (other than dairy cattle) if:

  (a) the cattle were purchased, whether before, on or after that date, by the exporter; and

 (b) the period beginning on the date of purchase and ending on the date of export exceeds the longest of the following periods:

 (i) 60 days;

 (ii) the period for which the cattle are required under the Quarantine Act 1908 to be held in quarantine before being exported;

 (iii) the period for which the cattle are required under the law  of the country to which the cattle are being exported to be held in quarantine  before being exported.

6  Rate of charge imposed by subsection 5(1) on export of cattle

 (1) Subject to subsection (1A), the rate of charge imposed by subsection 5(1) on the export of cattle consists of the sum of the amounts, per kilogram of cattle so exported, referred to in the following paragraphs:

 (a) $0.0095, or such other amount, not exceeding $0.02, as is prescribed, for the purpose of payment to the Australian Meat and Live-stock Corporation;

 (b) $0.0014, or such other amount, not exceeding $0.005, as is prescribed, for the purpose of payment to the Meat Research Corporation.

  (1A) The rate of charge imposed by subsection 5(1) on the export of cattle on or after 1 July 1995 consists of the sum of the amounts, per kilogram of cattle so exported, referred to in the following paragraphs:

 (a) 0.1 cent or, if another amount (not exceeding 1 cent) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

 (b) 0.7 cent or, if another amount (not exceeding 2 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

 (c) 0.247 cent or, if another amount (not exceeding 0.5 cent) is  prescribed by the regulations, the other amount, for the purpose of payment  to the Meat Research Corporation.

  (2) For the purposes of calculation of charge, the weight of cattle exported is their liveweight described in the bill of lading, or similar document of title, facilitating the export of such cattle.

 (3) Where the liveweight of cattle exported is not described in the bill of lading, or similar document of title, facilitating the export of the cattle, then, for the purposes of the calculation of charge, the liveweight of the cattle is taken to be 480 kilograms per head.

6A  Rates of charges imposed by subsections 5(2) and (3) on export of cattle

 (1) The rate of charge imposed by subsection 5(2) on the export of each head of cattle (other than a chargeable bobby calf) consists of the sum of the amounts referred to in the following paragraphs:

 (a) 8 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

 (b) whichever of the following amounts is applicable, for the purpose of payment to the Australian Meat and Live-stock Corporation:

 (i) if the export of that head of cattle occurred before 1 March 1993—$3.15;

 (ii) if the export of that head of cattle occurred on or after 1 March 1993 and before 1 July 1994—$2.58;

 (iii) if the export of that head of cattle occurred on or after 1 July 1994 and before 1 July 1995—$2.16;

 (iv) if the export of that head of cattle occurs on or after 1 July 1995—$2.08 or, if another amount (not exceeding $6.00) is prescribed by the  regulations, the other amount;

 (c) whichever of the following amounts is applicable, for the purpose of payment to the Meat Research Corporation:

 (i) if the export of that head of cattle occurred before 1 May 1991—46 cents;

 (ii) if the export of that head of cattle occurred on or after 1 May 1991 and before 1 March 1993—88 cents;

 (iii) if the export of that head of cattle occurred on or after 1 March 1993 and before 1 July 1994—78 cents;

 (iv) if the export of that head of cattle occurred on or after 1 July 1994 and before 1 July 1995—72 cents;

 (v) if the export of that head of cattle occurs on or after 1 July 1995—72 cents or, if another amount (not exceeding $2.00) is prescribed by  the regulations, the other amount;

 (d) whichever of the following amounts is applicable, for the purpose of payment to the National Cattle Disease Eradication Trust Account:

 (i) if the export of that head of cattle occurred before 1 December 1991—$2.10;

 (ii) if the export of that head of cattle occurred on or after 1 December 1991 and before 1 March 1993—85 cents;

 (iii) if the export of that head of cattle occurred on or after 1 March 1993 and before 1 July 1993—52 cents;

 (iv) if the export of that head of cattle occurred on or after 1 July 1993 and before 1 July 1995—46 cents;

 (v) if the export of that head of cattle occurs on or after 1 July 1995—44 cents or, if another amount (not exceeding $4.00) is prescribed by  the regulations, the other amount;

 (e) if the export of that head of cattle occurred before 1 July 1993—12 cents, for the purposes of the National Residue Survey;

 (f) 5 cents or, if another amount (not more than 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the AAHC.

