HORSE DISEASE RESPONSE LEVY COLLECTION BILL 2008

i Horse Disease Response Levy Collection Bill 2008 No. , 2008

Contents

Part 1--Preliminary

Short title ............................................................................................ 1

Commencement .................................................................................. 2

Definitions .......................................................................................... 2

Act to bind the Crown......................................................................... 2

Application of the Criminal Code ...................................................... 3

Part 2--Liability for horse disease response levy and penalties

Liability of horse registration bodies .................................................. 4

Collection of horse disease response levy by horse

registration bodies............................................................................... 4

When levy due for payment................................................................ 4

Application of the Financial Management and

Accountability Act 1997...................................................................... 5

Penalty for late payment ..................................................................... 5

Remission of penalty .......................................................................... 5

Recovery of levy................................................................................. 6

Refund of levy .................................................................................... 6

Part 3--Information gathering powers

Powers to seek information or documents.......................................... 7

Offences in relation to returns etc....................................................... 7

Conduct by directors, employees and agents...................................... 8

Part 4--Review of decisions

Review by the Minister..................................................................... 10

Part 5--Miscellaneous

Release of information...................................................................... 11

Appointment of authorised persons .................................................. 11

Delegation by Secretary.................................................................... 12

Regulations ....................................................................................... 12

Part 1 Preliminary

Section 2

2 Horse Disease Response Levy Collection Bill 2008 No. , 2008

2 Commence ment

This Act commences on the day after it receives the Royal Assent.

3 Definitions

In this Act:

Australian Animal Health Council means the Australian Animal

Health Council Limited (ACN 071 890 956).

authorised person means a person appointed under subsection

18(1).

horse has the same meaning as in the Horse Disease Response

Levy Act 2008.

horse disease response levy means levy of that name imposed by

the Horse Disease Response Levy Act 2008.

horse industry body has the same meaning as in the Horse Disease

Response Levy Act 2008.

horse registration body has the same meaning as in the Horse

Disease Response Levy Act 2008.

owner has the same meaning as in the Horse Disease Response

Levy Act 2008.

Secretary means the Secretary of the Department.

4 Act to bind the Crown

(1) This Act binds the Crown in right of the Commonwealth, of each

of the States, of the Australian Capital Territory, of the Northern

Territory and of Norfolk Island.

(2) However, nothing in this Act renders the Crown liable to be

prosecuted for an offence.

Part 2 Liability for horse disease response levy and penalties

Section 6

4 Horse Disease Response Levy Collection Bill 2008 No. , 2008

Part 2--Liability for horse disease response levy

and penalties

6 Liability of horse registration bodies

If a horse registration body registers a horse in relation to which

horse disease response levy is imposed, the body is liable to pay to

the Commonwealth, on behalf of the owner of the horse, an

amount equal to the sum of:

(a) the amount of any horse disease response levy due for

payment in respect of the registration of the horse with the

body; and

(b) any amount payable under section 10 as a penalty for late

payment of horse disease response levy.

7 Collection of horse disease response levy by horse registration

bodies

(1) Despite any law of a State or Territory or any contract entered into

before this Act commences, a horse registration body must not

body with the funds necessary for the body to pay, on behalf of the

owner, the horse disease response levy that would be due in respect

of the registration of the horse with the body.

(2) If a horse registration body registers a horse, the body must give

the owner of the horse a receipt for the horse disease response levy

paid.

8 When levy due for payment

Amounts of horse disease response levy are due for payment as

required by the regulations.

Liability for horse disease response levy and penalties Part 2

Section 9

Horse Disease Response Levy Collection Bill 2008 No. , 2008 5

9 Application of the Financial Management and Accountability Act

1997

(1) The Financial Management and Accountability Act 1997 does not

apply in relation to horse disease response levy collected by a

horse registration body.

(2) However, the operation of that Act in relation to money paid by a

horse registration body to the Commonwealth is not affected.

10 Penalty for late payment

If any horse disease response levy remains unpaid after the time

when it became due for payment, there is payable by the horse

registration body to the Commonwealth, by way of penalty

accruing from the time the horse disease response levy became due

for payment until it is paid in full, an amount worked out as

follows:

(a) during the month in which the horse disease response levy

became due for payment the amount of penalty accrues at the

rate of 2% per month on the horse disease response levy due;

(b) during the next and each subsequent month the amount of

penalty consists of the sum of:

(i) each amount that accrued during a previous month; and

(ii) the amount accruing during that month at the rate of 2%

per month on the sum of the amount of horse disease

response levy then payable and penalty payable at the

end of the previous month.

