Live-stock Slaughter (Processors) Levy Bill

Live-stock Slaughter (Processors) Levy Act 1997

No. 214, 1997

An Act to impose a levy, payable by processors, on the slaughter of certain live-stock, and for purposes dealing with the imposition of the levy

[Assented to 17 December 1997]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Live‑stock Slaughter (Processors) Levy 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:

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

levy means levy imposed by this Act.

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.

processor, in relation to live-stock, means the person (including a State or Territory or an authority of a State or Territory) who is the owner of the carcases of the live-stock immediately after the hot carcase weight of the live-stock would normally be determined.

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 levy

(1) Subject to subsection (2), a levy is imposed on the slaughter at an abattoir of live‑stock for human consumption after the commencement of this Act.

(2) Levy is not imposed:

(a) on the slaughter of live‑stock whose carcases are, under a law of the Commonwealth or of a State or Territory, condemned or rejected as being unfit for human consumption; or

(b) on the slaughter of live‑stock for consumption by the owner of the live‑stock, or by members of the owner’s family or by the owner’s employees.

5 No amount of levy payable in certain cases

(1) The regulations may provide that no amount of levy is payable by processors 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 levy is not payable under this Act on the slaughter of live‑stock in respect of any period while the regulation is in force.

6 Rate of levy on slaughter of sheep

The rate of levy on the slaughter of each head of sheep is the sum of the following amounts:

(a) the prescribed amount (not exceeding 70 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.

7 Rate of levy on slaughter of lambs

The rate of levy on the slaughter 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.

8 Rate of levy on slaughter of goats

The rate of levy on the slaughter 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.

9 Levy payable by processor

Levy payable on the slaughter of live‑stock is payable by the processor of the live‑stock.

10 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 6(a), 6(b), 7(a), 7(b), 8(a) or 8(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 purpose 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.