Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PRIMARY INDUSTRIES (CUSTOMS) CHARGES ACT 1999 - SCHEDULE 11

Live-stock (exporters)

 

 

1   Definitions

    In this Schedule:

"lamb" means an ovine animal that:

  (a)   is under 12 months of age; or

  (b)   does not have any permanent incisor teeth in wear.

"live-stock" means sheep, lambs and goats.

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

"live-stock export 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   Imposition of charge

  (1)   Charge is imposed on the export of live - stock from Australia after the commencement of this Schedule.

  (2)   Charge is not imposed by this Schedule on the export of live - stock that is included in a class of live - stock that is, by notice in the Gazette , declared:

  (a)   by the Minister; or

  (b)   by a person authorised by the Minister, in writing, for the purposes of this clause;

to be a class of live - stock that is exempt from charge.

  (3)   The regulations may provide that no amount of charge is payable by exporters of live - stock under this Schedule.

  (4)   Despite anything else in this Schedule, if a regulation of the kind referred to in subclause   ( 3) is made, an amount of charge is not payable under this Schedule on the export of live - stock from Australia in respect of any period while the regulation is in force.

3   Rate of charge--sheep

    The rate of charge imposed by this Schedule on the export of each head of sheep is the sum of the following amounts:

  (a)   the prescribed amount;

  (b)   the prescribed amount.

Note 1:   Paragraph   ( a) identifies amounts that, under the Australian Meat and Live - stock Industry Act 1997 , are destined for the live - stock export marketing body .

Note 2:   Paragraph   ( b) identifies amounts that, under the Australian Meat and Live - stock Industry Act 1997 , are destined for the live - stock export research body .

4   Rate of charge--lambs

    The rate of charge imposed by this Schedule on the export of each head of lambs is the sum of the following amounts:

  (a)   the prescribed amount;

  (b)   the prescribed amount.

Note 1:   Paragraph   ( a) identifies amounts that, under the Australian Meat and Live - stock Industry Act 1997 , are destined for the live - stock export marketing body .

Note 2:   Paragraph   ( b) identifies amounts that, under the Australian Meat and Live - stock Industry Act 1997 , are destined for the live - stock export research body .

5   Rate of charge--goats

    The rate of charge imposed by this Schedule on the export of each head of goats is the sum of the following amounts:

  (a)   the prescribed amount;

  (b)   the prescribed amount.

Note 1:   Paragraph   ( a) identifies amounts that, under the Australian Meat and Live - stock Industry Act 1997 , are destined for the live - stock export marketing body .

Note 2:   Paragraph   ( b) identifies amounts that, under the Australian Meat and Live - stock Industry Act 1997 , are destined for the live - stock export research body .

6   Who pays the charge

    Charge imposed by this Schedule on the export of live - stock from Australia is payable by the exporter of the live - stock.

7   Regulations

  (1)   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   3(a), 3(b), 4(a), 4(b), 5(a) or 5(b) of this Schedule are to be taken into consideration under subclause   ( 2).

  (2)   If a declaration is in force under subclause   ( 1), then, before the Governor - General makes regulations prescribing an amount for the purposes of the paragraph to which the declaration relates, the Minister must take into consideration any relevant recommendation made to the Minister by the body specified in the declaration in relation to that paragraph.

  (3)   If there is no declaration in force under subclause   ( 1), then, before the Governor - General makes regulations prescribing an amount for the purposes of paragraph   3(a), 3(b), 4(a), 4(b), 5(a) or 5(b) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by:

  (a)   in relation to regulations for the purposes of paragraph   3(a), 4(a) or 5(a) of this Schedule--the live - stock export marketing body; and

  (b)   in relation to regulations for the purposes of paragraph   3(b), 4(b) or 5(b) of this Schedule--the live - stock export research body.

  (4)   Before a body mentioned in subclause   ( 3) makes such a recommendation to the Minister, the body must consult with the persons who are required to pay the charge concerned.

  (5)   The regulations must not, for the purposes of paragraph   3(a), 3(b), 4(a), 4(b), 5(a) or 5(b) of this Schedule, prescribe an amount greater than the amount recommended to the Minister for the purposes of that paragraph under subclause   ( 2) or (3).

8   Transitional--regulations

  (1)   This clause applies to regulations if:

  (a)   the regulations were made for the purposes of a particular provision of the Live - stock (Exporters) Export Charge Act 1997 ; and

  (b)   the regulations were in force immediately before the commencement of this clause.

  (2)   The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.

9   Transitional--declarations

  (1)   This clause applies to a declaration if:

  (a)   the declaration was made for the purposes of a particular provision of the Live - stock (Exporters) Export Charge Act 1997 ; and

  (b)   the declaration was in force immediately before the commencement of this clause.

  (2)   The declaration has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.

10   Transitional--authorisations

  (1)   This clause applies to an authorisation if:

  (a)   the authorisation was made for the purposes of a particular provision of the Live - stock (Exporters) Export Charge Act 1997 ; and

  (b)   the authorisation was in force immediately before the commencement of this clause.

  (2)   The authorisation has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback