Federal Register of Legislation - Australian Government

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A Bill for an Act to provide for the collection of horse disease response levy, and for related purposes
Administered by: Agriculture, Fisheries and Forestry
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 22 Feb 2008
Introduced HR 21 Feb 2008

2008

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Horse Disease Response Levy Collection Bill 2008

 

No.      , 2008

 

(Agriculture, Fisheries and Forestry)

 

 

 

A Bill for an Act to provide for the collection of horse disease response levy, and for related purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                               1

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

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

3............ Definitions.......................................................................................... 2

4............ Act to bind the Crown........................................................................ 2

5............ Application of the Criminal Code...................................................... 3

Part 2—Liability for horse disease response levy and penalties                 4

6............ Liability of horse registration bodies.................................................. 4

7............ Collection of horse disease response levy by horse registration bodies  4

8............ When levy due for payment............................................................... 4

9............ Application of the Financial Management and Accountability Act 1997 5

10.......... Penalty for late payment.................................................................... 5

11.......... Remission of penalty.......................................................................... 5

12.......... Recovery of levy................................................................................ 6

13.......... Refund of levy.................................................................................... 6

Part 3—Information gathering powers                                                                        7

14.......... Powers to seek information or documents......................................... 7

15.......... Offences in relation to returns etc...................................................... 7

16.......... Conduct by directors, employees and agents..................................... 8

Part 4—Review of decisions                                                                                           10

17.......... Review by the Minister.................................................................... 10

Part 5—Miscellaneous                                                                                                       11

18.......... Release of information...................................................................... 11

19.......... Appointment of authorised persons................................................ 11

20.......... Delegation by Secretary.................................................................... 12

21.......... Regulations....................................................................................... 12

 


A Bill for an Act to provide for the collection of horse disease response levy, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Horse Disease Response Levy Collection Act 2008.

2  Commencement

                   This Act commences on the day after it receives the Royal Assent.

3  Definitions

                   In this Act:

Australian Animal Health Council means the Australian Animal Health Council Limited (ACN 071 890 956).

authorised person means a person appointed under subsection 18(1).

horse has the same meaning as in the Horse Disease Response Levy Act 2008.

horse disease response levy means levy of that name imposed by the Horse Disease Response Levy Act 2008.

horse industry body has the same meaning as in the Horse Disease Response Levy Act 2008.

horse registration body has the same meaning as in the Horse Disease Response Levy Act 2008.

owner has the same meaning as in the Horse Disease Response Levy Act 2008.

Secretary means the Secretary of the Department.

4  Act to bind the Crown

             (1)  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

             (2)  However, nothing in this Act renders the Crown liable to be prosecuted for an offence.

5  Application of the Criminal Code

                   Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.


 

Part 2Liability for horse disease response levy and penalties

  

6  Liability of horse registration bodies

                   If a horse registration body registers a horse in relation to which horse disease response levy is imposed, the body is liable to pay to the Commonwealth, on behalf of the owner of the horse, an amount equal to the sum of:

                     (a)  the amount of any horse disease response levy due for payment in respect of the registration of the horse with the body; and

                     (b)  any amount payable under section 10 as a penalty for late payment of horse disease response levy.

7  Collection of horse disease response levy by horse registration bodies

             (1)  Despite any law of a State or Territory or any contract entered into before this Act commences, a horse registration body must not register a horse unless the owner of the horse first provides the body with the funds necessary for the body to pay, on behalf of the owner, the horse disease response levy that would be due in respect of the registration of the horse with the body.

             (2)  If a horse registration body registers a horse, the body must give the owner of the horse a receipt for the horse disease response levy paid.

8  When levy due for payment

                   Amounts of horse disease response levy are due for payment as required by the regulations.

9  Application of the Financial Management and Accountability Act 1997

             (1)  The Financial Management and Accountability Act 1997 does not apply in relation to horse disease response levy collected by a horse registration body.

             (2)  However, the operation of that Act in relation to money paid by a horse registration body to the Commonwealth is not affected.

10  Penalty for late payment

                   If any horse disease response levy remains unpaid after the time when it became due for payment, there is payable by the horse registration body to the Commonwealth, by way of penalty accruing from the time the horse disease response levy became due for payment until it is paid in full, an amount worked out as follows:

                     (a)  during the month in which the horse disease response levy became due for payment the amount of penalty accrues at the rate of 2% per month on the horse disease response levy due;

                     (b)  during the next and each subsequent month the amount of penalty consists of the sum of:

                              (i)  each amount that accrued during a previous month; and

                             (ii)  the amount accruing during that month at the rate of 2% per month on the sum of the amount of horse disease response levy then payable and penalty payable at the end of the previous month.

11  Remission of penalty

             (1)  Where an amount of penalty becomes payable under section 10 because an amount of horse disease response levy remains unpaid after the time when it becomes due for payment, the Minister or an authorised person may, subject to subsection (2), remit the whole or a part of that amount of penalty.

             (2)  An amount remitted by an authorised person under subsection (1) is not to exceed $5,000 or such lower amount as is specified in the instrument appointing the authorised person under subsection 18(1).

12  Recovery of levy

                   The following amounts may be recovered by the Commonwealth as debts due to the Commonwealth:

                     (a)  amounts of horse disease response levy that are due for payment;

                     (b)  amounts payable under section 10.

13  Refund of levy

             (1)  Subject to subsection (2), if an amount referred to in section 12 has been overpaid, the amount overpaid must be refunded by the Commonwealth.

