(1) The following
contributions must be paid to the Minister for payment into the Fund in
respect of each contract of sale under which 5 or more sheep are sold for an
average price of $5 or more per sheep:
(a) a
dog fence rebuild contribution of—
(i)
12 cents per sheep; or
(ii)
if some other amount per sheep (which may be 0) is
determined by the Minister by notice in the Gazette—that other amount;
(b) a
general contribution of 55 cents per sheep.
(2) For the purposes
of subregulation (1), if, in a financial year, a person enters into more
than 1 contract with the same purchaser for the sale of less than
5 sheep, the contracts will be taken to be a single contract.
(3) Subject to
subregulation (4), the contributions must be paid by the vendor of the
sheep.
(4) If there is a
collection agent for the contract of sale of sheep, the collection agent must
pay the contributions on behalf of the vendor of the sheep.
(5) The relevant
collection agent or, in respect of a contract of sale for which there is no
collection agent, the vendor of sheep must—
(a) keep
proper records relating to contracts of sale of sheep entered into by the
person (either as principal or agent) and the contributions required to be
made in respect of those contracts; and
(b) make
those records available for inspection at any reasonable time by a person
authorised by the Minister for the purpose.
(6) The relevant
collection agent or, in the case of a contract of sale for which there is no
collection agent, the vendor of sheep must—
(a)
within 14 days after the end of each quarter, furnish the Minister with a
financial statement relating to the contributions arising from contracts of
sale of sheep entered into by the person (either as principal or agent) during
that quarter that—
(i)
is in the form, and contains the information, required by
the Minister; and
(ii)
is, if the person has the necessary equipment, in an
electronic form acceptable to the Minister; and
(b)
receive and forward to the Minister, with the quarterly financial statement
required by paragraph (a), the required contributions for contracts of
sale entered into during the quarter to which the financial statement relates.
(7) A person who was
the vendor of sheep at the time contributions became payable under this
regulation in respect of a contract of sale may claim a refund from the Fund
for—
(a)
dog fence rebuild contributions; or
(or both) made in the financial year immediately preceding the financial year
in which the person makes the claim in respect of contracts of sale of the
person's sheep.
(8) If a person, by
written notice to the Minister, requests the Minister to refund contributions,
the Minister must, on being satisfied that the person is entitled to the
refund, pay to the person an amount determined in accordance with the
following formula:
where—
"R" is the total amount of the refund;
"C" "t" is the total amount of dog fence rebuild contributions or
general contributions paid during the financial year immediately preceding the
financial year in which the person claims the refund in respect of contracts
of sale of the person's sheep;
"C" "1" is the contribution paid during the first quarter of that financial
year in respect of contracts of sale of the person's sheep;
"C" "2" is the contribution paid during the second quarter of that financial
year in respect of contracts of sale of the person's sheep;
"C" "3" is the contribution paid during the third quarter of that financial
year in respect of contracts of sale of the person's sheep;
"C" "4" is the contribution paid during the fourth quarter of that financial
year in respect of contracts of sale of the person's sheep;
"I" is the annual short term interest for that financial year (as published by
the Reserve Bank of Australia) expressed as a percentage.