Live-stock Export Charge Act 1977

Live-stock Export Charge Act 1977

Consolidated to 7 April 1997

Contents

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

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

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

5 Imposition of charge.............................1

6 Exemption of live-stock from charge...................2

8 Rate of charge on export of sheep.....................2

9 Rate of charge on export of lambs.....................2

10 Rate of charge on export of buffaloes...................3

11 Rate of charge on export of goats.....................3

12 By whom charge payable..........................3

13 Regulations..................................3

An Act to Impose a Charge upon the Export of certain Live-stock           

1  Short title [see Note 1]

This Act may be cited as the Live-stock Export Charge Act 1977.

2  Commencement [see Note 1]

This Act shall come into operation on a date to be fixed by Proclamation.

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;

charge means charge imposed by this Act;

lamb means a sheep that has not cut a permanent incisor tooth;

live-stock means, sheep, lambs, buffaloes and goats;

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;

sheep does not include lambs.

 (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 charge

Subject to this Act, a charge is imposed on live-stock that is exported from Australia, being live-stock that is so exported on or after the date of commencement of this Act.

6  Exemption of live-stock from charge

Charge is not payable on the export of live-stock that is included in a class of live-stock that is, by notice published in the Gazette, declared by the Minister, or by a person authorized by the Minister, in writing, for the purposes of this section, to be a class of live-stock that is exempt from charge.

8  Rate of charge on export of sheep

The rate of charge on the export of each head of sheep consists of the sum of the amounts referred to in the following paragraphs:

  (a) 2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

  (b) 24.2 cents or, if another amount (not exceeding $1.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

  (c) 12.5 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 Research Corporation;

 (d) 0.33 cent or, if another amount (not more than 2 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the AAHC.

9  Rate of charge on export of lambs

The rate of charge on the export of each head of lambs consists of the sum of the amounts referred to in the following paragraphs:

  (a) 2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

  (b) 24.2 cents or, if another amount (not exceeding $1.30) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

  (c) 12.5 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 Research Corporation;

 (d) 0.33 cent or, if another amount (not more than 2 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the AAHC.

10  Rate of charge on export of buffaloes

The rate of charge on the export of each head of buffaloes consists of the sum of the amounts referred to in the following paragraphs:

  (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 Trust Account.

11  Rate of charge on export of goats

The rate of charge on the export of each head of goats consists of the sum of the amounts referred to in the following paragraphs:

  (a) 2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

  (b) 21.7 cents or, if another amount (not exceeding $1.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

  (c) 12.5 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 Research Corporation.

12  By whom charge payable

 (1) The charge on live-stock exported from Australia is payable by the producer of the live-stock.

 (2) In this section:

producer  includes a State and an authority of a State.

13  Regulations

 (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or 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 8 (other than paragraph (d)), section 9 (other than paragraph (d)) or section 11 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 8, 9 or 11:

  (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 8(d) or 9(d) 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 a body to be the body whose recommendations about the amount to be prescribed for the purposes of paragraph 8(d) or 9(d) are to be taken into consideration under subsection (5).

NOTE

1.  The Live-stock Export Charge Act 1977 as shown in this reprint comprises Act No. 68, 1977 amended as indicated in the Tables below.

Table of Acts

Table of Amendments