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PRIMARY INDUSTRIES (EXCISE) LEVIES ACT 1999 - SCHEDULE 1
-- Beef production
SECT 1
Definitions
In this Schedule:
"cattle" means bovine animals other than buffalo.
"cold carcase weight" means the weight of a carcase weighed 2 hours or more
after slaughter.
"hot carcase weight" means the weight of a carcase weighed within 2 hours
after slaughtering.
"marketing body" has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997 .
"research body" has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997 .
"weighing period", in relation to a carcase, means the period of time between
slaughter and the earlier of the following events:
- (a)
- the lodging of the monthly return (as required by the Primary Industries
Levies and Charges Collection (Cattle and Live-stock) Regulations) in which
the hot carcase weight of the carcase should be included;
- (b)
- levy on the carcase becomes due for payment (as provided in the Primary
Industries Levies and Charges Collection (Cattle and Live-stock) Regulations).
SECT 2
Imposition of levy
- (1)
- Levy is imposed on the slaughter at an abattoir of cattle for human
consumption, if the slaughter occurs after the commencement of this Schedule.
- (2)
- Levy is not imposed by this Schedule on the slaughter of cattle the
carcases of which are, under any applicable law of the Commonwealth or of a
State or Territory, condemned or rejected as being unfit for human
consumption.
- (3)
- The regulations may provide that no amount of levy is payable by owners of
cattle under this Schedule.
- (4)
- Despite anything else in this Schedule, if a regulation of the kind
referred to in subclause (3) is made, an amount of levy is not payable under
this Schedule on the slaughter of cattle in respect of any period while the
regulation is in force.
SECT 3
Rate of levy
- (1)
- The rate of levy imposed by this Schedule on the slaughter of cattle
consists of the sum of the amounts, per kilogram of the carcase of each head
of cattle slaughtered, that are referred to in the following paragraphs:
- (a)
- the prescribed amount (not exceeding 6 cents);
- (b)
- the prescribed amount (not exceeding 1 cent).
- Note 1: Paragraph (a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997 , are destined for the
marketing body.
Note 2: Paragraph (b) identifies amounts that, under the Australian Meat and
Live-stock Industry Act 1997 , are destined for the research body.
- (2)
- For the purposes of the calculation of levy imposed by this Schedule, the
weight of a carcase is its hot carcase weight.
- (3)
- If an abattoir does not determine the hot carcase weight of a carcase,
then, depending on which circumstance in the table is applicable, the hot
carcase weight is taken to be the weight specified in the table, and that
weight is taken to have been determined at the time of completing the
slaughter.
| Hot carcase weight |
|---|
| Item | Circumstance | Hot carcase weight |
| 1 | The abattoir is
able to determine a hot carcase weight but fails to do so. | 240 kilograms |
| 2 |
The abattoir is unable to determine a hot carcase weight but determines a cold
carcase weight within the weighing period. | Cold carcase weight multiplied by
1.03 |
| 3 | The abattoir is unable to determine a hot carcase weight, is able to
determine a cold carcase weight but fails to do so within the weighing period.
| 240 kilograms |
| 4 | The abattoir is unable to determine a hot carcase weight and
is unable to determine a cold carcase weight within the weighing period. | 240
kilograms |
- Note: Section 24A of the Primary Industries Levies and Charges
Collection Act 1991 creates offences that apply in the following situations:
(a) an abattoir is able to determine a hot carcase weight but fails to do so;
(b) an abattoir is unable to determine a hot carcase weight, is able to
determine a cold carcase weight within the weighing period but fails to do so.
SECT 4
Who pays the levy
The levy imposed by this Schedule on the slaughter of cattle is payable by the
owner of the cattle immediately after their hot carcase weight is determined
or taken to have been determined, as the case requires.
SECT 5
Regulations
- (1)
- The Minister may, by notice in the Gazette , declare a body to be the body
whose recommendation about the amount to be prescribed for the purposes of
paragraph 3(1)(a) or 3(1)(b) of this Schedule are to be taken into
consideration under subclause (2).
- (2)
- If a declaration is in force under subclause (1), then, before the
Governor-General makes regulations for the purposes of the paragraph to which
the declaration relates, the Minister must take into consideration any
relevant recommendation made to the Minister by the body specified in the
declaration in relation to that paragraph.
SECT 6
Transitionalregulations
- (1)
- This clause applies to regulations if:
- (a)
- the regulations were made for the purposes of a particular provision of
the Beef Production Levy Act 1990 ; and
- (b)
- the regulations were in force immediately before the commencement of this
clause.
- (2)
- The regulations have effect, after the commencement of this clause, as if
they had been made for the purposes of the corresponding provision of this
Schedule.
SECT 7
Transitionaldeclarations
- (1)
- This clause applies to a declaration if:
- (a)
- the declaration was made for the purposes of a particular provision of the
Beef Production Levy Act 1990 ; and
- (b)
- the declaration was in force immediately before the commencement of this
clause.
- (2)
- The declaration has effect, after the commencement of this clause, as if
it had been made for the purposes of the corresponding provision of this
Schedule.
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