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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Animal Health Council (Live-stock Industries) Funding Amendment Bill
2002
No. ,
2002
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend the
Australian Animal Health Council (Live-stock Industries) Funding Act
1996, and for related purposes
Contents
Australian Animal Health Council (Live-stock Industries) Funding Act
1996 3
A Bill for an Act to amend the Australian Animal
Health Council (Live-stock Industries) Funding Act 1996, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Animal Health Council
(Live-stock Industries) Funding Amendment Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 2 of the table does not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Australian Animal Health
Council (Live-stock Industries) Funding Act 1996
1 Section 3
Insert:
EADR agreement means the government and livestock industry
cost sharing deed in respect of emergency animal disease responses made by the
Commonwealth and other parties, and executed by the Commonwealth in March
2002.
2 Paragraph 4(b)
Repeal the paragraph, substitute:
(b) amounts of penalty paid under section 15 of the Primary
Industries Levies and Charges Collection Act 1991 in relation to a failure
to pay Australian Animal Health Council levy by the time it became due for
payment.
3 At the end of
section 4
Add:
(2) The Commonwealth is to pay to the Australian Animal Health Council an
amount equal to the sum of the following amounts less the Commonwealth’s
costs in collecting or recovering those amounts and in administering this
subsection:
(a) amounts of levy or charge:
(i) imposed by regulations under Schedule 27 to the Primary
Industries (Excise) Levies Act 1999 or Schedule 14 to the Primary
Industries (Customs) Charges Act 1999 on an animal product (as defined in
whichever one of those Schedules is relevant); and
(ii) described in those regulations as EADR levy or EADR charge;
and
(iii) collected or received by or on behalf of the Commonwealth;
(b) amounts of penalty paid under section 15 of the Primary
Industries Levies and Charges Collection Act 1991 in relation to a failure
to pay levy or charge described in paragraph (a) by the time it became due
for payment.
(3) A payment (the Commonwealth payment) under
subsection (2) relating to a levy or charge and to an animal product is
made subject to the condition that the Australian Animal Health Council apply
the Commonwealth payment in accordance with the priorities in
subsections (4), (5) and (6) and subject to subsections (7) and
(8).
(4) The first priority is to apply the Commonwealth payment in meeting, or
reimbursing the Australian Animal Health Council for meeting, costs the Council
incurs:
(a) in receiving and applying the Commonwealth payment in accordance with
subsection (3); and
(b) before or in the financial year in which the Commonwealth payment is
made.
(5) The second priority is to apply the Commonwealth payment in making, on
behalf of the non-government body that is a party to the EADR agreement and is
concerned with the production of the animal product, a payment:
(a) to the Commonwealth for the purpose of discharging a liability of the
body to the Commonwealth that arises under the EADR agreement; or
(b) if the animal product is honey—to the Commonwealth or Plant
Health Australia Limited (ACN 092 607 997) for the purpose of discharging a
liability of the body to the Commonwealth relating to the Commonwealth’s
costs connected with a plant disease that is, may be or may have been spread by
honey bees.
Note: A payment to Plant Health Australia Limited may be
made for the purpose of discharging a liability of the non-government body
concerned with honey production to the Commonwealth relating to a plant disease
spread by honey bees if Plant Health Australia Limited is obliged to pay the
Commonwealth on behalf of the body.
(6) The third priority is to apply the Commonwealth payment in:
(a) making a payment to an organisation that is concerned with research
and development relevant to production of the animal product; or
(b) taking measures relating to the promotion or maintenance of the health
of animals to which the animal product relates.
(7) If a body is declared under the relevant Schedule mentioned in
subparagraph (2)(a)(i) as the designated body for the animal product, the
Australian Animal Health Council is to apply the Commonwealth payment in
accordance with the third priority only:
(a) on request by the body; and
(b) in the way that the body requests.
(8) It is not a contravention of the condition in subsection (3) for
the Australian Animal Health Council to 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.
4 At the end of the Act
Add:
When this section applies
(1) This section applies if:
(a) a person pays an amount by way of levy, charge or penalty described in
subsection 4(2) relating to an animal product; and
(b) the Commonwealth refunds the amount (the refunded
amount) to the person.
Note: For example, the Commonwealth might refund an amount
because the person paid too much levy or charge.
Act applies as if the refunded amount had never been paid
(2) The other sections of this Act apply, and are taken always to have
applied, as if the refunded amount had never been paid to the
Commonwealth.
Note: This may, for example, lead to a result as provided
for in subsection (3), (4) or (5).
Liability of Council to repay overpayment
(3) Each payment under subsection 4(2):
(a) that relates to the animal product; and
(b) that exceeds the amount it should have been because of
subsection (2) of this section;
is made subject to the condition that the excess is a debt due by the
Australian Animal Health Council to the Commonwealth, and that the Australian
Animal Health Council comply with subsection (5) (if applicable).
Note: Some or all of this debt may be discharged if the
Commonwealth expects it will not be able to set this debt off against future
payments under subsection 4(2), and if past payments under that subsection have
already been applied. See subsections (5) and (6).
Setting off this liability against future payments
(4) The Commonwealth may set off the excess against an amount that is
payable to the Australian Animal Health Council under subsection 4(2) in
relation to the animal product.
Reduced liability to repay if future payments cease
(5) If:
(a) the Secretary of the Department gives written notice to the Australian
Animal Health Council that the Secretary expects the Commonwealth will not be
able to set off under subsection (4) a specified amount of the excess;
and
(b) the Australian Animal Health Council is yet to fully apply one or more
Commonwealth payments (as defined in section 4) relating to the animal
product;
the Australian Animal Health Council must, before applying those
Commonwealth payments in accordance with the third priority in that section,
apply those Commonwealth payments in paying the Commonwealth as much as possible
of that specified amount.
(6) The debt is discharged by this subsection to the extent of the
difference (if any) between:
(a) the amount specified in a notice described in paragraph (5)(a);
and
(b) the amount (if any) paid to the Commonwealth under subsection (5)
by the Australian Animal Health Council in connection with the notice.
Note: A set-off under subsection (4) of an amount of
the excess, or a payment to the Commonwealth under subsection (5), also
discharges the debt to the extent of that amount or payment.
(7) Subsections 4(3) and (7) have effect subject to subsections (3)
and (5) of this section.