  (2) The rate of charge imposed by subsection 5(2) on the export of each head of cattle that is a chargeable bobby calf consists of the sum of the amounts referred to in the following paragraphs:

 (a) 8 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

 (b) whichever of the following amounts is applicable, for the purpose of payment to the Australian Meat and Live-stock Corporation:

 (i) if the export of that head of cattle occurred before 1 March 1993—70 cents;

 (ii) if the export of that head of cattle occurred on or after 1 March 1993 and before 1 July 1994—57 cents;

 (iii) if the export of that head of cattle occurred on or after 1 July 1994 and before 1 July 1995—48 cents;

 (iv) if the export of that head of cattle occurs on or after 1 July 1995—40 cents or, if another amount (not exceeding $1.40) is prescribed by  the regulations, the other amount;

 (c) whichever of the following amounts is applicable, for the purpose of payment to the Meat Research Corporation:

 (i) if the export of that head of cattle occurred before 1 May 1991—10 cents;

 (ii) if the export of that head of cattle occurred on or after 1 May 1991 and before 1 March 1993—19 cents;

 (iii) if the export of that head of cattle occurred on or after 1 March 1993 and before 1 July 1994—17 cents;

 (iv) if the export of that head of cattle occurred on or after 1 July 1994 and before 1 July 1995—16 cents;

 (v) if the export of that head of cattle occurs on or after 1 July 1995—16 cents or, if another amount (not exceeding 40 cents) is prescribed by the regulations, the other amount;

 (d) whichever of the following amounts is applicable, for the purpose of payment to the National Cattle Disease Eradication Trust Account:

 (i) if the export of that head of cattle occurred before 1 December 1991—08 cents;

 (ii) if the export of that head of cattle occurs on or after 1 July 1995—such amount (not exceeding 20 cents) as is prescribed by the regulations;

 (e) if the export of that head of cattle occurred before 1 July 1993—12 cents, for the purposes of the National Residue Survey;

 (f) 5 cents or, if another amount (not more than 50 cents)  is prescribed by the regulations, the other amount, for the purpose of payment to the AAHC.

  (3) The rate of charge imposed by subsection 5(3) on the export of each head of cattle consists of the sum of the amounts referred to in the following paragraphs:

 (a) 8 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

 (b) $2.08 or, if another amount (not exceeding $6.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

 (c) 72 cents or, if another amount (not exceeding $2.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation;

 (d) 44 cents or, if another amount (not exceeding $4.00) is prescribed by the regulations, the other amount, for the purpose of payment to the National Cattle Disease Eradication Trust Account;

 (e) 5 cents or, if another amount (not more than 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the AAHC.

  (4) For the purposes of determining the amount of levy in respect of a cow with a calf at foot, the cow and calf constitute a single head of cattle to  which subsection (1) applies.

7  By whom charge payable

A charge on the export  of cattle from Australia is payable by the exporter of the cattle.

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 power of the Governor-General to make regulations prescribing an amount for the purposes of section 6 or 6A (other than paragraphs 6A(1)(d) and (f), (2)(d) and (f) and (3)(d) and (e)) is exercisable only after the Governor-General has taken into consideration any recommendations about the amount made to the Minister by the Meat Industry Council.

  (3) The Meat Industry Council must not make a recommendation to the Minister for the purposes of section 6 or section 6A (other than paragraphs (1)(d), (2)(d) and (3)(d)):

 (a) if a motion that the terms of the recommendation be endorsed has not been put before the last general meeting of the Australian meat and live-stock industry convened under section 22 of the Meat and Live-stock Industry Act 1995 before the making of that recommendation; or

 (b) if such a motion is so put and defeated.

 (4) The Meat Industry Council must, at the time of making a recommendation of the kind referred to in subsection (3) to the Minister, give the Minister written particulars of the voting in respect of the motion that the terms of  the recommendation be endorsed.

 (5) If a declaration is in force under subsection (6), the power of the Governor-General to make regulations prescribing an amount for the purposes of paragraph 6A(1)(f), (2)(f) or (3)(e) is exercisable only after the Governor-General has taken into consideration any recommendations about the amount made to the Minister by the body specified in the declaration.

 (6) The Minister may, by notice published in the Gazette, declare that the body specified in the declaration is the body whose recommendations about the amount to be prescribed for the purposes of paragraph 6A(1)(f), (2)(f) or (3)(e) are to be taken into consideration under subsection (5).

NOTES

1. The Cattle Export Charges Act 1990 as shown in this reprint comprises Act No. 142, 1990 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional provisions prior to 25 October 1996 is not included in this reprint.  For subsequent information see Table A.

Table of Acts

NOTES

Table of Amendments

TABLE A

Application, Saving or Transitional Provisions

Cattle Export Charges Amendment (AAHC) Act 1996 (No. 47, 1996)

7  Application

 The amendments made by items 2, 3 and 4 of this Schedule apply in relation to each export of a head of cattle from Australia (other than dairy cattle) on or after the first day of the month next following the end of the period of 30 days beginning on the day on which this Act commences.