Pig Slaughter Levy Act 1971

Pig Slaughter Levy Act 1971

Act No. 28 of 1971 as amended

Consolidated as in force on

(includes amendments up to Act No.

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................2

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

4 Interpretation.................................2

5 Imposition of levy..............................3

6 Rate of the levy................................3

7 By whom levy payable...........................4

8 Regulations..................................4

Do not delete : Chapter placeholder

 An Act to impose a Levy on the Slaughter of certain Pigs

Do not delete : Part placeholder

Do not delete : Division placeholder

1  Short title [see Note 1]

This Act may be cited as the Pig Slaughter Levy Act 1971.

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.

Corporation means the Australian Pork Corporation referred to in the Pig Industry Act 1986;

levy means an amount of the levy;

 R&D authority means:

 (a) where the levy is not attached to an R & D Corporation or R & D Fund under section 5 of the Primary Industries and Energy Research and Development Act 1989—the Pig Research Council established under subsection 11(1) of the Rural Industries Research Act 1985; or

 (b) where the levy is attached to an R & D Corporation under section 5 of the Primary Industries and Energy Research and Development Act 1989—the R & D Corporation; or

 (c) where the levy is attached to an R & D Fund under section 5 of that Act—the R & D Council in respect of which the R & D Fund is established under that Act;

R&D Corporation has the same meaning as in the Primary Industries and Energy Research and Development Act 1989;

R&D Council has the same meaning as in the  Primary Industries and Energy Research and Development Act 1989;

R&D Fund has the same meaning as in the  Primary Industries and Energy Research and Development Act 1989;

the levy means the levy imposed by this Act.

 (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 levy

A levy is imposed on the slaughter at an abattoir of pigs for sale for human consumption, whether or not the carcasses are subsequently used for human consumption.

6  Rate of the levy

 (1) The rate of the levy in respect of pigs slaughtered on or after 1 July 1975 is an amount in respect of each pig slaughtered equal to the aggregate of:

 (a) such amount (not exceeding $1) as is prescribed for the purposes of this paragraph;

 (b) such amount (not exceeding $2.50) as is prescribed for the purposes of this paragraph; and

 (c) such amount, not more than 50 cents, as is prescribed (for the purpose of payment to the AAHC).

 (2) Before making regulations prescribing an amount for the purposes of paragraph (a) of subsection (1), the Governor-General shall take into consideration any recommendation with respect to the amount to be prescribed for the purposes of that paragraph made to the Minister by the R & D authority, and regulations shall not be made prescribing an amount for the purposes of that paragraph that is greater than the amount last recommended by that authority to the Minister.

 (3) Before making regulations prescribing an amount for the purposes of paragraph (b) of subsection (1), the Governor-General shall take into consideration any recommendation with respect to the amount to be prescribed for the purposes of that paragraph made to the Minister by the Corporation, and regulations shall not be made prescribing an amount for the purposes of that paragraph that is greater than the amount last recommended by the Corporation to the Minister.

 (4) If a declaration is in force under subsection (5), the Governor‑General must, before making regulations prescribing an amount for the purpose of paragraph (1)(c), take into consideration any recommendations about the amount to be prescribed made to the Minister by the body specified in the declaration. The regulations must not prescribe an amount greater than the amount last recommended to the Minister by the body specified in the declaration.

 (5) The Minister may, by notice published in the Gazette, declare a body specified in the notice to be the body representing the Australian pig slaughter industry for the purposes of this section.

7  By whom levy payable

Levy on the slaughter of a pig is payable by the producer.

8  Regulations

The Governor-General may make regulations for the purpose of section 6.

NOTE

1.  The Pig Slaughter Levy Act 1971  as shown in this reprint comprises Act No. 28, 1971 amended as indicated in the tables below.

Table of Acts

(a) The Pig Slaughter Levy Act 1971 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2 (1) of which provides as follows:

 “(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.”

Table of Amendments