National Cattle Disease Eradication Trust Account Amendment Act 1995
No. 78 of 1995
An Act to amend the National Cattle Disease Eradication Trust Account Act 1991
[Assented to 30 June 1995]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the National Cattle Disease Eradication Trust Account Amendment Act 1995.
(2) In this Act, "Principal Act" means the National Cattle Disease Eradication Trust Account Act 1991.
Commencement
2.(1) Subject to subsection (2), this Act commences, or is taken to have commenced, on 1 July 1995.
(2) The amendment made by item 1 in the Schedule is taken to have come into effect on 1 July 1991.
Amendments of Principal Act
3. The Principal Act is amended as set out in the Schedule.
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SCHEDULE Section 3
AMENDMENTS OF THE PRINCIPAL ACT
1. Paragraph 5(1)(a):
Omit, substitute:
"(a) amounts equal to the amounts of levy received by the Commonwealth (whether before or after the commencement of this paragraph) because of paragraphs 6(1)(d), 6C(1)(d), 6E(1)(d) and 6F(1)(d) of the Live-stock Slaughter Levy Act 1964 as in force at any time before 1 July 1995;".
2. Paragraph 5(1)(b):
Omit, substitute:
"(aa) amounts equal to the amounts of levy received by the Commonwealth because of paragraph 6C(b) of the Live-stock Slaughter Levy Act 1964 as in force at any time on or after 1 July 1995; and
(b) amounts equal to the amounts of charge received by the Commonwealth (whether before or after the commencement of this paragraph) because of paragraphs 7(1)(c) and 10(1)(c) of the Live-stock Export Charge Act 1977 as in force at any time before 1 July 1995; and
(ba) amounts equal to the amounts of charge received by the Commonwealth because of paragraph 10(b) of the Live-stock Export Charge Act 1977 as in force at any time on or after 1 July 1995; and
(bb) amounts equal to the amounts of levy received by the Commonwealth (whether before or after the commencement of this paragraph) because of paragraphs 6(1)(c) and (2)(c) of the Cattle Transaction Levy Act 1990; and
(be) amounts equal to the amounts of levy received by the Commonwealth because of paragraphs 5(1)(d) and (2)(d) of the Cattle Transaction Levy Act 1995; and
(bd) amounts equal to the amounts of charge received by the Commonwealth because of paragraphs 6A(1)(d), (2)(d) and (3)(d) of the Cattle Export Charges Act 1990; and".
SCHEDULE—continued
3. Subsection 5(2):
Omit "(a) and (b)", substitute "(a), (aa), (b), (ba), (bb), (be) and (bd)".
[Minister's second reading speech made in—
House of Representatives on 7 June 1995
Senate on 20 June 1995]
Overview
The National Cattle Disease Eradication Trust Account Amendment Act 1995 was enacted by the Parliament of Australia to address gaps and issues identified in the original National Cattle Disease Eradication Trust Account Act 1991. This amendment Act was introduced to update and refine the mechanisms through which funds are directed into the Trust Account, ensuring that the account receives appropriate contributions from various levies and charges related to livestock. The policy objective is to maintain and enhance the effectiveness of the Trust Account in supporting cattle disease eradication programs, thereby protecting the health and productivity of the Australian cattle industry.
The Act amends the original Principal Act by adjusting the sources of funds that contribute to the Trust Account. It specifically modifies the categories of levies and charges from which the account is replenished, ensuring alignment with current legislative frameworks such as the Livestock Slaughter Levy Act 1964, the Livestock Export Charge Act 1977, and the Cattle Transaction Levy Act 1990. This ensures that the Trust Account continues to receive the necessary funding to support disease eradication efforts effectively.
Scope and Application
The National Cattle Disease Eradication Trust Account Amendment Act 1995 amends the National Cattle Disease Eradication Trust Account Act 1991, which is designed to support the eradication of specific cattle diseases in Australia. This Act applies to the Trust Account established under the Principal Act, which is responsible for managing funds collected for the eradication of cattle diseases. The funds involved include levies and charges collected from entities such as the Commonwealth under various other Acts such as the Livestock Slaughter Levy Act 1964, the Livestock Export Charge Act 1977, the Cattle Transaction Levy Act 1990, and the Cattle Transaction Levy Act 1995, as well as the Cattle Export Charges Act 1990. These levies and charges are directed towards specific disease eradication efforts and the maintenance of the Trust Account.
The jurisdictional reach of this Act is national, given its purpose to amend a Commonwealth Act. There are no specific exclusions or exemptions mentioned in the text, but the scope of the amendments suggests a targeted application to entities involved in the collection and management of specified levies and charges. The Act extends its application through the references to subordinate Acts, which are integral to the Trust Account's funding mechanisms.
Key Provisions
The National Cattle Disease Eradication Trust Account Amendment Act 1995 amends the National Cattle Disease Eradication Trust Account Act 1991. The main operative sections of the Act, as set out in the Schedule, revise the sources of funds to be credited to the Trust Account. Specifically, Section 3 amends the Principal Act by substituting new subparagraphs under paragraph 5(1) to reflect the updated sources of levy and charge funds (Schedule, items 1 and 2). Additionally, subsection 5(2) is amended to include the new subparagraphs in the list of applicable subparagraphs (Schedule, item 3). These changes ensure that the Trust Account receives funds from specified paragraphs of the Livestock Slaughter Levy Act 1964, the Livestock Export Charge Act 1977, the Cattle Transaction Levy Act 1990, the Cattle Transaction Levy Act 1995, and the Cattle Export Charges Act 1990.
The Act imposes specific obligations on the entities involved, particularly the Commonwealth, to ensure the correct identification and allocation of funds from the amended legislative provisions to the Trust Account. The Commonwealth must now account for levies and charges as specified in the updated subparagraphs under paragraph 5(1) of the Principal Act. This includes levies and charges received before and after the commencement of the Amendment Act, as outlined in the Schedule. The amendments require meticulous record-keeping and reporting to ensure compliance with the updated legislative framework.
Breaches of the obligations outlined in the Act may result in administrative, civil, or criminal consequences, although the specific penalties are not detailed in the text provided. Typically, non-compliance with such legislative requirements could lead to financial penalties, legal action, or other enforcement measures. The maximum penalties for such breaches, if applicable, would be determined according to the relevant Acts and regulations governing the Trust Account and associated levies and charges. It is important for entities involved to adhere strictly to the updated provisions to avoid potential legal repercussions.