2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 (Agriculture, Fisheries and Forestry) A Bill for an Act to deal with consequential matters relating to the enactment of the Horse Disease Response Levy Act 2008, and for related purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 2 Schedule 1--Amendme nt of the Australian Animal Health Council (Live-stock Industries) Funding Act 1996 3 Australian Animal Health Council (Live-stock Industries) Funding Act 1996 3 i Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 [Page Break] 2 relating to the enactment of the Horse Disease 3 Response Levy Act 2008, and for related purposes 4 The Parliament of Australia enacts: 5 1 Short title 6 This Act may be cited as the Horse Disease Response Levy 7 (Consequential Amendments) Act 2008. 8 2 Commence ment 9 This Act commences on the day after it receives the Royal Assent. Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 1 [Page Break] 2 Each Act that is specified in a Schedule to this Act is amended or 3 repealed as set out in the applicable items in the Schedule 4 concerned, and any other item in a Schedule to this Act has effect 5 according to its terms. 6 2 Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 [Page Break] Act 1996 Schedule 1 1 2 Schedule 1--Amendment of the Australian 3 Animal Health Council (Live-stock 4 Industries) Funding Act 1996 5 6 Australian Animal Health Council (Live-stock Industries) 7 Funding Act 1996 8 1 Section 3 9 Insert: 10 horse has the same meaning as in the Horse Disease Response 11 Levy Act 2008. 12 2 Section 3 13 Insert: 14 horse disease response levy means levy of that name imposed by 15 the Horse Disease Response Levy Act 2008. 16 3 After paragraph 4(2)(a) 17 Insert: 18 (aa) amounts of horse disease response levy; 19 4 At the end of subsection 4(2) 20 Add: 21 ; (c) amounts of penalty paid under section 10 of the Horse 22 Disease Response Levy Collection Act 2008 in relation to a 23 failure to pay horse disease response levy by the time it 24 became due for payment. 25 5 Subsection 4(3) 26 Repeal the subsection, substitute: 27 Australian Animal Health Council's obligation to apply a 28 Commonwealth payment 29 (3) A payment (the Commonwealth payment) under subsection (2) 30 relating to: Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 3 [Page Break] Industries) Funding Act 1996 1 (a) a levy or charge and to an animal product; or 2 (b) horse disease response levy; 3 is made subject to the condition that the Australian Animal Health 4 Council apply the Commonwealth payment in accordance with the 5 priorities in subsections (4), (5) and (6) and subject to 6 subsections (7), (7A) and (8). 7 Liability of Australian Animal Health Council to repay 8 Commonwealth 9 (3A) However, if a non-government body that is concerned with the 10 horse industry is not a party to the EADR agreement at the time 11 that a Commonwealth payment relating to horse disease response 12 levy is made, the Australian Animal Health Council must, after 13 applying the payment in accordance with the first priority, pay the 14 balance of the payment to the Commonwealth within 28 days after 15 the day on which the payment is made. 16 Setting off liabilities under subsection (3A) against a future 17 Commonwealth payment 18 (3B) The Commonwealth may set off an amount that is payable to it 19 under subsection (3A) against a Commonwealth payment, to the 20 extent that it relates to horse disease response levy, that is payable 21 to the Australian Animal Health Council under subsection (2). 22 Note 1: The following heading to subsection 4(1) is inserted "Commonwealth obligation to pay 23 the Australian Animal Health Council". 24 Note 2: The following heading to subsection 4(4) is inserted "First priority: administrative 25 costs". 26 6 Subsections 4(5) and (6) 27 Repeal the subsections, substitute: 28 Second priority: discharging liabilities under EADR agreement 29 (5) The second priority is to apply the Commonwealth payment in the 30 following way: 31 (a) to the extent that the Commonwealth payment relates to a 32 levy or charge and to an animal product--in making, on 33 behalf of the non-government body that is a party to the 34 EADR agreement and is concerned with the production of the 35 animal product, a payment: 4 Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 [Page Break] Act 1996 Schedule 1 1 (i) to the Commonwealth for the purpose of discharging a 2 liability of the body to the Commonwealth that arises 3 under the EADR agreement; or 4 (ii) if the animal product is honey--to the Commonwealth 5 or Plant Health Australia Limited (ACN 092 607 997) 6 for the purpose of discharging a liability of the body to 7 the Commonwealth relating to the Commonwealth's 8 costs connected with a plant disease that is, may be or 9 may have been spread by honey bees; 10 (b) to the extent that the Commonwealth payment relates to 11 horse disease response levy--in making, on behalf of a 12 non-government body that is a party to the EADR agreement 13 and is concerned with the horse industry, a payment to the 14 Commonwealth for the purpose of discharging a liability of 15 the body to the Commonwealth that arises under the EADR 16 agreement. 