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National Cattle Disease Eradication Account Act 1991

Authoritative Version
Act No. 23 of 1991 as amended, taking into account amendments up to Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014
An Act to establish the National Cattle Disease Eradication Account, and for related purposes
Administered by: Agriculture, Water and the Environment
Registered 16 Jul 2014
Start Date 01 Jul 2014
Table of contents.

Description: Commonwealth Coat of Arms

National Cattle Disease Eradication Account Act 1991

No. 23, 1991 as amended

Compilation start date:                     1 July 2014

Includes amendments up to:            Act No. 62, 2014

 

About this compilation

This compilation

This is a compilation of the National Cattle Disease Eradication Account Act 1991 as in force on 1 July 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 16 July 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

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

2............ Commencement................................................................................... 1

3............ Interpretation....................................................................................... 1

4............ National Cattle Disease Eradication Account...................................... 1

4A......... Account’s component of charge.......................................................... 1

4B......... Account’s component of levy............................................................. 2

5............ Credit of amounts to Account............................................................. 2

6............ Application of National Cattle Disease Eradication Account............... 4

Endnotes                                                                                                                                      5

Endnote 1—About the endnotes                                                                              5

Endnote 2—Abbreviation key                                                                                  7

Endnote 3—Legislation history                                                                               8

Endnote 4—Amendment history                                                                           11

Endnote 5—Uncommenced amendments [none]                                          12

Endnote 6—Modifications [none]                                                                         12

Endnote 7—Misdescribed amendments [none]                                             12

Endnote 8—Miscellaneous [none]                                                                        12

 


An Act to establish the National Cattle Disease Eradication Account, and for related purposes

1  Short title

                   This Act may be cited as the National Cattle Disease Eradication Account Act 1991.

2  Commencement

                   This Act commences at the commencement of the Primary Industries Levies and Charges Collection Act 1991.

3  Interpretation

                   In this Act, unless the contrary intention appears:

Account means the National Cattle Disease Eradication Account continued in existence by section 4.

Account’s component of charge has the meaning given by section 4A.

Account’s component of levy has the meaning given by section 4B.

4  National Cattle Disease Eradication Account

             (1)  There is continued in existence the National Cattle Disease Eradication Account.

Note:          The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.

             (2)  The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

4A  Account’s component of charge

                   For the purposes of this Act, the Account’s component of charge is any of the following amounts:

                     (a)  an amount of charge covered by paragraph 2(b) of Schedule 1 to the Primary Industries (Customs) Charges Act 1999;

                     (b)  an amount of charge covered by paragraph 3(1)(c) of Schedule 3 to the Primary Industries (Customs) Charges Act 1999;

                     (c)  an amount of charge covered by paragraph 3(2)(c) of Schedule 3 to the Primary Industries (Customs) Charges Act 1999.

4B  Account’s component of levy

                   For the purposes of this Act, the Account’s component of levy is any of the following amounts:

                     (a)  an amount of levy covered by paragraph 2(b) of Schedule 2 to the Primary Industries (Excise) Levies Act 1999;

                     (b)  an amount of levy covered by paragraph 6(1)(c) of Schedule 3 to the Primary Industries (Excise) Levies Act 1999;

                     (c)  an amount of levy covered by paragraph 6(2)(c) of Schedule 3 to the Primary Industries (Excise) Levies Act 1999;

                     (d)  an amount of levy covered by paragraph 6(3)(c) of Schedule 3 to the Primary Industries (Excise) Levies Act 1999.

5  Credit of amounts to Account

                   There are to be credited to the Account:

                  (aaa)  amounts equal to the amounts received by the Commonwealth by way of the Account’s component of charge; and

                  (aab)  amounts equal to the amounts received by the Commonwealth by way of the Account’s component of levy; and

                     (a)  amounts equal to the amounts of levy received by the Commonwealth (whether before or after the commencement of this paragraph) because of paragraphs 6(1)(d), 6C(1)(d), 6E(1)(d) and 6F(1)(d) of the repealed Live‑stock Slaughter Levy Act 1964 as in force at any time before 1 July 1995;

                    (aa)  amounts equal to the amounts of levy received by the Commonwealth because of paragraph 6C(b) of the repealed Live‑stock Slaughter Levy Act 1964 as in force at any time on or after 1 July 1995; and

                   (ab)  amounts equal to the amounts of levy received by the Commonwealth because of paragraph 5(b) of the repealed Buffalo Slaughter Levy Act 1997; and

                     (b)  amounts equal to the amounts of charge received by the Commonwealth (whether before or after the commencement of this paragraph) because of paragraphs 7(1)(c) and 10(1)(c) of the repealed Live‑stock Export Charge Act 1977 as in force at any time before 1 July 1995; and

                   (ba)  amounts equal to the amounts of charge received by the Commonwealth because of paragraph 10(b) of the repealed Live‑stock Export Charge Act 1977 as in force at any time on or after 1 July 1995; and

                  (baa)  amounts equal to the amounts of charge received by the Commonwealth because of paragraph 6(b) of the repealed Buffalo Export Charge Act 1997; and

                   (bb)  amounts equal to the amounts of levy received by the Commonwealth (whether before or after the commencement of this paragraph) because of paragraphs 6(1)(c) and (2)(c) of the repealed Cattle Transaction Levy Act 1990; and