11 Remission of penalty

(1) Where an amount of penalty becomes payable under section 10

because an amount of horse disease response levy remains unpaid

after the time when it becomes due for payment, the Minister or an

authorised person may, subject to subsection (2), remit the whole

or a part of that amount of penalty.

(2) An amount remitted by an authorised person under subsection (1)

is not to exceed $5,000 or such lower amount as is specified in the

Part 2 Liability for horse disease response levy and penalties

Section 12

6 Horse Disease Response Levy Collection Bill 2008 No. , 2008

instrument appointing the authorised person under subsection

18(1).

12 Recovery of levy

The following amounts may be recovered by the Commonwealth

as debts due to the Commonwealth:

(a) amounts of horse disease response levy that are due for

payment;

(b) amounts payable under section 10.

13 Refund of levy

(1) Subject to subsection (2), if an amount referred to in section 12 has

been overpaid, the amount overpaid must be refunded by the

Commonwealth.

(2) If, in purported compliance with the Australian Animal Health

Council (Live-stock Industries) Funding Act 1996, an amount equal

to the amount overpaid, or part of that amount, has been paid to a

body, fund or account, then:

(a) if the Commonwealth has not, under subsection (1), refunded

the amount overpaid--that amount must be refunded by the

body, or out of the fund or account, as the case may be; or

(b) if the Commonwealth has so refunded the amount payable--

the Commonwealth is entitled to recover from the body, fund

or account, as the case may be, by set-off or otherwise, the

amount so refunded.

Information gathering powers Part 3

Section 14

Horse Disease Response Levy Collection Bill 2008 No. , 2008 7

Part 3--Information gathering powers

14 Powe rs to seek information or docume nts

(1) An authorised person may give a person a written notice requiring

the person to give the authorised person, within the time specified

in the notice, specified information or documents relevant to the

operation of this Act.

(2) The notice may also require the person to verify the information by

statutory declaration.

15 Offences in relation to returns etc.

(1) A person must not refuse or fail to give a return, information or

document that the person is required to give by or under this Act or

the regulations.

Penalty: 60 penalty units.

(2) Subsection (1) does not apply if the person has a reasonable

excuse.

Note:

The defendant bears an evidential burden in relation to the matter in

subsection (2). See subsection 13.3(3) of the Criminal Code.

(3) An offence under subsection (1) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(4) A person is not excused from giving a return, information or

document on the ground that to do so would tend to incriminate the

person or expose the person to a penalty.

(5) However, in the case of an individual:

(a) any return, information or document given; or

(b) any information, document or thing obtained as a direct or

indirect consequence of giving the return, information or

document;

is not admissible in evidence against the person in:

Part 3 Info rmation gathering powers

Section 16

8 Horse Disease Response Levy Collection Bill 2008 No. , 2008

against subsection (1) of this section or an offence against

section 137.1 or 137.2 of the Criminal Code that relates to

this Act; or

(d) proceedings for recovery of an amount payable by way of

penalty under section 10.

(6) If a person is convicted of an offence under subsection (1):

(a) the court may direct the person to give the return, information

or document that he or she is required to give by or under this

Act or the regulations; and

(b) on being so directed, the person must give the return,

information or document to an authorised person within the

time specified in the direction.

16 Conduct by directors, employees and agents

(1) If, in proceedings for an offence against this Act, it is necessary to

establish the state of mind of a body corporate in relation to

particular conduct, it is sufficient to show that:

(a) the conduct was engaged in by a director, employee or agent

of the body corporate within the scope of his or her actual or

apparent authority; and

(b) the director, employee or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate by a

director, employee or agent of the body corporate within the scope

of his or her actual or apparent authority is to be taken, for the

purposes of a prosecution for an offence against this Act, to have

been engaged in also by the body corporate unless the body

corporate establishes that the body corporate took reasonable

precautions and exercised due diligence to avoid the conduct.

(3) If, in proceedings for an offence against this Act, it is necessary to

establish the state of mind of a person other than a body corporate

in relation to particular conduct, it is sufficient to show that:

(a) the conduct was engaged in by an employee or agent of the

person within the scope of his or her actual or apparent

authority; and

(b) the employee or agent had the state of mind.

