Cattle Transaction Levy Amendment
(AAHC) Act 1996
No. 48, 1996
An Act to amend the Cattle Transaction Levy Act
1995, and for related purposes
Contents | | |
1 | Short title................................................ | 1491 |
2 | Commencement........................................... | 1491 |
3 | Schedule(s)............................................... | 1492 |
Schedule 1—Amendment of the Cattle Transaction Levy Act 1995 | 1493 |
Cattle Transaction Levy Amendment
(AAHC) Act 1996
No. 48, 1996
An Act to amend the Cattle Transaction Levy Act 1995, 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 Transaction Levy 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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 Transaction Levy Act 1995
1 Subsection 3(1)
Insert:
AAHC means the Australian Animal Health Council Limited, A.C.N. 071-890-956.
2 At the end of subsection 5(1)
Add:
; (f) 5 cents or, if another amount (not more than 50 cents) is prescribed, the other amount, for the purpose of payment to the AAHC.
3 At the end of subsection 5(2)
Add:
; (f) 5 cents or, if another amount (not more than 50 cents) is prescribed, the other amount, for the purpose of payment to the AAHC.
4 Subsection 7(2)
Repeal the subsection, substitute:
(2) The power of the Governor-General to make regulations prescribing an amount for the purposes of subsection 5(1) (other than paragraphs (d) and (f)) or subsection 5(2) (other than paragraphs (d) and (f)) 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.
5 At the end of section 7
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 5(1)(f) or 5(2)(f) 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 in the Gazette, declare that a body specified in the notice is the body whose recommendations about the amount to be prescribed for the purposes of paragraph 5(1)(f) or 5(2)(f) are to be taken into consideration under subsection (5).
6 Application
The amendments made by items 2 and 3 apply in relation to a leviable dealing that occurred 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 Transaction Levy Amendment (AAHC) Act 1996 was enacted by the Parliament of Australia to amend the Cattle Transaction Levy Act 1995. The principal objective of this amendment was to introduce a levy specifically for the Australian Animal Health Council Limited (AAHC), which would be used for purposes related to animal health. This Act ensures that a portion of the cattle transaction levy is directed towards the AAHC, thereby supporting the council's initiatives and activities aimed at maintaining and improving animal health standards across the industry. The Act also provides a framework for the Governor-General to consider recommendations from the Meat Industry Council before prescribing certain amounts for the levy, ensuring a balanced and considered approach to levy regulation.
Scope and Application
The Cattle Transaction Levy Amendment (AAHC) Act 1996 amends the Cattle Transaction Levy Act 1995, with a primary focus on the levy imposed on cattle transactions for the benefit of the Australian Animal Health Council (AAHC). The Act applies to all entities involved in cattle transactions, ensuring that a specific amount is collected for the AAHC. This amount is prescribed by regulation and can be adjusted to a maximum of 50 cents per transaction. The application of this amendment extends to any leviable dealing occurring from the first day of the month following the 30-day period after the Act's commencement. The legislative amendment also restricts the power of the Governor-General to make regulations on the levy amount, mandating consideration of recommendations from the Meat Industry Council for certain purposes and allowing the Minister to designate another body for recommendations regarding the AAHC levy amount. This Act has a national reach, affecting cattle transactions across Australia.
Key Provisions
The Cattle Transaction Levy Amendment (AAHC) Act 1996 primarily amends the Cattle Transaction Levy Act 1995 to introduce specific provisions for the Australian Animal Health Council (AAHC). According to section 1, this Act may be cited as the Cattle Transaction Levy Amendment (AAHC) Act 1996. The Act came into effect on the day of Royal Assent, as indicated in section 2. The legislative changes are detailed in Schedule 1, which outlines amendments to the Cattle Transaction Levy Act 1995.
The key amendments introduced by the Act include the insertion of a new definition for "AAHC" (section 1 of Schedule 1). Sections 2 and 3 of Schedule 1 add a new levy component of 5 cents, or another prescribed amount not exceeding 50 cents, to be paid to the AAHC. These additions are to be made at the end of subsections 5(1) and 5(2) of the Cattle Transaction Levy Act 1995. Additionally, section 4 of Schedule 1 modifies subsection 7(2) of the original Act by stipulating that the Governor-General must consider recommendations from the Meat Industry Council before prescribing an amount for the levy, except for the components related to the AAHC.
Furthermore, section 5 of Schedule 1 introduces a new subsection 7(5) that requires the Governor-General to take into account recommendations from a specified body when prescribing amounts for the AAHC levy, if a declaration under subsection 7(6) is in effect. This subsection 7(6) empowers the Minister to declare, via a notice in the Gazette, that a specified body’s recommendations are to be considered. The application of the amendments specified in sections 2 and 3 of Schedule 1 is retroactive to leviable dealings that occurred from the first day of the month following 30 days after the Act's commencement.
The Act imposes several obligations on parties involved in cattle transactions. Firstly, it mandates the inclusion of an additional levy component payable to the AAHC in all relevant transactions. Secondly, it requires the Governor-General to consider recommendations from the Meat Industry Council and any specified body when setting the amounts for the levy, except for the AAHC component. The Minister also has the responsibility to declare, via Gazette notice, which body's recommendations should be considered for the AAHC levy.
Breaches of the provisions outlined in this Act may result in civil or criminal consequences, depending on the severity and intent of the violation. While the Act does not explicitly state the penalties, the Cattle Transaction Levy Act 1995, which this Act amends, generally includes provisions for fines and other penalties for non-compliance. Under the original Act, penalties could include fines up to a certain amount for individuals and higher for corporations, reflecting the seriousness of the breach. Given the amendments, any failure to comply with the new levy requirements or the procedural obligations placed on the Governor-General and the Minister could similarly incur penalties as stipulated in the underlying Act.