                   (bc)  amounts equal to the amounts of levy received by the Commonwealth because of paragraphs 5(1)(d) and (2)(d) of the repealed Cattle Transaction Levy Act 1995; and

                  (bca)  amounts equal to the amounts of levy received by the Commonwealth because of paragraphs 7(1)(c), 7(2)(c) and 7(3)(c) of the repealed Cattle Transactions Levy Act 1997; and

                   (bd)  amounts equal to the amounts of charge received by the Commonwealth because of paragraphs 6A(1)(d), (2)(d) and (3)(d) of the repealed Cattle Export Charges Act 1990; and

                   (be)  amounts equal to the amounts of charge received by the Commonwealth because of paragraphs 5(1)(c) and 5(2)(c) of the repealed Cattle (Producers) Export Charges Act 1997; and

                     (d)  amounts equal to interest from the investment of an amount standing to the credit of the Account.

Note:          An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.

6  Application of National Cattle Disease Eradication Account

             (1)  The amount standing to the credit of the Account may, with the approval of the Minister, be debited for the following purposes:

                     (a)  making payments to the States, and in meeting costs incurred by the Commonwealth, for the purpose of the eradication of any disease of cattle that is endemic in Australia;

                     (b)  making payments in respect of any expenses connected with the eradication of any disease of cattle that is endemic in Australia that have been paid by the Commonwealth and have not been debited from the Account;

                     (c)  making payments to the trustee of the Cattle Disease Contingency Fund Trust for the purposes of the Trust.

             (2)  An amount that has been credited to the Account under an Appropriation Act, may be debited from the Account.

             (3)  In this section:

Cattle Disease Contingency Fund Trust means the trust established by deed made on 13 February 2002 between the Australian Animal Health Council Limited and the Cattle Disease Contingency Fund Pty Ltd.


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)

 

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

National Cattle Disease Eradication Trust Account Act 1991

23, 1991

22 Feb 1991

1 July 1991 (see s. 2)

 

National Cattle Disease Eradication Trust Account Amendment Act 1995

78, 1995

30 June 1995

Schedule (item 1): 1 July 1991
Remainder: 1 July 1995

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Schedule 2 (items 939–948): 1 Jan 1998 (see Gazette 1997, No. GN49) (a)

Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997

207, 1997

17 Dec 1997

Schedule 3 (items 2–6) and Schedule 5 (item 21): 1 July 1998 (see Gazette 1997, No. GN22) (b)

Sch. 5 (item 21)

as amended by

 

 

 

 

Statute Law Revision Act 2006

9, 2006

23 Mar 2006

Schedule 2 (item 7): (c)

Primary Industries Levies and Charges (Consequential Amendments) Act 1999

32, 1999

14 May 1999

Schedule 8: 1 July 1999 (d)

Financial Framework Legislation Amendment Act 2005

8, 2005

22 Feb 2005

s. 4 and Schedule 1 (items 174–190, 496): Royal Assent

s. 4 and Sch. 1 (item 496)

National Cattle Disease Eradication Account Amendment Act 2006

139, 2006

30 Nov 2006

30 Nov 2006

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 10 (items 32–34): 1 July 2014 (see s 2(1) item 6)

 

(a)             The National Cattle Disease Eradication Account Act 1991 was amended by Schedule 2 (items 939–948) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

                   (2)  Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(b)             The National Cattle Disease Eradication Account Act 1991 was amended by Schedule 3 (items 2–6) only of the Australian Meat and Live‑Stock Industry (Repeals and Consequential Provisions) Act 1997, subsection 2(4) of which provides as follows:

                   (4)  Subject to this section, the remaining provisions of this Act commence on the same day as Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

(c)              Subsection 2(1) (item 24) of the Statute Law Revision Act 2006 provides as follows:

                   (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

24.  Schedule 2, item 7

Immediately after the time specified in the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997 for the commencement of item 6 of Schedule 3 to that Act.

1 July 1998

(d)             The National Cattle Disease Eradication Account Act 1991 was amended by Schedule 8 only of the Primary Industries Levies and Charges (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:

                   (1)  Subject to this section, this Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999.

 

Endnote 4—Amendment history

 

Provision affected

How affected

Title....................................

am. No. 152, 1997; No. 8, 2005

s. 1......................................

am. No. 152, 1997; No. 8, 2005

s. 3......................................

am. No. 152, 1997; No. 32, 1999; No. 8, 2005

s. 4......................................

rs. No. 152, 1997; No. 8, 2005

 

am No 62, 2014

Heading to s. 4A.................

am. No. 8, 2005

s. 4A...................................

ad. No. 32, 1999

 

am. No. 8, 2005

Heading to s. 4B..................

am. No. 8, 2005

s. 4B...................................

ad. No. 32, 1999

 

am. No. 8, 2005

Heading to s. 5....................

am. No. 152, 1997

 

rs. No. 8, 2005

s. 5......................................

am. No. 78, 1995; Nos. 152 and 207, 1997; No. 32, 1999; No. 8, 2005; No 62, 2014

Note to s. 5(1).....................

ad. No. 8, 2005

 

am No 62, 2014

Heading to s. 6....................

am. No. 152, 1997

s. 6......................................

am. No. 152, 1997

 

rs. No. 8, 2005

 

am. No. 139, 2006

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]