LIVE-STOCK EXPORT CHARGE ACT 1977

No. 68 of 1977

An Act to Impose a Charge upon the Export of certain Live-stock.

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

Short title.

1. This Act may be cited as the Live-stock Export Charge Act 1977.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Collection Act to be read with this Act.

3. The Live-stock Export Charge Collection Act 1977 shall be read as one with this Act.

Interpretation.

4. In this Act, unless the contrary intention appears—

“cattle” means bovine animals other than buffaloes;

“charge” means charge imposed by this Act;

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

“exporter” includes a State and an authority of a State;

“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;

“lamb” means a sheep that has not cut a permanent incisor tooth;

“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;

“sheep” does not include lambs.

Imposition of charge.

5. Subject to this Act, a charge is imposed on live-stock that is exported from Australia, being live-stock that is so exported on or after the date of commencement of this Act.

Exemption of live-stock from charge.

6. Charge is not payable on the export of live-stock that is included in a class of live-stock that is, by notice published in the Gazette, declared by the Minister, or by a person authorized by the Minister, in writing, for the purposes of this section, to be a class of live-stock that is exempt from charge.

Rate of charge on export of cattle.

7. (1) The rate of charge on the export of live-stock, being cattle, shall consist of the sum of the amounts per head of cattle exported that are referred to in the following paragraphs:—

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

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

(c) such amount per head of cattle exported, not exceeding $1.00 per head of cattle exported, 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) and (b) shall not exceed 75 cents.

Rate of charge on export of sheep.

8. (1) The rate of charge on the export of live-stock, being sheep, shall consist of the sum of the amounts per head of sheep exported that are referred to in the following paragraphs: —

(a) such amount per head of sheep exported as is prescribed for the purposes of this paragraph; and

(b) such amount per head of sheep exported 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) and (b) shall not exceed 7½ cents.

Rate of charge on export of lambs.

9. (1) The rate of charge on the export of live-stock, being lambs, shall consist of the sum of the amounts per head of lambs exported that are referred to in the following paragraphs: —

(a) such amount per head of lambs exported as is prescribed for the purposes of this paragraph; and

(b) such amount per head of lambs exported 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) and (b) shall not exceed 7½ cents.

Rate of charge on export of buffaloes.

10. (1) The rate of charge on the export of live-stock, being buffaloes, shall consist of the sum of the amounts per head of buffaloes exported that are referred to in the following paragraphs:—

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

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

(c) such amount per head of buffaloes exported, not exceeding $1.00 per head of buffaloes exported, 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) and (b) shall not exceed 75 cents.

Rate of charge on export of goats.

11. (1) The rate of charge on the export of live-stock, being goats, shall consist of the sum of the amounts per head of goats exported that are referred to in the following paragraphs:—

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

(b) such amount per head of goats exported 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) and (b) shall not exceed 7½ cents.

By whom charge payable.

12. The charge on live-stock exported from Australia is payable by the exporter of the live-stock.

Regulations.

13. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(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 7(1)(a), 8(1)(a), 9(1)(a), 10(1)(a) or 11(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 purpose of paragraph 7(1)(b), 8(1)(b), 9(1)(b), 10(1)(b) or 11(1)(b), 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.