LIVE-STOCK SLAUGHTER LEVY AMENDMENT ACT 1977

No. 70 of 1977

An Act to amend the Live-stock Slaughter Levy Act 1964.

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

Short title, &c.

1. (1) This Act may be cited as the Live-stock Slaughter Levy Amendment Act 1977.

(2) The Live-stock Slaughter Levy Act 1964 is in this Act referred to as the Principal Act.

Commencement.

2. (1) Subject to sub-section (2), this Act shall come into operation on a date to be fixed by Proclamation.

(2) Sections 1, 2, 4 and 9 and sub-sections 5(1), 6(1) and 7(1) shall come into operation on the day on which this Act receives the Royal Assent.

Interpretation.

3. Section 4 of the Principal Act is amended—

(a) by omitting the definition of “cattle” and substituting the following definitions:—

“‘cattle’ means bovine animals other than buffaloes;

“‘Corporation’ means the Australian Meat and Live-stock Corporation established by section 6 of the Australian Meat and Live-stock Corporation Act 1977;

“‘dressed weight’, in relation to a carcase, means the weight of the carcase immediately after it has been dressed;

“‘Exporter and Abattoir Consultative Group’ means the Meat and Live-stock Exporters and Abattoir Operators Consultative Group established by section 41 of the Australian Meat and Live-stock Corporation Act 1977;”;

(b) by omitting the definition of “live-stock” and substituting the following definitions:—

“‘live-stock’ means cattle, sheep, lambs, buffaloes and goats;

“‘Producer Consultative Group’ means the Live-stock Producers Consultative Group established by section 41 of the Australian Meat and Live-stock Corporation Act 1977”;

(c) by omitting the definition of “the Board”; and

(d) by adding at the end thereof the following sub-section:—

“(2) In ascertaining the weight of a carcase immediately after it has been dressed, no adjustment of that weight shall be made on account of shrinkage.

Imposition of levy.

4. Section 5 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (2) the word “or” (last occurring); and

(b) by adding after paragraph (b) the following word and paragraph:—

“; or (c) on the slaughter of live-stock for consumption by the owner of that live-stock, by members of his family or by his employees.”.

Rate of levy on slaughter of cattle.

5. (1) Section 6 of the Principal Act is amended by omitting from paragraph (c) of sub-section (1) the words “and on or before 30 June 1977”.

(2) Section 6 of the Principal Act is further amended—

(a) by omitting from paragraph (c) of sub-section (1) the words “1 cent per head of cattle slaughtered” and substituting the words “such amount per head of cattle slaughtered, not exceeding 1 cent per head of cattle slaughtered, as is prescribed for the purposes of this paragraph”;

(b) by omitting from paragraph (d) of sub-section (1) the words “$1.00 per head of cattle slaughtered” and substituting the words “such amount per head of cattle slaughtered, not exceeding $1.00 per head of cattle slaughtered, as is prescribed for the purposes of this paragraph”; and

(c) by omitting from sub-section (2) the words “and (b) and the amount specified in paragraph (1)(c)” and substituting the words “, (b) and (c)”.

Rate of levy on slaughter of sheep.

6. (1) Section 6a of the Principal Act is amended by omitting from paragraph (c) of sub-section (1) the words “and on or before 30 June 1977”.

(2) Section 6a of the Principal Act is further amended—

(a) by omitting from paragraph (c) of sub-section (1) the words “0.1 cent per head of sheep slaughtered” and substituting the words “such amount per head of sheep slaughtered, not exceeding 0.1 cent per head of sheep slaughtered, as is prescribed for the purposes of this paragraph”; and

(b) by omitting from sub-section (2) the words “and (b) and the amount specified in paragraph (1)(c)” and substituting the words “, (b) and (c)”.

Rate of levy on slaughter of lambs.

7. (1) Section 6b of the Principal Act is amended by omitting from paragraph (c) of sub-section (1) the words “and on or before 30 June 1977”.

(2) Section 6b of the Principal Act is further amended—

(a) by omitting from paragraph (c) of sub-section (1) the words “0.1 cent per head of lambs slaughtered” and substituting the words “such amount per head of lambs slaughtered, not exceeding 0.1 cent per head of lambs slaughtered, as is prescribed for the purposes of this paragraph”; and

(b) by omitting from sub-section (2) the words “and (b) and the amount specified in paragraph (1)(c)” and substituting the words “, (b) and (c)”.

8. After section 6b of the Principal Act the following sections are inserted:—

Rate of levy on slaughter of buffaloes.

“6c. (1) The rate of levy on the slaughter of live-stock being buffaloes shall consist of the sum of the amounts per head of buffaloes slaughtered that are referred to in the following paragraphs:—

(a) such amount per head of buffaloes slaughtered as is prescribed for the purposes of this paragraph;

(b) such amount per head of buffaloes slaughtered as is prescribed for the purposes of this paragraph;

(c) such amount per head of buffaloes slaughtered, not exceeding 1 cent per head of buffaloes slaughtered, as is prescribed for the purposes of this paragraph; and

(d) such amount per head of buffaloes slaughtered, not exceeding $1.00 per head of buffaloes slaughtered, as is prescribed for the purposes of this paragraph.

“(2) The amount that is prescribed from time to time for the purposes of paragraph (1)(b) shall not exceed 25 cents and the total of the amounts that are prescribed from time to time for the purposes of paragraphs (1)(a), (b) and (c) shall not exceed 75 cents.

Rate of levy on slaughter of goats.

“6d. (1) The rate of levy on the slaughter of live-stock being goats shall consist of the sum of the amounts per head of goats slaughtered that are referred to in the following paragraphs:—

(a) such amount per head of goats slaughtered as is prescribed for the purposes of this paragraph;

(b) such amount per head of goats slaughtered as is prescribed for the purposes of this paragraph; and

(c) such amount per head of goats slaughtered, not exceeding 0.1 cent per head of goats slaughtered, as is prescribed for the purposes of this paragraph.

“(2) The amount that is prescribed from time to time for the purposes of paragraph (1)(b) shall not exceed 3⅓ cents and the total of the amounts that are prescribed from time to time for the purposes of paragraphs (1)(a), (b) and (c) shall not exceed 7½ cents.”.

By whom levy payable.

9. Section 7 of the Principal Act is amended by inserting after the word “person” the words “(including a State or an authority of a State)”.

Regulations.

10. Section 8 of the Principal Act is amended by omitting sub-sections (2), (3) and (4) and substituting the following sub-sections:—

“(2) Before making regulations under this section prescribing an amount for the purposes of a paragraph referred to in sub-section (3) or (4), the Governor-General shall take into consideration any recommendations with respect to the amount made to the Minister by the Corporation.

“(3) Before making any recommendations in relation to regulations to be made for the purposes of paragraph 6(1)(a), 6a(1)(a), 6b(1)(a), 6c(1)(a) or 6d(1)(a), the Corporation shall consult the Producer Consultative Group, the Exporter and Abattoir Consultative Group and such other organizations (if any) as are prescribed for the purposes of this sub-section.

“(4) Before making any recommendations in relation to regulations to be made for the purposes of paragraph 6(1)(b), 6(1)(c), 6a(1)(b), 6a(1)(c), 6b(1)(b), 6b(1)(c), 6c(1)(b), 6c(1)(c), 6d(1)(b) or 6d(1)(c), the Corporation shall consult the Producer Consultative Group, the Exporter and Abattoir Consultative Group, the Australian Meat Research Committee and such other organizations (if any) as are prescribed for the purposes of this sub-section.”.