Commonwealth Consolidated Acts

AUSTRALIAN ANIMAL HEALTH COUNCIL (LIVE-STOCK INDUSTRIES) FUNDING ACT 1996 - SECT 4A

Commonwealth payment to Australian Animal Health Council

  (1)   The Commonwealth is to make a payment (the Commonwealth payment ) to the Australian Animal Health Council of an amount equal to the sum of the following amounts:

  (a)   horse disease response levy collected or received by the Commonwealth;

  (b)   amounts of penalty paid under section   7 of the Horse Disease Response Levy Collection Act 2011 in relation to a failure to pay horse disease response levy by the time it became due for payment.

Conditions of Commonwealth payment

  (1A)   The payments made under subsection   (1) are subject to the condition that the Australian Animal Health Council will pay to the Commonwealth an amount equal to the Commonwealth's costs in:

  (a)   collecting or recovering the amounts of levy or penalty to which the payments relate; and

  (b)   administering subsection   (1) in relation to the making of the payments.

  (2)   The Commonwealth payment is subject to the condition that the Australian Animal Health Council apply the payment in accordance with this section.

First priority for applying Commonwealth payment

  (2A)   As first priority, the Australian Animal Health Council is to apply the Commonwealth payment in making a payment to the Commonwealth for the purpose of discharging any liability of the Australian Animal Health Council under subsection   (1A).

Second priority for applying Commonwealth payment

  (3)   As second priority, the Australian Animal Health Council is to apply the Commonwealth payment in meeting, or reimbursing the Council for meeting, costs the Council incurs:

  (a)   in receiving and applying the payment in accordance with this section; and

  (b)   before or in the financial year in which the payment is made.

Third priority for applying Commonwealth payment

  (4)   As third priority, the Australian Animal Health Council is to apply the Commonwealth payment in making to the Commonwealth a payment (the Council payment ) as follows, depending on whether, when the Commonwealth payment was made, a non - government body concerned with the horse industry was party to the EADR agreement:

  (a)   if such a body was party to the agreement--the Council payment is on behalf of the body for the purpose of discharging a liability of the body to the Commonwealth that arises under the EADR agreement;

  (b)   if there was not such a body party to the agreement--the Council payment is made within 28 days after the Commonwealth payment was made and equals so much of the payment to the Council as the Council has not applied under subsection   (3).

Fourth priority for applying Commonwealth payment

  (5)   As fourth priority, the Australian Animal Health Council is to apply the Commonwealth payment in:

  (a)   making a payment to an organisation that is concerned with research and development relevant to the horse industry; or

  (b)   taking measures relating to the promotion or maintenance of the health of horses.

  (6)   The Australian Animal Health Council is to apply the Commonwealth payment under subsection   (5) only:

  (a)   on request by a non - government body that is a party to the EADR agreement and is concerned with the horse industry; and

  (b)   in the way that that body requests.

Applying for lower priority if higher priority cannot be met

  (7)   The Australian Animal Health Council may apply the Commonwealth payment in accordance with a lower priority if the Council cannot apply the payment in accordance with a higher priority. For this purpose, a priority set out in a later subsection is lower than a priority set out in an earlier subsection.

Recovery of Commonwealth costs

  (7A)   An amount payable by the Australian Animal Health Council under subsection   (1A):

  (a)   is a debt due to the Commonwealth; and

  (b)   may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

Setting off Council payment to Commonwealth

  (7B)   The Commonwealth may set off an amount payable to it under subsection   (1A) against a payment the Commonwealth must make under subsection   (1).

  (8)   The Commonwealth may set off an amount payable to it under paragraph   (4)(b) against a payment the Commonwealth must make under subsection   (1).