Live-stock Slaughter Levy Collection Amendment Act 1977

Overview

The Live-stock Slaughter Levy Collection Amendment Act 1977 was enacted by the Commonwealth Parliament to make amendments to the Live-stock Slaughter Levy Collection Act 1964. The Act was designed to address issues in the collection and management of levies related to livestock slaughter. The primary objective of the Act is to refine the mechanisms for levy collection, improve administrative efficiency, and ensure funds are appropriately allocated towards cattle disease eradication efforts. The Act repeals and substitutes certain sections of the Principal Act, introduces amendments to penalty amounts, and adjusts the conditions under which levies can be remitted or deducted from purchase prices. It also specifies how certain levy amounts should be directed into the National Cattle Disease Eradication Trust Account, thereby reinforcing the Act’s focus on disease control within the livestock industry.

Scope and Application

The Live-stock Slaughter Levy Collection Amendment Act 1977 amends the Live-stock Slaughter Levy Collection Act 1964, primarily affecting entities involved in the slaughter of livestock and those responsible for levy collection. This Act applies to the Commonwealth of Australia and binds the Crown in right of a State, thereby extending its reach across state borders within the national framework. It specifically targets individuals or entities involved in the livestock slaughter industry, including those who are responsible for levy collection and payment. The Act does not explicitly state any exclusions or exemptions but implies that it applies broadly to all entities within the scope of the livestock slaughter industry, unless otherwise specified in subordinate instruments. These subordinate instruments may extend or restrict the application of the Act to specific circumstances or categories, thereby shaping its practical implementation.

Key Provisions

The Live-stock Slaughter Levy Collection Amendment Act 1977 amends the Live-stock Slaughter Levy Collection Act 1964. The main changes introduced by this Act include modifications to the levy remission, the deduction of levy from purchase prices, and the payment of levies into the National Cattle Disease Eradication Trust Account. Firstly, section 4 of the Act replaces the previous definition of “levy” and clarifies that this Act binds the Crown in right of a State (sections 4 and 5). Secondly, section 9 of the Principal Act is amended to allow the Minister or an authorised person to remit the whole or a part of the levy amount, with a maximum remission of $100 by an authorised person (section 4(3) and (4)). Section 10 of the Principal Act is repealed, but continues to apply to contracts that were subject to it immediately before the repeal took effect (section 5(2)). Thirdly, section 10b of the Principal Act is amended to include additional charges received by the Commonwealth under the Live-stock Export Charge Act 1977 (section 6(a), (b) and (c)). Sections 11, 12 and 13 of the Principal Act are repealed, although section 13 continues to apply to proceedings instituted on or after the repeal (section 7(2)). Furthermore, the penalty for accessing books without authorisation is increased from $100 to $200 (section 8), and the authority to make regulations is transferred from the Secretary to prescribed persons (section 9). The Act imposes several obligations on the parties and entities it governs. Firstly, it mandates that the Crown in right of a State is bound by the provisions of the Act. Secondly, it requires the Minister or an authorised person to consider whether to remit the whole or a part of the levy amount for sufficient reasons. Thirdly, it specifies that certain contracts remain subject to the repealed provisions of the Principal Act until a specified date. Fourthly, it requires that additional charges be paid into the National Cattle Disease Eradication Trust Account. Lastly, it increases the penalty for accessing books without authorisation and transfers the authority to make regulations to prescribed persons. The Act also establishes consequences for non-compliance. The most notable consequence is the financial penalty for accessing books without authorisation, which is increased from $100 to $200 (section 8). Additionally, the Act allows for the remission of the levy amount by the Minister or an authorised person, with a maximum remission of $100 by an authorised person (section 4(3) and (4)). Any failure to comply with these provisions could result in legal action, fines, or other penalties as determined by the courts.