2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Horse Disease Response Levy Bill 2008 No. , 2008 (Agriculture, Fisheries and Forestry) A Bill for an Act to impose a levy on the registration of horses, and for related purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Definitions .......................................................................................... 1 4 Imposition of levy............................................................................... 2 5 Rate of levy......................................................................................... 2 6 Who pays the levy .............................................................................. 2 7 Declaration of horse industry body..................................................... 2 8 Act does not impose levy on property of a State................................ 3 9 Regulations ......................................................................................... 3 i Horse Disease Response Levy Bill 2008 No. , 2008 [Page Break] 2 registration of horses, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Horse Disease Response Levy Act 6 2008. 7 2 Commence ment 8 This Act commences on the day after it receives the Royal Assent. 9 3 Definitions 10 In this Act: 11 horse includes a pony. Horse Disease Response Levy Bill 2008 No. , 2008 1 [Page Break] 1 horse industry body means a body declared to be a horse industry 2 body under subsection 7(1). 3 horse registration body means: 4 (a) a person or body in Australia with whom a horse may be 5 registered; or 6 (b) a person or body specified in, or included in a class of 7 persons or bodies specified in, the regulations. 8 owner, in relation to a horse, means the person who will become, 9 on registration of the horse, the registered owner. 10 4 Imposition of levy 11 (1) Horse disease response levy is imposed on the first registration of a 12 horse with a horse registration body that occurs on or after the day 13 on which this Act commences. 14 (2) Horse disease response levy is not imposed on any subsequent 15 registration of the horse, even if a subsequent registration is with 16 another horse registration body. 17 5 Rate of levy 18 (1) The regulations may fix a rate of horse disease response levy. 19 (2) The regulations may provide that the rate of horse disease response 20 levy is zero. 21 6 Who pays the levy 22 Horse disease response levy is payable by the owner of a horse. 23 7 Declaration of horse industry body 24 (1) If the Minister considers that a body is a national body which is 25 representative of the horse industry, the Minister may, by writing, 26 declare the body to be a horse industry body. 27 (2) A declaration is not a legislative instrument. 2 Horse Disease Response Levy Bill 2008 No. , 2008 [Page Break] 1 8 Act does not impose levy on property of a State 2 (1) This Act does not impose a tax on property of any kind belonging 3 to a State. 4 (2) In this section: 5 property of any kind belonging to a State has the same meaning as 6 in section 114 of the Constitution. 7 (3) For the purposes of this section, it is to be assumed that a reference 8 in section 114 of the Constitution to a State includes a reference to 9 the Australian Capital Territory and the Northern Territory. 10 9 Regulations 11 (1) The Governor-General may make regulations prescribing matters: 12 (a) required or permitted by this Act to be prescribed; or 13 (b) necessary or convenient to be prescribed for carrying out or 14 giving effect to this Act. 15 (2) Before the Governor-General makes regulations for the purpose of 16 section 5, the Minister must take into consideration any relevant 17 recommendations made to the Minister by a horse industry body. Horse Disease Response Levy Bill 2008 No. , 2008 3