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Cattle Export Charges Amendment Act 1995

  • - C2004A04924
  • No longer in force
Act No. 74 of 1995 as made
An Act to amend the Cattle Export Charge Act 1990
Date of Assent 30 Jun 1995
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

CATTLE EXPORT CHARGES AMENDMENT ACT 1995 No. 74, 1995

Making Information - Assented to 30 June 1995

CATTLE EXPORT CHARGES AMENDMENT ACT 1995 No. 74 of 1995 - LONG TITLE

An Act to amend the Cattle Export Charge Act 1990

CATTLE EXPORT CHARGES AMENDMENT ACT 1995 No. 74 of 1995 - SECT 1
Short title etc.

1.(1) This Act may be cited as the Cattle Export Charges Amendment Act 1995.


(2) In this Act, "Principal Act" means the Cattle Export Charge Act 1990.


(Minister's second reading speech made in-
House of Representatives on 7 June 1995
Senate on 20 June 1995)

CATTLE EXPORT CHARGES AMENDMENT ACT 1995 No. 74 of 1995 - SECT 2
Commencement

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

CATTLE EXPORT CHARGES AMENDMENT ACT 1995 No. 74 of 1995 - SECT 3
Amendments

3. The Principal Act is amended as set out in the Schedule.

CATTLE EXPORT CHARGES AMENDMENT ACT 1995 No. 74 of 1995 - SCHEDULE 1

SCHEDULE Section 3
AMENDMENTS OF THE PRINCIPAL ACT
1. Title:
Omit "a charge", substitute "charges".
2. Section 1:
Omit "Charge", substitute "Charges".
3. Subsection 4(1) (definition of "Corporation"):
Omit.
4. 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;
'bobby calf' means a bovine animal (other than a buffalo):
(a) which, at the time when it was or is exported, had or has a liveweight
that did not or does not exceed 80kg; or
(b) which has not had its liveweight determined at the time when it was or
is exported but which, in the opinion of the person responsible, in
accordance with subsection (5), for sending the charge, would, if
slaughtered at that time, have constituted or constitute a carcase whose
dressed weight would not have exceeded or would not exceed 40kg;
'chargeable bobby calf' means a bobby calf to which subsection 6A(4) does
not apply;
'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;
'National Cattle Disease Eradication Trust Account' means the trust
account of that name continued in existence by section 4 of the National
Cattle Disease Eradication Trust Account Act 1991.".
5. Section 4:
Add at the end:
"(4) In determining the weight of a carcase immediately after it has been
dressed, no adjustment of that weight is to be made on account of shrinkage.
"(5) For the purposes of the definition of 'bobby calf' in subsection (1),
if an amount equal to the amount of charge is required to be paid to the
Commonwealth by a person (the 'relevant person') other than the person
primarily liable for the payment of charge, the person responsible for
sending the charge is taken to be the relevant person.".
6. Section 5:
(a) Omit "cattle (other than dairy cattle) exported", substitute "the
export of cattle (other than dairy cattle)".
(b) Add at the end:
"(2) A charge is imposed on the export from Australia on or after 1
February 1991 of cattle (other than dairy cattle) if cattle transaction levy
under the Cattle Transaction Levy Act 1995 has not been paid, and is not
payable, in respect of an act or transaction relating to the cattle.
"(3) A charge is imposed on the export from Australia on or after 1 July
1995 of cattle (other than dairy cattle) if:
(a) the cattle were purchased, whether before, on or after that date, by
the exporter; and
(b) the period beginning on the date of purchase and ending on the date of
export exceeds the longest of the following periods:
(i) 60 days;
(ii) the period for which the cattle are required under the Quarantine
Act 1908 to be held in quarantine before being exported;
(iii) the period for which the cattle are required under the law of the
country to which the cattle are being exported to be held in quarantine
before being exported.".
7. Subsection 6(1):

