Federal Register of Legislation - Australian Government

Primary content

Act No. 216 of 1997 as made
An Act to impose a charge, payable by exporters, on the export of certain live-stock, and for purposes dealing with the imposition of the charge
Date of Assent 17 Dec 1997
Date of repeal 01 Jul 1999
Repealed by Primary Industries Levies and Charges (Consequential Amendments) Act 1999

 

 

 

 

Live‑stock (Exporters) Export Charge Act 1997

 

No. 216, 1997

 

 

 

 

  

  

  


 

 

 

 

Live‑stock (Exporters) Export Charge Act 1997

 

No. 216, 1997

 

 

 

 

An Act to impose a charge, payable by exporters, on the export of certain live‑stock, and for purposes dealing with the imposition of the charge

  

  

  


Contents

1............ Short title............................................................................................

2............ Commencement..................................................................................

3............ Definitions..........................................................................................

4............ Imposition of charge...........................................................................

5............ Exemption of live-stock from charge..................................................

6............ No amount of charge payable in certain cases....................................

7............ Rate of charge on export of sheep......................................................

8............ Rate of charge on export of lambs......................................................

9............ Rate of charge on export of goats.......................................................

10.......... Charge payable by exporters..............................................................

11.......... Regulations.........................................................................................


Live-stock (Exporters) Export Charge Act 1997

No. 216, 1997

 

 

 

An Act to impose a charge, payable by exporters, on the export of certain live-stock, and for purposes dealing with the imposition of the charge

[Assented to 17 December 1997]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Live‑stock (Exporters) Export Charge Act 1997.

2  Commencement

                   This Act commences at the commencement of Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

3  Definitions

             (1)  In this Act, unless the contrary intention appears:

charge means charge imposed by this Act.

lamb means a sheep that has not cut a permanent incisor tooth.

live-stock means sheep, lambs and goats.

marketing body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

research body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

sheep does not include lambs.

             (2)  Unless the contrary intention appears, a word or expression has the same meaning in this Act as it has in the Primary Industries Levies and Charges Collection Act 1991.

4  Imposition of charge

                   Subject to this Act, a charge is imposed on the export of live‑stock from Australia after the commencement of this Act.

5  Exemption of live-stock from charge

                   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 authorised by the Minister, in writing, for the purposes of this section, to be a class of live‑stock that is exempt from charge.

6  No amount of charge payable in certain cases

             (1)  The regulations may provide that no amount of charge is payable by exporters of live‑stock under this Act.

             (2)  Despite anything else in this Act, if a regulation of the kind referred to in subsection (1) is made, an amount of charge is not payable on the export of live‑stock from Australia in respect of any period while the regulation is in force.

7  Rate of charge on export of sheep

                   The rate of charge on the export of each head of sheep is the sum of the following amounts:

                     (a)  the prescribed amount (not exceeding 55 cents), for the purpose of payment to the marketing body;

                     (b)  the prescribed amount (not exceeding 25 cents), for the purpose of payment to the research body.

8  Rate of charge on export of lambs

                   The rate of charge on the export of each head of lambs is the sum of the following amounts:

                     (a)  the prescribed amount (not exceeding 50 cents), for the purpose of payment to the marketing body;

                     (b)  the prescribed amount (not exceeding 25 cents), for the purpose of payment to the research body.

9  Rate of charge on export of goats

                   The rate of charge on the export of each head of goats is the sum of the following amounts:

                     (a)  the prescribed amount (not exceeding 55 cents), for the purpose of payment to the marketing body;

                     (b)  the prescribed amount (not exceeding 25 cents), for the purpose of payment to the research body.

10  Charge payable by exporters

                   The charge payable on the export of live‑stock from Australia is payable by the exporter of the live‑stock.

11  Regulations

             (1)  The Governor-General may make regulations prescribing all matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  The Minister may, by notice in the Gazette, declare a body to be the body whose recommendations about the amount to be prescribed for the purposes of paragraph 7(a), 7(b), 8(a), 8(b), 9(a) or 9(b) are to be taken into consideration under subsection (3).

             (3)  If a declaration is in force under subsection (2), the Governor‑General’s power to make regulations prescribing an amount for the purposes of the paragraph to which the declaration relates is exercisable only on the advice of the Executive Council given after the Council has taken into consideration any recommendations about the amount made to the Minister by the body specified in the declaration in relation to that paragraph.

 

[Minister's second reading speech made in the¾

House of Representatives on 1 October 1997

Senate on 29 October 1997]

 

 

 

(154/97)