             (2)  If, in purported compliance with the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996, an amount equal to the amount overpaid, or part of that amount, has been paid to a body, fund or account, then:

                     (a)  if the Commonwealth has not, under subsection (1), refunded the amount overpaid—that amount must be refunded by the body, or out of the fund or account, as the case may be; or

                     (b)  if the Commonwealth has so refunded the amount payable—the Commonwealth is entitled to recover from the body, fund or account, as the case may be, by set‑off or otherwise, the amount so refunded.


 

Part 3Information gathering powers

  

14  Powers to seek information or documents

             (1)  An authorised person may give a person a written notice requiring the person to give the authorised person, within the time specified in the notice, specified information or documents relevant to the operation of this Act.

             (2)  The notice may also require the person to verify the information by statutory declaration.

15  Offences in relation to returns etc.

             (1)  A person must not refuse or fail to give a return, information or document that the person is required to give by or under this Act or the regulations.

Penalty:  60 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

             (3)  An offence under subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (4)  A person is not excused from giving a return, information or document on the ground that to do so would tend to incriminate the person or expose the person to a penalty.

             (5)  However, in the case of an individual:

                     (a)  any return, information or document given; or

                     (b)  any information, document or thing obtained as a direct or indirect consequence of giving the return, information or document;

is not admissible in evidence against the person in:

                     (c)  criminal proceedings other than proceedings for an offence against subsection (1) of this section or an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act; or

                     (d)  proceedings for recovery of an amount payable by way of penalty under section 10.

             (6)  If a person is convicted of an offence under subsection (1):

                     (a)  the court may direct the person to give the return, information or document that he or she is required to give by or under this Act or the regulations; and

                     (b)  on being so directed, the person must give the return, information or document to an authorised person within the time specified in the direction.

16  Conduct by directors, employees and agents

             (1)  If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show that:

                     (a)  the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

                     (b)  the director, employee or agent had the state of mind.

             (2)  Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

             (3)  If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show that:

                     (a)  the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and

                     (b)  the employee or agent had the state of mind.

             (4)  Any conduct engaged in on behalf of a person other than a body corporate (in this subsection called the employer) by an employee or agent of the employer within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the employer unless the employer establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.

             (5)  If:

                     (a)  a person other than a body corporate is convicted of an offence; and

                     (b)  the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

             (6)  A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

                     (a)  the knowledge, intention, opinion, belief or purpose of the person; and

                     (b)  the person’s reasons for the intention, opinion, belief or purpose.

             (7)  A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

             (8)  A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.


 

Part 4Review of decisions

  

17  Review by the Minister

             (1)  This section applies in respect of a decision to refuse to remit, under subsection 11(1), the whole or a part of an amount.

             (2)  A person affected by the decision may apply, in writing, to the Minister, requesting the Minister to reconsider the decision.

             (3)  The request must:

                     (a)  set out the reasons for making the request; and

                     (b)  be made:

                              (i)  within 28 days after the day on which the person receives notice of the decision; or

                             (ii)  within such further period as the Minister allows, either before or after the end of that 28 day period.

             (4)  Within 45 days after receiving the request, the Minister must reconsider the decision and may affirm, revoke or vary the decision, as the Minister thinks fit.

             (5)  If the Minister affirms, revokes or varies a decision, the Minister must inform the person who made the request of the result of the reconsideration of the decision and give the reasons for his or her decision.

             (6)  An application may be made to the Administrative Appeals Tribunal for review of:

                     (a)  a decision of the Minister that has been affirmed or varied under subsection (4); or

                     (b)  a decision of the Minister under subsection (4) to revoke a decision.


 

Part 5Miscellaneous

  

18  Release of information

             (1)  An authorised person may release information of a kind mentioned in subsection (2) to any of the following:

                     (a)  a horse industry body;

                     (b)  the Australian Animal Health Council;

                     (c)  any other person to whom the Secretary allows information to be released.

             (2)  Subject to subsection (3), the kind of information that the authorised person may release must relate to amounts of horse disease response levy received or receivable by the Commonwealth in any period, including such information as it relates to:

                     (a)  a particular sector of the horse industry; or

                     (b)  a particular State, Territory or region.

             (3)  Any information released must not identify the name, address or contact details of a person who has paid horse disease response levy to a horse registration body.

19  Appointment of authorised persons

             (1)  The Secretary may, in writing, appoint a person appointed or engaged under the Public Service Act 1999 to be an authorised person for the purposes of this Act.

             (2)  The Secretary must not appoint a person as an authorised person unless the Secretary is satisfied that the person has suitable qualifications and experience to properly exercise the powers of an authorised person.

             (3)  An authorised person must, in exercising powers or performing functions as an authorised person, comply with any directions of the Secretary.

             (4)  If the Secretary gives a direction under subsection (3) in writing, the direction is not a legislative instrument.

20  Delegation by Secretary

             (1)  The Secretary may, in writing, delegate all or any of his or her powers under this Act or the regulations to an APS employee in the Department.

             (2)  A delegate is, in the exercise of a delegated power, subject to the directions of the Secretary.

             (3)  If the Secretary gives a direction under subsection (2) in writing, the direction is not a legislative instrument.

21  Regulations

             (1)  The Governor‑General may make regulations prescribing 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 matters that may be prescribed under subsection (1) include, but are not limited to:

                     (a)  making provision in relation to the payment of horse disease response levy and any penalty for a failure to pay horse disease response levy by the time it became due for payment; and

                     (b)  requiring a horse registration body to keep and retain records in relation to horses registered by the body; and

                     (c)  requiring a horse registration body to give returns, information or documents for the purposes of this Act; and

                     (d)  providing for penalties, not exceeding 10 penalty units, for offences against the regulations.

             (3)  The regulations may provide that information given in accordance with a requirement covered by paragraph (2)(c) must be verified by statutory declaration.