Cattle Export Charges Amendment
(AAHC) Act 1996
No. 47, 1996
An Act to amend the Cattle Export Charges Act 1990, and for related purposes
Contents | |
1 | Short title.............................................. | 1485 |
2 | Commencement.......................................... | 1485 |
3 | Schedule(s)............................................. | 1486 |
Schedule 1—Amendment of the Cattle Export Charges Act 1990 | 1487 |
Cattle Export Charges Amendment
(AAHC) Act 1996
An Act to amend the Cattle Export Charges Act 1990, and for related purposes
[Assented to 25 October 1996]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Cattle Export Charges Amendment (AAHC) Act 1996.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Cattle Export Charges Act 1990
1 Subsection 4(1)
Insert:
AAHC means the Australian Animal Health Council Limited, A.C.N. 071-890-956.
2 At the end of subsection 6A(1)
Add:
; (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 At the end of subsection 6A(2)
Add:
; (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.
4 At the end of subsection 6A(3)
Add:
; (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.
5 Subsection 8(2)
Repeal the subsection, substitute:
(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)) i exercisable only after the Governor-General has taken into consideration any recommendations about the amount made to the Minister by the Meat Industry Council.
6 At the end of section 8
Add:
(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).
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.
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[Minister’s second reading speech made in—
House of Representatives on 26 June 1996 Senate on 19 September 1996]
Overview
The Cattle Export Charges Amendment (AAHC) Act 1996 was enacted by the Parliament of Australia to amend the Cattle Export Charges Act 1990. The Act introduces changes to the cattle export charges structure, specifically to account for payments to the Australian Animal Health Council (AAHC). It was designed to address the need for a more structured and regulated approach to the distribution of export charges, ensuring that funds are directed appropriately to support animal health initiatives. The policy objective behind the Act is to ensure that cattle export charges are allocated effectively, reflecting the responsibilities and recommendations of relevant bodies like the AAHC. The Act commenced on the day it received Royal Assent, which was 25 October 1996.
Scope and Application
The Cattle Export Charges Amendment (AAHC) Act 1996 amends the Cattle Export Charges Act 1990 to introduce additional charges for cattle exports to be directed to the Australian Animal Health Council Limited (AAHC). This Act applies to cattle exports from Australia, excluding dairy cattle, and imposes a charge of 5 cents per head or an amount prescribed by regulations, up to a maximum of 50 cents, for each export. The amendments apply to exports occurring from the first day of the month next following the end of the 30-day period after the Act receives Royal Assent. The Act allows the Governor-General to make regulations regarding the prescribed amount, subject to recommendations from the Meat Industry Council, except for the charges directed to the AAHC, for which the Minister can specify a different body to make recommendations. This legislative framework ensures that certain export charges are channelled towards the AAHC, potentially for animal health-related activities, while maintaining a regulatory process that considers industry input.
Key Provisions
The Cattle Export Charges Amendment (AAHC) Act 1996 amends the Cattle Export Charges Act 1990 to introduce additional charges for cattle exports. Specifically, the Act mandates the imposition of a charge of 5 cents, or another prescribed amount not exceeding 50 cents, for each head of cattle exported from Australia (excluding dairy cattle). This charge is intended to be paid to the Australian Animal Health Council Limited (AAHC) (section 1 of Schedule 1). The amendments apply to cattle exported from Australia on or after the first day of the month following a 30-day period from the date the Act receives Royal Assent (section 7).
The Act imposes specific obligations on the parties involved. It requires the inclusion of a charge for the AAHC in the export charge levied on cattle exports (subsections 4(1), 6A(1), and 6A(2) of Schedule 1). The Act also modifies the regulatory framework by requiring the Governor-General to consider recommendations from the Meat Industry Council before prescribing certain amounts for the charges, except for those intended for the AAHC (subsection 8(2) and (5) of Schedule 1). Additionally, the Minister is empowered to declare a specific body, other than the Meat Industry Council, whose recommendations should be considered for charges intended for the AAHC (subsection 8(6) of Schedule 1).
Breaches of the Act or regulations made under it can lead to various legal consequences. While the specific penalties for non-compliance are not detailed within the provided excerpt of the Act, breaches of legislation of this nature can generally result in civil or criminal penalties, depending on the severity and intent behind the breach. Civil penalties could include fines, while criminal penalties might involve imprisonment, reflecting the seriousness of non-compliance with export charge regulations.