17 Note: Paragraph (a)--a payment to Plant Health Australia Limited may be 18 made for the purpose of discharging a liability of the non-government 19 body concerned with honey production to the Commonwealth relating 20 to a plant disease spread by honey bees if Plant Health Australia 21 Limited is obliged to pay the Commonwealth on behalf of the body. 22 Third priority: other response purposes 23 (6) The third priority is to apply the Commonwealth payment in the 24 following way: 25 (a) to the extent that the Commonwealth payment relates to a 26 levy or charge and to an animal product--in: 27 (i) making a payment to an organisation that is concerned 28 with research and development relevant to production of 29 the animal product; or 30 (ii) taking measures relating to the promotion or 31 maintenance of the health of animals to which the 32 animal product relates; 33 (b) to the extent that the Commonwealth payment relates to 34 horse disease response levy--in: 35 (i) making a payment to an organisation that is concerned 36 with research and development relevant to the horse 37 industry; or 38 (ii) taking measures relating to the promotion or 39 maintenance of the health of horses. Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 5 [Page Break] Industries) Funding Act 1996 1 7 Subsection 4(7) 2 After "Commonwealth payment", insert ", to the extent that it relates to 3 a levy or charge and to the animal product,". 4 Note: The following heading to subsection 4(7) is inserted "Third priority only to be applied 5 on request". 6 8 After subsection 4(7) 7 Insert: 8 (7A) The Australian Animal Health Council is to apply the 9 Commonwealth payment, to the extent that it relates to horse 10 disease response levy, in accordance with the third priority only: 11 (a) on request by a non-government body that is a party to the 12 EADR agreement and is concerned with the horse industry; 13 and 14 (b) in the way that that body requests. 15 Note: The following heading to subsection 4(8) is inserted "Applying the priorities". 16 9 Paragraph 6(1)(a) 17 Repeal the paragraph, substitute: 18 (a) a person pays: 19 (i) an amount by way of levy, charge or penalty described 20 in subsection 4(2) relating to an animal product; or 21 (ii) an amount of horse disease response levy or penalty in 22 relation to a failure to pay such levy; and 23 10 Paragraph 6(3)(a) 24 Omit "the animal product", substitute "an animal product". 25 11 Subsection 6(3) (note) 26 After "subsection 4(2)", insert "that relate to the animal product". 27 12 After subsection 6(3) 28 Insert: 29 (3A) Each payment under subsection 4(2): 30 (a) that relates to horse disease response levy; and 31 (b) that exceeds the amount it should have been because of 32 subsection (2) of this section; 6 Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 [Page Break] Act 1996 Schedule 1 1 is made subject to the condition that the excess is a debt due by the 2 Australian Animal Health Council to the Commonwealth, and that 3 the Australian Animal Health Council comply with 4 subsection (5A) (if applicable). 5 Note: Some or all of this debt may be discharged if the Commonwealth 6 expects it will not be able to set this debt off against future payments 7 under subsection 4(2) that relate to horse disease response levy, and if 8 past payments under that subsection have already been applied. See 9 subsections (5A) and (6A). 10 13 Subsection 6(4) 11 Repeal the subsection, substitute: 12 Setting off a liability against future payments 13 (4) The Commonwealth may set off: 14 (a) the excess referred to in subsection (3) against an amount that 15 is payable to the Australian Animal Health Council under 16 subsection 4(2) in relation to an animal product; and 17 (b) the excess referred to in subsection (3A) against an amount 18 that is payable to the Australian Animal Health Council 19 under subsection 4(2) in relation to horse disease response 20 levy. 21 14 Paragraph 6(5)(a) 22 Omit "subsection (4)", substitute "paragraph (4)(a)". 23 15 Paragraph 6(5)(b) 24 Omit "the animal product", substitute "an animal product". 25 16 After subsection 6(5) 26 Insert: 27 (5A) If: 28 (a) the Secretary of the Department gives written notice to the 29 Australian Animal Health Council that the Secretary expects 30 the Commonwealth will not be able to set off under 31 paragraph (4)(b) a specified amount of the excess; and 32 (b) the Australian Animal Health Council is yet to fully apply 33 one or more Commonwealth payments (as defined in 34 section 4) relating to horse disease response levy; Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 7 [Page Break] Industries) Funding Act 1996 1 the Australian Animal Health Council must, before applying those 2 Commonwealth payments in accordance with the third priority in 3 that section, apply those Commonwealth payments in paying the 4 Commonwealth as much as possible of that specified amount. 5 17 Subsection 6(6) 6 After "The debt", insert "referred to in subsection (5)". 7 18 Subsection 6(6) (note) 8 Omit "subsection (4)", substitute "paragraph (4)(a)". 9 19 After subsection 6(6) 10 Insert: 11 (6A) The debt referred to in subsection (5A) is discharged by this 12 subsection to the extent of the difference (if any) between: 13 (a) the amount specified in a notice described in 14 paragraph (5A)(a); and 15 (b) the amount (if any) paid to the Commonwealth under 16 subsection (5A) by the Australian Animal Health Council in 17 connection with the notice. 18 Note: A set-off under paragraph (4)(b) of an amount of the excess, or a 19 payment to the Commonwealth under subsection (5A), also discharges 20 the debt to the extent of that amount or payment. 21 20 At the end of section 6 22 Add: 23 (8) Subsections 4(3) and (7A) have effect subject to subsections (3A) 24 and (5A) of this section. 8 Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008