New South Wales Consolidated Acts

AGRICULTURAL LIVESTOCK (DISEASE CONTROL FUNDING) ACT 1998 - SECT 12B

12B Establishment of transaction based contribution schemes

(1) The Minister may, by order published in the Gazette, establish a scheme for the collection from designated livestock producers of contributions based on their livestock transactions for payment into the industry fund for the designated disease control program concerned (a "transaction based contribution scheme").

(2) A transaction based contribution scheme is to make provision for or with respect to the following matters:

(a) the livestock transactions by reference to which contributions under the scheme are to be collected,

(b) the designated livestock producers from whom contributions are to be collected under the scheme,

(c) the amount of a contribution (or the manner in which the amount of a contribution is to be calculated) under the scheme,

(d) the times and manner in which contributions are to be collected under the scheme and paid into the industry fund for which the scheme is established,

(e) the collection agents who are authorised to collect contributions for the scheme.

(3) A transaction based contribution scheme may also:

(a) extend the period within which a transaction based contributor may apply for a refund of a transaction based contribution for the purposes of section 12E (1), and

(b) authorise the payment of fees to collection agents for the scheme out of the industry fund concerned and specify the fees that are payable.

(4) The Minister may not establish a transaction based contribution scheme for an industry fund unless:

(a) the Minister has been advised by the industry advisory committee concerned that the scheme is necessary to provide sufficient funds to provide the designated disease control program concerned, and

(b) the Minister is satisfied that the relevant livestock industry has been consulted concerning the establishment of the scheme.

(5) A statement in an order made under this section that the Minister has complied with the requirements of subsection (4) is conclusive evidence of compliance with those requirements.

(6) Sections 40 (Notice of statutory rules to be tabled) and 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule.