LIVE-STOCK SLAUGHTER LEVY COLLECTION
AMENDMENT ACT 1976
No. 43 of 1976
An Act to amend the Live-stock Slaughter Levy Collection Act 1964-1974.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Live-stock Slaughter Levy Collection Amendment Act 1976.1
(2) The Live-stock Slaughter Levy Collection Act 1964-1974 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Live-stock Slaughter Levy Collection Act 1964-1976.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. After section 10 of the Principal Act the following sections are inserted:—
Establishment of National Cattle Disease Eradication Trust Account.
“10a. (1) There is hereby established an account to be known as the National Cattle Disease Eradication Trust Account.
“(2) The account established by sub-section (1) is a Trust Account for the purposes of section 62a of the Audit Act 1901-1975.
Payments into National Cattle Disease Eradication Trust Account.
“10b. (1) There shall be paid into the National Cattle Disease Eradication Trust Account—
(a) amounts equal to the amounts of levy received by the Commonwealth by virtue of paragraph 6(1)(d) of the Live-stock Slaughter Levy Act 1964-1976;
(b) amounts advanced out of the Consolidated Revenue Fund for the purposes of that Trust Account; and
(c) interest from the investment of moneys standing to the credit of that trust account.
“(2) Amounts payable into the National Cattle Disease Eradication Trust Account by virtue of paragraph (1)(a) are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
Application or National Cattle Disease Eradication Trust Account.
“10c. Moneys standing to the credit of the National Cattle Disease Eradication Trust Account may, with the approval of the Minister, be expended—
(a) in making payments to the States, and in meeting costs incurred by the Commonwealth, for the purpose of the eradication of any disease of cattle that is endemic in Australia; and
(b) in making payments to the Consolidated Revenue Fund in respect of advances referred to in paragraph 10b(1)(b) or in respect of any expenses connected with the eradication of any disease of cattle that is endemic in Australia that have been defrayed out of that Fund.”.
Formal amendments.
4. The Principal Act is amended as set out in the Schedule.
_________
SCHEDULE Section 4
FORMAL AMENDMENTS
1. The following provisions of the Principal Act are amended by omitting the word “Australia” (wherever occurring) and substituting the words “the Commonwealth”:—
Sections 7(1), (2), (4), (5), (6) and (7), 8(1), 9(2) and 16.
2. The Principal Act is further amended as set out in the following table:—
Provision | Omit— | Substitute— |
Section 2........... | section two | section 2 |
Section 4 (de-finition | Agriculture | Primary Industry |
of “the Secretary” | | |
Section 6........... | twenty-eight days | 28 days |
Section 7(6)......... | the last preceding sub-section | sub-section (5) |
Section 7(9)......... | sub-section (1) of section 9 | sub-section 9(1) |
Section 8(1)(c)....... | the next succeeding section | section 9 |
Section 8(2)......... | the last preceding sub-section | sub-section (1) |
Section 9(1)......... | ten per centum | 10% |
Section 9(2)......... | ten per centum | 10% |
Section 10(1)........ | the next succeeding section | section 11 |
Section 10(2)........ | the last preceding sub-section | sub-section (1) |
Section 10(4)(b)...... | thirty days | 30 days |
Section 10(5)........ | paragraph (c) of sub-section (1) of section | paragraph 6(1)(c), |
| six, paragraph (c) of sub-section (1) of | 6a(1)(c) or |
| section six a, or paragraph (c) of sub- | 6b(1)(c) |
| section (1) of section six b, | |
Section 12(1)........ | Three hundred dollars | $300 |
Section 12(2)........ | One hundred dollars | $100 |
Section 14(1)........ | Three hundred dollars | $300 |
Section 15(2)........ | One hundred dollars | $100 |
Section 16(e)........ | Two hundred dollars | $200 |
Overview
The Live-stock Slaughter Levy Collection Amendment Act 1976 was enacted by the Commonwealth Parliament to address gaps and improve the administration of the live-stock slaughter levy collection system as originally established under the Live-stock Slaughter Levy Collection Act 1964-1974. The 1976 Act amends the Principal Act to enhance the efficiency and transparency of the collection and utilisation of funds specifically for the eradication of cattle diseases endemic in Australia. One of the key changes introduced by this Act is the establishment of the National Cattle Disease Eradication Trust Account, through which collected levies, along with advances from the Consolidated Revenue Fund and investment interests, will be deposited and managed. This Trust Account aims to streamline the process of allocating funds towards disease eradication efforts and related expenses, with the approval of the Minister. Additionally, the Act incorporates formal amendments to clarify and refine the language and references within the Principal Act, ensuring consistency and precision in the legislative text.
Scope and Application
The Live-stock Slaughter Levy Collection Amendment Act 1976 is an amendment to the Live-stock Slaughter Levy Collection Act 1964-1974, and it applies to all levies collected under the Principal Act. The Act applies to persons or entities involved in the livestock slaughter industry within the Commonwealth of Australia. It includes levies on the slaughter of cattle, sheep, goats, pigs, and other livestock for meat production purposes, which are collected to fund the National Cattle Disease Eradication Trust Account. This trust account is specifically designated for the purpose of eradicating cattle diseases that are endemic in Australia. The funds are to be used in collaboration with the states to combat these diseases, and they may also be used to repay any advances made from the Consolidated Revenue Fund or to cover related expenses. The Act amends the Principal Act to refine and clarify certain provisions, ensuring precise application and interpretation of the levy collection process and the utilisation of collected funds.
The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia. There are no specific exclusions mentioned in the text, but it is understood that the Act applies to all entities involved in livestock slaughter within the Commonwealth. The Act does not specify any exemptions or thresholds, but it does provide for the establishment of a trust account to manage the collected funds efficiently. The application and scope of the Act may be further defined or extended through subordinate instruments, which could include regulations or guidelines issued by the relevant authorities to implement the provisions of the Act.
Key Provisions
The Live-stock Slaughter Levy Collection Amendment Act 1976 introduces several significant changes to the Live-stock Slaughter Levy Collection Act 1964-1974, which is now referred to as the Live-stock Slaughter Levy Collection Act 1964-1976. One of the main provisions introduced by this Act is the establishment of the National Cattle Disease Eradication Trust Account (section 10a). This Trust Account is designed to manage funds specifically for the eradication of cattle diseases endemic in Australia. Payments into this account are made from levy amounts collected under the Live-stock Slaughter Levy Act 1964-1976, advances from the Consolidated Revenue Fund, and interest earned on investments of the account's funds (section 10b). The funds in this account can only be expended with the approval of the Minister for purposes related to cattle disease eradication, including payments to the states and reimbursements to the Consolidated Revenue Fund for related expenses (section 10c).
The Act imposes several obligations on various parties involved in the collection and management of the levy. For instance, it mandates that certain levy amounts be paid into the newly established Trust Account (section 10b). Additionally, it places the responsibility of approving the expenditure of funds from this account on the Minister, ensuring that funds are only used for specified disease eradication purposes (section 10c). The Act also includes formal amendments to the Principal Act, making several technical adjustments to improve clarity and consistency in the legislation (Schedule).
There are no explicit offences, penalties, or civil/criminal consequences detailed in this Act for breaches of its provisions. However, the establishment of a Trust Account and the specific provisions regarding its use imply that any misuse of funds could potentially lead to legal repercussions. Given that the Trust Account is a public fund designated for specific purposes, unauthorized or improper use of these funds could result in significant legal consequences under general principles of public law and financial management. The absence of detailed penalties in the Act suggests that general laws governing public funds and mismanagement of public office may apply in such cases.