Victorian Numbered Acts

STATE TAXATION ACTS FURTHER AMENDMENT ACT 2008 (NO. 84 OF 2008) - SECT 26

For section 95 of the Livestock Disease Control Act 1994 substitute —

    '     95     Payment of duty by approved agents in respect to cattle

    (1)     An approved agent must not later than the 21st day of each month furnish to the Commissioner of State Revenue—

        (a)     if during the last preceding month there has been no sale or purchase of cattle and calves and carcases of cattle, a nil return; or

        (b)     in any other case, a return or returns of sales or purchases of cattle and calves and the carcases of cattle during the last preceding month, in the prescribed form, verified in the prescribed manner and denoted by cash register imprint with the duty paid by the approved agent.

Penalty:     5 penalty units.

    (2)     An approved agent must not later than the 21st day of each month pay to the Commissioner as cattle duty on any return the duty chargeable under the Duties Act 2000 .

Penalty:     5 penalty units and a penalty equal to double the amount of duty that would have been payable if the requirement of this subsection and the Duties Act 2000 had been complied with.

    (3)     An approved agent must     keep or cause to be kept in Victoria sufficient books to enable the agent to calculate accurately the amounts which are to be set out in returns required under this section.
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Penalty:     5 penalty units.

    (4)     An approved agent must keep available for inspection the books and records and all working papers used in making the calculations for at least 3 years from the month to which each return relates or for such other period as the Commissioner determines in any particular case.

Penalty:     5 penalty units.

    (5)     An approved agent must     issue to a purchaser of cattle or calves or the carcases of cattle an invoice that sets out—

        (a)     the registration number assigned to the approved agent; and

        (b)     the amount of duty paid; and

        (c)     the expression "Vic. Cattle Duty Paid"; and

        (d)     any prescribed particulars.

Penalty:     5 penalty units.

    (6)     A purchaser referred to in subsection (5) must keep the invoice issued to the purchaser for at least 3 years.

    (7)     An approved agent who purchases cattle or calves or the carcases of cattle on the approved agent's own behalf, must issue to a seller of those cattle, calves or carcases a statement that sets out—

        (a)     the registration number assigned to the approved agent; and
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        (b)     the amount of duty paid; and

        (c)     the expression "Vic. Cattle Duty Paid"; and

        (d)     any prescribed particulars.

Penalty:     5 penalty units.

    (8)     A seller referred to in subsection (7) must keep the statement issued to the seller for at least 3 years.

        95A     Payment of duty by approved agents in respect to sheep and goats

    (1)     An approved agent must not later than the 21st day of each month furnish to the Commissioner of State Revenue—

        (a)     if during the last preceding month there has been no sale or purchase of sheep and goats and carcases of sheep and goats, a nil return; or

        (b)     in any other case, a return or returns of sales or purchases of sheep and goats and the carcases of sheep and goats during the last preceding month, in the prescribed form, verified in the prescribed manner and denoted by cash register imprint with the duty paid by the approved agent.

Penalty:     5 penalty units.

    (2)     An approved agent must not later than the 21st day of each month pay to the Commissioner as sheep and goat duty on any return the duty chargeable under the Duties Act 2000 .

Penalty:     5 penalty units and a penalty equal to double the amount of duty that would have been payable if the requirement of this Part and the Duties Act 2000 had been complied with.

    (3)     An approved agent must     keep or cause to be kept in Victoria sufficient books to enable the agent to calculate accurately the amounts which are to be set out in returns required under this section.

Penalty:     5 penalty units.

    (4)     An approved agent must keep available for inspection the books and records and all working papers used in making the calculations for at least 3 years from the month to which each return relates or for such other period as the Commissioner determines in any particular case.

Penalty:     5 penalty units.

    (5)     An approved agent must issue to a purchaser of sheep or goats or the carcases of sheep or goats an invoice that sets out—

        (a)     the registration number assigned to the approved agent; and

        (b)     the amount of duty paid; and

        (c)     the expression "Vic. Sheep and Goat Duty Paid"; and

        (d)     any prescribed particulars.

Penalty:     5 penalty units.

    (6)     A purchaser referred to in subsection (5) must keep the invoice issued to the purchaser for at least 3 years.

    (7)     An approved agent who purchases sheep or goats or the carcases of sheep or goats on the approved agent's own behalf must issue to the seller of those sheep, goats or carcases a statement that sets out—

        (a)     the registration number assigned to the approved agent; and

        (b)     the amount of duty paid; and

        (c)     the expression "Vic. Sheep and Goat Duty Paid"; and

        (d)     any prescribed particulars.

Penalty:     5 penalty units.

    (8)     A seller referred to in subsection (7) must keep the statement issued to the seller for at least 3 years.'.