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This is a Bill, not an Act. For current law, see the Acts databases.


HORSE DISEASE RESPONSE LEVY BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Horse Disease Response Levy Bill 2011
No. , 2011
(Agriculture, Fisheries and Forestry)
A Bill for an Act to impose a levy to help meet costs
incurred in responding to outbreaks of diseases
affecting horses
i Horse Disease Response Levy Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Definitions
.........................................................................................
2
4
This Act binds the Crown .................................................................. 3
5
Imposition of levy .............................................................................. 3
6
Who is liable to pay levy ................................................................... 3
7
Amount of levy .................................................................................. 3
8
Act does not impose levy on property of a State ............................... 4
9 Regulations
........................................................................................
4
Horse Disease Response Levy Bill 2011 No. , 2011 1
A Bill for an Act to impose a levy to help meet costs
1
incurred in responding to outbreaks of diseases
2
affecting horses
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Horse Disease Response Levy Act
6
2011.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
Section 3
2 Horse Disease Response Levy Bill 2011 No. , 2011
3 Definitions
1
In this Act:
2
Agvet Codes has the meaning given by the Agricultural and
3
Veterinary Chemicals Act 1994.
4
EADR agreement means the government and livestock industry
5
cost sharing deed in respect of emergency animal disease responses
6
made by the Commonwealth and other parties, and executed by the
7
Commonwealth in March 2002.
8
manufactured feed means feed that:
9
(a) is suitable for horses generally or horses of a particular kind;
10
and
11
(b) has been prepared using one or more of the following
12
processes:
13
(i) steaming or another cooking process;
14
(ii)
flaking;
15
(iii) cubing of hay;
16
(iv)
starch
manipulation;
17
(v) blending 2 or more sorts of feed;
18
(vi) blending 1 or more sorts of feed with 1 or more dietary
19
supplements, medications or modifiers;
20
(vii) a process prescribed by the regulations.
21
worm treatment means a veterinary chemical product (as defined
22
in the Agvet Codes) for which both the following conditions are
23
met:
24
(a) the product is a registered chemical product or a registered
25
listed chemical product under those Codes;
26
(b) there are instructions for use of the product for treatment of
27
horses for internal parasites and those instructions:
28
(i) are approved by the Australian Pesticides and
29
Veterinary Medicines Authority under those Codes; or
30
(ii) accord with an established standard for the product
31
under those Codes, if the product is a registered listed
32
chemical product.
33
Section 4
Horse Disease Response Levy Bill 2011 No. , 2011 3
4 This Act binds the Crown
1
This Act binds the Crown in each of its capacities.
2
5 Imposition of levy
3
(1) Levy is imposed on a disposal that:
4
(a) is a disposal of manufactured feed or worm treatment by a
5
person (the disposer) to another person; and
6
(b) takes place in Australia; and
7
(c) is the first disposal of the feed or treatment after the feed or
8
treatment is imported into Australia or manufactured in
9
Australia.
10
(2) The regulations may exempt from levy disposals of manufactured
11
feed or worm treatment by specified classes of persons.
12
6 Who is liable to pay levy
13
The disposer is liable to pay the levy.
14
7 Amount of levy
15
(1) The amount of levy on a disposal of manufactured feed is:
16
(a)
nil;
or
17
(b) if the regulations provide for working out the amount--the
18
amount worked out in accordance with the regulations.
19
(2) Regulations for the purposes of paragraph (1)(b) may prescribe
20
different ways of working out amounts of levy on disposals of
21
different kinds of manufactured feed.
22
Example: The regulations may prescribe different ways of working out amounts
23
of levy on disposals of feed manufactured using different processes.
24
(3) The amount of levy on a disposal of a worm treatment is:
25
(a)
nil;
or
26
(b) if the regulations provide for working out the amount--the
27
amount worked out in accordance with the regulations.
28
Section 8
4 Horse Disease Response Levy Bill 2011 No. , 2011
(4) Regulations for the purposes of paragraph (3)(b) may prescribe
1
different ways of working out amounts of levy on disposals of
2
different worm treatments.
3
8 Act does not impose levy on property of a State
4
(1) This Act does not impose a tax on property of any kind belonging
5
to a State.
6
(2) In this section:
7
property of any kind belonging to a State has the same meaning as
8
in section 114 of the Constitution.
9
(3) For the purposes of this section, assume that a reference in
10
section 114 of the Constitution to a State includes a reference to the
11
Australian Capital Territory and the Northern Territory.
12
9 Regulations
13
(1) The Governor-General may make regulations prescribing matters
14
required or permitted by this Act to be prescribed.
15
(2) Before the Governor-General makes a regulation for working out
16
an amount for the purposes of paragraph 7(1)(b) or (3)(b), the
17
Minister must consider whether the proposed regulation is
18
consistent with the provisions of the EADR agreement for meeting
19
the horse industry's liability to the Commonwealth under that
20
agreement for cost sharing.
21
(3) Subsection (2) does not apply if the parties to the EADR agreement
22
do not include a body representative of the horse industry.
23

 


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