Live-stock Export Charge Amendment Act 1995

No. 71 of 1995

An Act to amend the Live-stock Export Charge Act 1977, and for related purposes

[Assented to 30 June 1995]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Live-stock Export Charge Amendment Act 1995.

(2) In this Act, "Principal Act" means the Live-stock Export Charge Act 1977.

Commencement

2. This Act commences, or is taken to have commenced, on 1 July 1995.

Amendments

3. The Principal Act is amended in accordance with items 1 to 5 in the Schedule, and item 6 in the Schedule has effect according to its terms.

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                                                                 SCHEDULE                                                   Section 3

AMENDMENTS OF THE PRINCIPAL ACT

1. Subsection 4(1) (definitions of "cattle" and "Corporation"):

Omit.

2. Subsection 4(1) (definition of "live-stock"):

Omit "cattle".

3. Subsection 4(1):

Insert:

" 'Australian Meat and Live-stock Corporation' means the Australian Meat and Live-stock Corporation continued in existence by section 53 of the Meat and Live-stock Industry Act 1995;

'Meat Industry Council' means the Meat Industry Council established by section 8 of the Meat and Live-stock Industry Act 1995;

'Meat Research Corporation' means the Meat Research Corporation continued in existence by section 166 of the Meat and Live-stock Industry Act 1995;".

4. Sections 7 to 11:

Repeal, substitute:

Rate of charge on export of sheep

"8. The rate of charge on the export of each head of sheep consists of the sum of the amounts referred to in the following paragraphs:

(a)  2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

(b)  24.2 cents or, if another amount (not exceeding $1.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

(c)  12.5 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation.

Rate of charge on export of lambs

"9. The rate of charge on the export of each head of lambs consists of the sum of the amounts referred to in the following paragraphs:

(a)  2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

SCHEDULE—continued

(b)  24.2 cents or, if another amount (not exceeding $1.30) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

(c)  12.5 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation.

Rate of charge on export of buffaloes

"10. The rate of charge on the export of each head of buffaloes consists of the sum of the amounts referred to in the following paragraphs:

(a)  $4.60 or, if another amount (not exceeding $18.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Rural Industries Research and Development Corporation;

(b)  73 cents or, if another amount (not exceeding $4.00) is prescribed by the regulations, the other amount, for the purpose of payment into the National Cattle Disease Eradication Trust Account.

Rate of charge on export of goats

"11. The rate of charge on the export of each head of goats consists of the sum of the amounts referred to in the following paragraphs:

(a)  2 cents or, if another amount (not exceeding 10 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Industry Council;

(b)  21.7 cents or, if another amount (not exceeding $1.00) is prescribed by the regulations, the other amount, for the purpose of payment to the Australian Meat and Live-stock Corporation;

(c)  12.5 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount, for the purpose of payment to the Meat Research Corporation.".

5. Subsections 13(2) to (5):

Omit, substitute:

"(2) The power of the Governor-General to make regulations prescribing an amount for the purposes of section 8, 9 or 11 is exercisable only on the advice of the Executive Council given after the Council has taken into consideration the recommendations with respect to the amount made to the Minister by the Meat Industry Council.

"(3) The Meat Industry Council must not make a recommendation to the Minister for the purposes of section 8, 9 or 11:

SCHEDULE—continued

(a)  if a motion that the terms of the recommendation be endorsed has not been put before the last general meeting of the Australian meat and live-stock industry convened under section 22 of the Meat and Live-stock Industry Act 1995 before the making of that recommendation; or

(b)  if such a motion is so put and defeated.

"(4) The Meat Industry Council must, at the time of making a recommendation of the kind referred to in subsection (3) to the Minister, give the Minister written particulars of the voting in respect of the motion that the terms of the recommendation be endorsed.".

6. Application

The amendments made by this Schedule apply in respect of the export of live-stock after the commencement of this Act and the Principal Act continues to apply in respect of the export of live-stock before that commencement.

[Minister's second reading speech made in—

House of Representatives on 7 June 1995

Senate on 20 June 1995)