Commonwealth Consolidated Acts

AUSTRALIAN ANIMAL HEALTH COUNCIL (LIVE-STOCK INDUSTRIES) FUNDING ACT 1996 - SECT 4

             (1)  The Commonwealth is to pay to the Australian Animal Health Council amounts equal to the following amounts:

                     (a)  amounts of Australian Animal Health Council levy collected or received by or on behalf of the Commonwealth on or after 1 July 1996;

                     (b)  amounts of penalty paid under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to a failure to pay Australian Animal Health Council levy by the time it became due for payment.

             (2)  The Commonwealth is to pay to the Australian Animal Health Council an amount equal to the sum of the following amounts less the Commonwealth's costs in collecting or recovering those amounts and in administering this subsection:

                     (a)  amounts of levy or charge:

                              (i)  imposed by regulations under Schedule 27 to the Primary Industries (Excise) Levies Act 1999 or Schedule 14 to the Primary Industries (Customs) Charges Act 1999 on an animal product (as defined in whichever one of those Schedules is relevant); and

                             (ii)  described in those regulations as EADR levy or EADR charge; and

                            (iii)  collected or received by or on behalf of the Commonwealth;

                     (b)  amounts of penalty paid under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to a failure to pay levy or charge described in paragraph (a) by the time it became due for payment.

             (3)  A payment (the Commonwealth payment ) under subsection (2) relating to a levy or charge and to an animal product is made subject to the condition that the Australian Animal Health Council apply the Commonwealth payment in accordance with the priorities in subsections (4), (5) and (6) and subject to subsections (7) and (8).

             (4)  The first priority is to apply the Commonwealth payment in meeting, or reimbursing the Australian Animal Health Council for meeting, costs the Council incurs:

                     (a)  in receiving and applying the Commonwealth payment in accordance with subsection (3); and

                     (b)  before or in the financial year in which the Commonwealth payment is made.

             (5)  The second priority is to apply the Commonwealth payment in making, on behalf of the non‑government body that is a party to the EADR agreement and is concerned with the production of the animal product, a payment:

                     (a)  to the Commonwealth for the purpose of discharging a liability of the body to the Commonwealth that arises under the EADR agreement; or

                     (b)  if the animal product is honey--to the Commonwealth or Plant Health Australia Limited (ACN 092 607 997) for the purpose of discharging a liability of the body to the Commonwealth relating to the Commonwealth's costs connected with a plant disease that is, may be or may have been spread by honey bees.

Note:          A payment to Plant Health Australia Limited may be made for the purpose of discharging a liability of the non‑government body concerned with honey production to the Commonwealth relating to a plant disease spread by honey bees if Plant Health Australia Limited is obliged to pay the Commonwealth on behalf of the body.

             (6)  The third priority is to apply the Commonwealth payment in:

                     (a)  making a payment to an organisation that is concerned with research and development relevant to production of the animal product; or

                     (b)  taking measures relating to the promotion or maintenance of the health of animals to which the animal product relates.

             (7)  If a body is declared under the relevant Schedule mentioned in subparagraph (2)(a)(i) as the designated body for the animal product, the Australian Animal Health Council is to apply the Commonwealth payment in accordance with the third priority only:

                     (a)  on request by the body; and

                     (b)  in the way that the body requests.

             (8)  It is not a contravention of the condition in subsection (3) for the Australian Animal Health Council to apply the Commonwealth payment in accordance with a lower priority if the Council cannot apply the payment in accordance with a higher priority. For this purpose, a priority set out in a later subsection is lower than a priority set out in an earlier subsection.