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PRIMARY INDUSTRIES (EXCISE) LEVIES ACT 1999 - SCHEDULE 22

Pig slaughter

 

 

1   Definitions

    In this Schedule:

"industry services body" has the same meaning as in the Pig Industry Act 2001.

"levy" means an amount of the levy.

2   Imposition of levy

    Levy is imposed on the slaughter at an abattoir of pigs for sale for human consumption (whether or not the carcases are subsequently used for human consumption), if the slaughter occurs after the commencement of this Schedule.

3   Rate of levy

    The rate of the levy imposed by this Schedule in respect of pigs is an amount in respect of each pig slaughtered equal to the sum of:

  (a)   such amount as is prescribed by the regulations for the purposes of this paragraph; and

  (b)   such amount as is prescribed by the regulations for the purposes of this paragraph; and

  (c)   such amount (not exceeding 50 cents) as is prescribed by the regulations for the purposes of this paragraph.

Note 1:   Paragraph   (a) identifies amounts that are available for R&D payments under section   9 of the Pig Industry Act 2001 .

Note 2:   Paragraph   (b) identifies amounts that are available for marketing payments under section   9 of the Pig Industry Act 2001 .

Note 3:   Paragraph   (c) identifies amounts that, under the Australian Animal Health Council (Live - stock Industries) Funding Act 1996 , are destined for the Australian Animal Health Council.

4   Who pays the levy

    Levy imposed by this Schedule on the slaughter of a pig is payable by the producer.

5   Regulations

  (1)   Before the Governor - General makes regulations prescribing an amount for the purposes of paragraph   3(a) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the industry services body. The regulations must not prescribe an amount that is greater than the amount last recommended by that body to the Minister.

  (1A)   Before the industry services body makes a recommendation to the Minister under subclause   (1), it must consult with the persons who are required to pay the levy concerned.

  (2)   Before the Governor - General makes regulations prescribing an amount for the purposes of paragraph   3(b) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the industry services body. The regulations must not prescribe an amount that is greater than the amount last recommended by the body to the Minister.

  (3)   If a declaration is in force under subclause   (4), then, before the Governor - General makes regulations prescribing an amount for the purpose of paragraph   3(c) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the body specified in the declaration. The regulations must not prescribe an amount greater than the amount last recommended to the Minister by the body specified in the declaration.

  (4)   The Minister may, by notice in the Gazette , declare a body specified in the notice to be the body representing the Australian pig slaughter industry for the purposes of this clause.

6   Transitional--regulations

  (1)   This clause applies to regulations if:

  (a)   the regulations were made for the purposes of a particular provision of the Pig Slaughter Levy Act 1971 ; 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.

7   Transitional--declarations

  (1)   This clause applies to a declaration if:

  (a)   the declaration was made for the purposes of a particular provision of the Pig Slaughter Levy Act 1971 ; 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.



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