Commonwealth Consolidated Acts Commonwealth Consolidated Acts
In this Schedule:
"cattle" means bovine animals other than buffalo.
"dairy cattle" means bovine animals that are, or, if they were not exported from Australia, would be likely to be, held on licensed dairy premises for a purpose related to commercial milk production, including but without limiting the generality of the above, bulls, calves and replacement heifers.
"licensed dairy premises" means premises that, under the law of the State or Territory in which the premises are situated, are authorised for use as a dairy farm.
"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 .
(1) Charge is imposed on the export of cattle (other than dairy cattle) from Australia after the commencement of this Schedule.
(1A) Charge is imposed on the export of dairy cattle from Australia after the commencement of this subclause.
(2) The regulations may provide that no amount of charge is payable by exporters of cattle under this Schedule.
(3) Despite anything else in this Schedule, if a regulation of the kind referred to in subclause ( 2) is made, an amount of charge is not payable under this Schedule on the export of cattle from Australia in respect of any period while the regulation is in force.
(1) The rate of charge imposed by this Schedule on the export of cattle is the sum of:
(a) the following amounts:
(i) for cattle other than dairy cattle--the amount prescribed per kilogram of cattle so exported;
(ii) for dairy cattle--the amount prescribed per head of cattle so exported; and
(b) the following amounts:
(i) for cattle other than dairy cattle--the amount prescribed per kilogram of cattle so exported;
(ii) for dairy cattle--the amount prescribed per head of cattle so exported.
Note 1: Paragraph ( 1)(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 ( 1)(b) identifies amounts that, under the Australian Meat and Live - stock Industry Act 1997 , are destined for the live - stock export research body .
(2) For the purposes of calculating charge imposed by this Schedule, the weight of cattle exported is their liveweight described in the bill of lading, or similar document of title, facilitating the export of such cattle.
(3) Where the liveweight of cattle exported is not described in the bill of lading, or similar document of title, facilitating the export of the cattle, then, for the purposes of calculating charge imposed by this Schedule, the liveweight of the cattle is taken to be 480 kilograms per head.
Charge imposed by this Schedule on the export of cattle from Australia is payable by the exporter of the cattle.
(1) The Minister may, by notice in the Gazette , declare that the body specified in the declaration is the body whose recommendations about the amount to be prescribed for the purposes of subparagraph 3(1)(a)(i) or (ii) or 3(1)(b)(i) or (ii) 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 subparagraph 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 subparagraph .
(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 subparagraph 3(1)(a)(i) or (ii) or 3(1)(b)(i) or (ii) 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 subparagraph 3(1)(a)(i) or (ii) of this Schedule--the live - stock export marketing body; and
(b) in relation to regulations for the purposes of subparagraph 3(1)(b)(i) or (ii) 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 subparagraph 3(1)(a)(i) or (ii) or 3(1)(b)(i) or (ii) of this Schedule, prescribe an amount greater than the amount recommended to the Minister for the purposes of that subparagraph under subclause ( 2) or (3).
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision of the Cattle (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.
(1) This clause applies to a declaration if:
(a) the declaration was made for the purposes of a particular provision of the Cattle (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.