Commonwealth Consolidated Acts Commonwealth Consolidated Acts
(1) In this Schedule:
"bobby calf" means a bovine animal (other than a buffalo):
(a) which, at the time when it is exported, had or has a liveweight that did not or does not exceed 80kg; or
(b) which has not had its liveweight determined at the time when it is exported but which, in the opinion of the intermediary, would, if slaughtered at that time, have constituted or constitute a carcase whose dressed weight would not have exceeded or would not exceed 40kg.
"cattle" means bovine animals other than buffalo.
"chargeable bobby calf" means a bobby calf to which subclause 3(3) does not apply.
"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.
"industry marketing body" has the same meaning as in Part 3 of the Australian Meat and Live - stock Industry Act 1997 .
"industry research body" has the same meaning as in Part 3 of the Australian Meat and Live - stock Industry Act 1997 .
"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.
(2) A reference in this Schedule to the intermediary is a reference to the person required, under the Primary Industries Levies and Charges Collection Act 1991 , to pay to the Commonwealth, on behalf of the producer, an amount equal to the amount of charge imposed by this Schedule.
(1) Charge is imposed on the export from Australia after the commencement of this Schedule of cattle (other than dairy cattle). However, charge is not imposed by this subclause on the export of cattle (other than dairy cattle) if levy under Schedule 3 to the Primary Industries (Excise) Levies Act 1999 or the repealed Cattle Transactions Levy Act 1997 has been paid, or is payable, in respect of an act or transaction relating to the cattle.
(2) Charge is imposed on the export from Australia after the commencement of this Schedule of cattle (other than dairy cattle) if:
(a) the cattle were purchased by the exporter, whether before or after the commencement of this Schedule; and
(b) the period starting on the date of the purchase and ending on the date of the export is longer than the longer of the following periods:
(i) 60 days;
(iii) the period for which the cattle are required under the law of the country to which they are being exported to be held in quarantine before being exported.
(1) The rate of each of the charges imposed by this Schedule on the export of each head of cattle (other than a chargeable bobby calf) is the sum of the following amounts:
(a) $2.16 or, if another amount is prescribed by the regulations, the other amount;
(b) 72 cents or, if another amount is prescribed by the regulations, the other amount;
(c) 17 cents or, if another amount (not exceeding $4.00) is prescribed by the regulations, the other amount;
(d) 13 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount.
Note 1: Paragraph ( 1)(a) identifies amounts that, under the Australian Meat and Live - stock Industry Act 1997 , are destined for the industry marketing body .
Note 2: Paragraph ( 1)(b) identifies amounts that, under the Australian Meat and Live - stock Industry Act 1997 , are destined for the industry research body .
Note 3: Paragraph ( 1)(c) identifies amounts that, under the National Cattle Disease Eradication Account Act 1991 , are destined for the National Cattle Disease Eradication Account .
Note 4: Paragraph ( 1)(d) identifies amounts that, under the Australian Animal Health Council (Live - stock Industries) Funding Act 1996 , are destined for the Australian Animal Health Council .
(2) The rate of each of the charges imposed by this Schedule on the export of each head of cattle that is a chargeable bobby calf is the sum of the following amounts:
(a) 48 cents or, if another amount is prescribed by the regulations, the other amount;
(b) 16 cents or, if another amount is prescribed by the regulations, the other amount;
(c) the prescribed amount (not exceeding 20 cents), if any;
(d) the prescribed amount (not exceeding 50 cents), if any.
Note 1: Paragraph ( 2)(a) identifies amounts that, under the Australian Meat and Live - stock Industry Act 1997 , are destined for the industry marketing body .
Note 2: Paragraph ( 2)(b) identifies amounts that, under the Australian Meat and Live - stock Industry Act 1997 , are destined for the industry research body .
Note 3: Paragraph ( 2)(c) identifies amounts that, under the National Cattle Disease Eradication Account Act 1991 , are destined for the National Cattle Disease Eradication Account .
Note 4: Paragraph ( 2)(d) identifies amounts that, under the Australian Animal Health Council (Live - stock Industries) Funding Act 1996 , are destined for the Australian Animal Health Council .
(3) For the purposes of subclause ( 1), a cow with a calf at foot are together taken to constitute a single head of cattle.
Charge imposed by this Schedule on the export of cattle from Australia is payable by the producer 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 paragraph 3(1)(a), 3(1)(b), 3(1)(d), 3(2)(a), 3(2)(b) or 3(2)(d) 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(1)(a), 3(1)(b), 3(2)(a) or 3(2)(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(1)(a) or 3(2)(a) of this Schedule--the industry marketing body; and
(b) in relation to regulations for the purposes of paragraph 3(1)(b) or 3(2)(b) of this Schedule--the industry 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(1)(a), 3(1)(b), 3(2)(a) or 3(2)(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).
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision of the Cattle (Producers) Export Charges 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 (Producers) Export Charges 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.