Information gathering powers Part 3

Section 16

Horse Disease Response Levy Collection Bill 2008 No. , 2008 9

(4) Any conduct engaged in on behalf of a person other than a body

corporate (in this subsection called the employer) by an employee

or agent of the employer within the scope of his or her actual or

apparent authority is to be taken, for the purposes of a prosecution

for an offence against this Act, to have been engaged in also by the

employer unless the employer establishes that he or she took

reasonable precautions and exercised due diligence to avoid the

conduct.

(5) If:

(a) a person other than a body corporate is convicted of an

offence; and

(b) the person would not have been convicted of the offence if

subsections (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that

offence.

(6) A reference in subsection (1) or (3) to the state of mind of a person

includes a reference to:

(a) the knowledge, intention, opinion, belief or purpose of the

person; and

(b) the person's reasons for the intention, opinion, belief or

purpose.

(7) A reference in this section to a director of a body corporate

includes a reference to a constituent member of a body corporate

incorporated for a public purpose by a law of the Commonwealth,

of a State or of a Territory.

(8) A reference in this section to engaging in conduct includes a

reference to failing or refusing to engage in conduct.

Part 4 Review of decisions

Section 17

10 Horse Disease Response Levy Collection Bill 2008 No. , 2008

Part 4--Review of decisions

17 Review by the Minister

(1) This section applies in respect of a decision to refuse to remit,

under subsection 11(1), the whole or a part of an amount.

(2) A person affected by the decision may apply, in writing, to the

Minister, requesting the Minister to reconsider the decision.

(3) The request must:

(a) set out the reasons for making the request; and

(b) be made:

(i) within 28 days after the day on which the person

receives notice of the decision; or

(ii) within such further period as the Minister allows, either

before or after the end of that 28 day period.

(4) Within 45 days after receiving the request, the Minister must

reconsider the decision and may affirm, revoke or vary the

decision, as the Minister thinks fit.

(5) If the Minister affirms, revokes or varies a decision, the Minister

must inform the person who made the request of the result of the

reconsideration of the decision and give the reasons for his or her

decision.

(6) An application may be made to the Administrative Appeals

Tribunal for review of:

(a) a decision of the Minister that has been affirmed or varied

under subsection (4); or

(b) a decision of the Minister under subsection (4) to revoke a

decision.

Miscellaneous Part 5

Section 18

Horse Disease Response Levy Collection Bill 2008 No. , 2008 11

Part 5--Miscellaneous

18 Release of information

(1) An authorised person may release information of a kind mentioned

in subsection (2) to any of the following:

(a) a horse industry body;

(b) the Australian Animal Health Council;

to be released.

(2) Subject to subsection (3), the kind of information that the

authorised person may release must relate to amounts of horse

disease response levy received or receivable by the Commonwealth

in any period, including such information as it relates to:

(a) a particular sector of the horse industry; or

(b) a particular State, Territory or region.

(3) Any information released must not identify the name, address or

contact details of a person who has paid horse disease response

levy to a horse registration body.

19 Appointment of authorised persons

(1) The Secretary may, in writing, appoint a person appointed or

engaged under the Public Service Act 1999 to be an authorised

person for the purposes of this Act.

(2) The Secretary must not appoint a person as an authorised person

unless the Secretary is satisfied that the person has suitable

qualifications and experience to properly exercise the powers of an

authorised person.

(3) An authorised person must, in exercising powers or performing

functions as an authorised person, comply with any directions of

the Secretary.

Part 5 Miscellaneous

Section 20

12 Horse Disease Response Levy Collection Bill 2008 No. , 2008

(4) If the Secretary gives a direction under subsection (3) in writing,

the direction is not a legislative instrument.

20 Delegation by Secretary

(1) The Secretary may, in writing, delegate all or any of his or her

powers under this Act or the regulations to an APS employee in the

Department.

(2) A delegate is, in the exercise of a delegated power, subject to the

directions of the Secretary.

(3) If the Secretary gives a direction under subsection (2) in writing,

the direction is not a legislative instrument.

21 Regulations

(1) The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

(2) The matters that may be prescribed under subsection (1) include,

but are not limited to:

(a) making provision in relation to the payment of horse disease

response levy and any penalty for a failure to pay horse

disease response levy by the time it became due for payment;

and

(b) requiring a horse registration body to keep and retain records

in relation to horses registered by the body; and

information or documents for the purposes of this Act; and

(d) providing for penalties, not exceeding 10 penalty units, for

offences against the regulations.

(3) The regulations may provide that information given in accordance

with a requirement covered by paragraph (2)(c) must be verified by

statutory declaration.

Commonwealth of Australia Bills

HORSE DISEASE RESPONSE LEVY COLLECTION BILL 2008