Commonwealth Numbered Acts

LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE) COLLECTION ACT 1979 No. 46, 1979 - SECT 6

6. (1) For the better securing of the payment of charge, the proprietor of an
abattoir at which live-stock owned by another person are slaughtered is liable
to pay to the Commonwealth an amount equal to any charge on the slaughter that
has become payable by that other person but has not been paid to the
Commonwealth by or on behalf of that other person or recovered from that other
person by the Commonwealth.

(2) The proprietor of an abattoir at which live-stock owned by another person
are slaughtered may, on behalf of that other person, pay to the Commonwealth
any charge payable in respect of the slaughter, either before or after the
charge is due for payment.

(3) The proprietor of an abattoir may, notwithstanding any law of a State or
Territory or any contract entered into before the commencement of this Act,
refuse to slaughter, or to permit the slaughter of, live-stock owned by
another person at the abattoir unless that other person first provides the
proprietor with the funds necessary for the due payment, on behalf of that
other person, of charge on the slaughter of the live-stock.

(4) Where-

   (a)  any charge payable by a person on the slaughter of any live-stock at
        an abattoir of which another person is the proprietor has been paid to
        the Commonwealth on behalf of that person by the proprietor of the
        abattoir; or

   (b)  an amount in respect of any charge so payable has been recovered by
        the Commonwealth from the proprietor of the abattoir by virtue of
        sub-section (1), the person by whom that charge was payable is liable
        to pay to the proprietor an amount equal to the amount so paid or
        recovered, less any amount already paid by that person to the
        proprietor in respect of that charge.

(5) Where, at any time, a person pays to the proprietor of an abattoir an
amount in respect of charge on the slaughter at that abattoir of live-stock
owned by that person, that person is discharged from liability to pay charge
to the same extent as if the payment had been made by him at that time to the
Commonwealth, but the discharge does not affect any liability of the
proprietor under sub-section (1).

(6) Sub-section (5) does not apply where, before the payment is made to the
proprietor of the abattoir, the person making the payment has been notified in
writing by or on behalf of the Minister that the Minister requires that person
to pay direct to the Commonwealth the charge in respect of which the payment
is made.

(7) Where, under this section, charge is paid on behalf of a person by, or an
amount in respect of charge payable by a person is recovered by the
Commonwealth from, the proprietor of an abattoir, that person is, to the
extent of the amount paid or recovered, discharged from so much of his
liability to the Commonwealth to pay the charge as has not previously been
discharged by virtue of sub-section (5).

(8) Where the Minister is satisfied that it would, by reason of special
circumstances, be unreasonable to require the proprietor of an abattoir to
pay, or to pay in full, an amount payable by him under this section, the
Minister may release that proprietor in whole or in part from his liability,
but such a release does not affect the liability of any person other than the
proprietor.

(9) In this section, a reference to the charge on the slaughter of any
live-stock shall be read as including a reference to an amount that has become
payable by way of penalty under sub-section 8 (1) by reason of default in
payment of charge on the slaughter of those live-stock.