Live-stock Export Charge Collection Act 1977

Legislation au C2004A01707 Not in force Act

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LIVE-STOCK EXPORT CHARGE COLLECTION ACT 1977

No. 69 of 1977

An Act to make provision for the Collection of the Charge imposed by the Live-Stock Export Charge Act 1977.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

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

Commencement.

2. This Act shall come into operation on the date fixed by Proclamation under section 2 of the Live-stock Export Charge Act 1977.

Interpretation.

3. In this Act, unless the contrary intention appears—

“authorized person” means—

(a) a person appointed by the Minister, in writing, to be an authorized person for the purposes of this Act; or

(b) a person included in a class of persons appointed by the Minister, in writing, to be authorized persons for the purposes of this Act;

“charge” means the charge imposed by the Live-stock Export Charge Act 1977;

“Charge Act” means the Live-stock Export Charge Act 1977.

Due date for payment.

4. The amount of the charge on live-stock exported from Australia is due for payment upon the expiration of 28 days after the last day of the month in which the live-stock is exported.

Recovery of charge.

5. The following amounts may be recovered by the Commonwealth as debts due to the Commonwealth:—

(a) an amount of charge that is due for payment; and

(b) an amount payable by way of penalty under section 6.

Penalty for non-payment.

6. (1) Where the liability of a person to pay any charge is not discharged on or before the date on which the charge is due for payment, there is payable by that person to the Commonwealth by way of penalty, in addition to that charge, an amount calculated at the rate of 10 per cent per annum upon that charge or upon that part of that charge from time to time remaining unpaid, to be computed from the time when that charge became due for payment.

(2) The Minister or, subject to sub-section (3), an authorized person may, in a particular case, for a reason that the Minister or the authorized person, as the case may be, in his discretion, thinks sufficient, remit the whole or a part of an amount payable under this section.

(3) A remission granted under sub-section (2) by an authorized person shall not exceed $100.

Offences relating to returns, &c.

7. A person shall not—

(a) fail or neglect duly to furnish a return or information that he is required under the regulations to furnish; or

(b) furnish, in pursuance of the regulations, a return or information that is false or misleading in a material particular.

Penalty: $300.

Access to premises.

8. (1) An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.

(2) Where an authorized person has reason to believe that there are on any premises (including premises of, or occupied by, a State or an authority of a State) books, documents or papers relating to the export of live-stock in respect of which charge is, or may be, payable, the authorized person may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purposes of exercising the functions of an authorized person under this section.

(3) If, on an application under sub-section (2), the Justice of the Peace is satisfied, by information on oath or affirmation—

(a) that there is reasonable ground for believing that there are on the premises to which the application relates any books, documents or papers relating to the export of live-stock in respect of which charge is, or may be, payable; and

(b) that the issue of the warrant is reasonably required for the purposes of this Act,

the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as he thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.

(4) Where an authorized person has entered any premises in pursuance of sub-section (1) or in pursuance of a warrant granted under sub-section (3), he may exercise the functions of an authorized person under this section.

(5) A person shall not, without reasonable excuse, obstruct or hinder an authorized person acting in pursuance of a warrant granted under sub-section (3) or in pursuance of sub-section (4).

Penalty: $200.

(6) The functions of an authorized person under this section are to search for, inspect, take extracts from and make copies of any books, documents or papers relating to the export of live-stock in respect of which charge is, or may be, payable.

Regulations.

9. 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 or for facilitating the collection or recovery of any debt due to the Commonwealth under this Act and, in particular—

(a) providing for the manner of payment of charge and other moneys payable to the Commonwealth under this Act;

(b) providing for the remission or refund of charge in specified circumstances;

(c) requiring exporters and other persons to keep records relating to the export of live-stock;

(d) requiring exporters and other persons to furnish returns or information relating to the export of live-stock to such persons as are prescribed;

(e) prescribing the form of warrant for the purpose of section 8; and

(f) prescribing penalties, not exceeding a fine of $200 for offences against the regulations.

 

Overview

The Live-stock Export Charge Collection Act 1977 was enacted by the Parliament of Australia to facilitate the collection of the charge imposed by the Live-stock Export Charge Act 1977. This Act establishes the mechanisms for the timely collection of charges related to the export of live-stock from Australia, thereby ensuring that the Commonwealth receives the stipulated fees for such activities. The policy objective behind this legislation is to provide a structured and enforceable framework for the collection of these charges, thereby maintaining a consistent revenue stream for the government while also ensuring compliance by those exporting live-stock. Through this Act, authorised persons are granted the authority to access premises and documents, enforce penalties for non-payment, and facilitate the overall collection process.

Scope and Application

The Live-stock Export Charge Collection Act 1977 applies to individuals and entities engaged in the export of live-stock from Australia, specifically targeting those who are liable to pay the charge imposed under the Live-stock Export Charge Act 1977. This Act is in force at the Commonwealth level and governs the collection of the charge on live-stock exported from Australia. It encompasses the processes for determining the due date for payment of the charge, the recovery of the charge as debts due to the Commonwealth, and the imposition of penalties for non-payment. Additionally, the Act includes provisions for the remission of penalties and charges in certain circumstances, subject to ministerial discretion and limitations. The Act also mandates compliance with regulations concerning the export of live-stock, including record-keeping and reporting obligations, and allows for authorized persons to enter and inspect premises related to the export of live-stock. Subordinate legislation may extend or restrict the application of the Act through regulations that are not inconsistent with the Act and cover various aspects of charge collection and enforcement. The scope of the Live-stock Export Charge Collection Act 1977 is primarily jurisdictional, applying to all entities involved in the export of live-stock from Australia. This includes exporters, their agents, and any other persons or entities that may be liable for the charge. The Act does not specify exclusions or exemptions, but the application of charges and penalties is contingent on the existence of a liability under the Live-stock Export Charge Act 1977. The Act provides for the recovery of charges as debts and the imposition of penalties for non-compliance, with specific provisions for the remission of penalties and charges. The Governor-General has the authority to make regulations necessary for carrying out the Act, which include prescribing the manner of payment, the form of warrants, and the imposition of penalties for offences against the regulations. The Act's application can be extended or restricted through subordinate instruments, ensuring its flexibility and adaptability to the evolving nature of the live-stock export industry.

Key Provisions

The Live-stock Export Charge Collection Act 1977 (the "Act") sets out the mechanisms for collecting the charge imposed by the Live-stock Export Charge Act 1977 (the "Charge Act"). The due date for payment of the charge is established in section 4, which stipulates that the charge on livestock exported from Australia is due 28 days after the last day of the month in which the livestock is exported. Section 5 allows the Commonwealth to recover the charge, as well as any penalty amounts, as debts due to the Commonwealth. The Act imposes specific obligations on the parties involved. Exporters and other relevant persons must furnish returns or information relating to the export of livestock to the prescribed persons, as required by regulations under section 9. They must also keep records as stipulated by the regulations. Authorized persons, who can be either appointed by the Minister or included in a class of persons so appointed, have the authority to enter premises with consent or a warrant to inspect relevant books, documents, or papers, as outlined in section 8. Breaches of the Act carry specific penalties. Failure to furnish a required return or information, or furnishing false or misleading information, is an offence under section 7, with a penalty of $300. Obstruction of an authorized person exercising their functions under a warrant is also an offence, with a penalty of $200. Furthermore, where a person fails to pay the charge by the due date, a penalty of 10% per annum on the unpaid amount accrues, as described in section 6. The Minister or an authorized person may remit the whole or part of this penalty, though any remission by an authorized person cannot exceed $100.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.