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Omit "The rate of charge imposed", substitute "Subject to
subsection (1A), the rate of charge imposed by subsection 5(1)".
Note: The heading to section 6 is altered by inserting "imposed by
subsection 5(1)" after "charge".
8. Paragraph 6(1)(a):
Before "Corporation" insert "Australian Meat and Live-stock".
9. After subsection 6(1):
Insert:
"(1A) The rate of charge imposed by subsection 5(1) on the export of
cattle on or after 1 July 1995 consists of the sum of the amounts, per
kilogram of cattle so exported, referred to in the following paragraphs:
(a) 0.1 cent or, if another amount (not exceeding 1 cent) is prescribed by
the regulations, the other amount, for the purpose of payment to the Meat
Industry Council; (b) 0.7 cent or, if another amount (not exceeding 2
cents) is prescribed by the regulations, the other amount, for the purpose
of payment to the Australian Meat and Live-stock Corporation;
(c) 0.247 cent or, if another amount (not exceeding 0.5 cent) is
prescribed by the regulations, the other amount, for the purpose of payment
to the Meat Research Corporation.".
10. Subsection 6(4):
Omit.
11. After section 6:
Insert:
Rates of charges imposed by subsections 5(2) and (3) on export of cattle
"6A.(1) The rate of charge imposed by subsection 5(2) on the export of
each head of cattle (other than a chargeable bobby calf) consists of the sum
of the amounts referred to in the following paragraphs:
(a) 8 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
Industry Council;
(b) whichever of the following amounts is applicable, for the purpose of
payment to the Australian Meat and Live-stock Corporation:
(i) if the export of that head of cattle occurred before 1 March-
1993-$3.15;
(ii) if the export of that head of cattle occurred on or after 1 March
1993 and before 1 July 1994-$2.58;
(iii) if the export of that head of cattle occurred on or after 1 July
1994 and before 1 July 1995-$2.16;
(iv) if the export of that head of cattle occurs on or after 1 July
1995-$2.08 or, if another amount (not exceeding $6.00) is prescribed by the
regulations, the other amount;
(c) whichever of the following amounts is applicable, for the purpose of
payment to the Meat Research Corporation:
(i) if the export of that head of cattle occurred before 1 May 1991-46
cents;
(ii) if the export of that head of cattle occurred on or after
1 May 1991 and before 1 March 1993-88 cents;
(iii) if the export of that head of cattle occurred on or after
1 March 1993 and before 1 July 1994-78 cents;
(iv) if the export of that head of cattle occurred on or after
1 July 1994 and before 1 July 1995-72 cents;
(v) if the export of that head of cattle occurs on or after 1 July
1995-72 cents or, if another amount (not exceeding $2.00) is prescribed by the
regulations, the other amount;
(d) whichever of the following amounts is applicable, for the purpose of
payment to the National Cattle Disease Eradication Trust Account:
(i) if the export of that head of cattle occurred before
1 December 1991-$2.10;
(ii) if the export of that head of cattle occurred on or after
1 December 1991 and before 1 March 1993-85 cents;
(iii) if the export of that head of cattle occurred on or after
1 March 1993 and before 1 July 1993-52 cents;
(iv) if the export of that head of cattle occurred on or after
1 July 1993 and before 1 July 1995-46 cents;
(v) if the export of that head of cattle occurs on or after 1 July
1995- 44 44 cents or, if another amount (not exceeding $4.00) is prescribed by the
regulations, the other amount;
(e) if the export of that head of cattle occurred before 1 July
1993-12 cents, for the purposes of the National Residue Survey.
"(2) The rate of charge imposed by subsection 5(2) on the export of each
head of cattle that is a chargeable bobby calf consists of the sum of the
amounts referred to in the following paragraphs:
(a) 8 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
Industry Council;
(b) whichever of the following amounts is applicable, for the purpose of
payment to the Australian Meat and Live-stock Corporation:
(i) if the export of that head of cattle occurred before 1 March 1993-70
cents;
(ii) if the export of that head of cattle occurred on or after
1 March 1993 and before 1 July 1994-57 cents;
(iii) if the export of that head of cattle occurred on or after
1 July 1994 and before 1 July 1995-48 cents;
(iv) if the export of that head of cattle occurs on or after 1 July
1995-40 cents or, if another amount (not exceeding $1.40) is prescribed by
the regulations, the other amount;
(c) whichever of the following amounts is applicable, for the purpose of
payment to the Meat Research Corporation:
(i) if the export of that head of cattle occurred before 1 May 1991-10
cents;
(ii) if the export of that head of cattle occurred on or after
1 May 1991 and before 1 March 1993-19 cents;
(iii) if the export of that head of cattle occurred on or after
1 March 1993 and before 1 July 1994-17 cents;
(iv) if the export of that head of cattle occurred on or after
1 July 1994 and before 1 July 1995-16 cents;
(v) if the export of that head of cattle occurs on or after 1 July
1995-16 cents or, if another amount (not exceeding
40 cents) is prescribed by the regulations, the other amount;
(d) whichever of the following amounts is applicable, for the purpose of
payment to the National Cattle Disease Eradication Trust Account:
(i) if the export of that head of cattle occurred before
1 December 1991-08 cents;
(ii) if the export of that head of cattle occurs on or after 1 July
1995-such amount (not exceeding 20 cents) as is prescribed by the
regulations;
(e) if the export of that head of cattle occurred before 1 July
1993-12 cents, for the purposes of the National Residue Survey.
"(3) The rate of charge imposed by subsection 5(3) on the export of each
head of cattle consists of the sum of the amounts referred to in the
following paragraphs:
(a) 8 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
Industry Council;
(b) $2.08 or, if another amount (not exceeding $6.00) is prescribed by the
regulations, the other amount, for the purpose of payment to the Australian
Meat and Live-stock Corporation;
(c) 72 cents or, if another amount (not exceeding $2.00) is prescribed by
the regulations, the other amount, for the purpose of payment to the Meat
Research Corporation;
(d) 44 cents or, if another amount (not exceeding $4.00) is prescribed by
the regulations, the other amount, for the purpose of payment to the
National Cattle Disease Eradication Trust Account.
"(4) For the purposes of determining the amount of levy in respect of a
cow with a calf at foot, the cow and calf constitute a single head of cattle
to which subsection (1) applies.".
12. Section 7:
Omit "The charge on cattle exported", substitute "A charge on the export of
cattle".
13. Subsections 8(2) to (7):
Omit, substitute:
"(2) The power of the Governor-General to make regulations prescribing an
amount for the purposes of section 6 or section 6A (other than paragraphs
(1)(d), (2)(d) and (3)(d)) 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 6 or section 6A (other than paragraphs
(1)(d), (2)(d) and (3)(d)):
(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.".