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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Livestock Disease Control (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
PART 2--LIVESTOCK DISEASE CONTROL ACT 1994 3
3. Definitions 3
4. Cattle compensation 3
5. Cattle Compensation Advisory Committee 4
6. New Division 3A inserted in Part 5 4
Division 3A--Sheep and Goat Compensation 4
79A. Sheep and Goat Compensation Fund 4
79B. Payments out of the Fund 5
79C. Compensation for Johne's Disease only 6
79D. Amount of compensation 6
79E. Payment of compensation 8
79F. No compensation payable 9
79G. Compensation payable out of Fund 9
79H. Sale of carcases etc. 9
79I. Sheep and Goat Compensation Advisory Committee 10
7. Payment of duty 11
8. Duty stamps 12
9. Payment of duty by approved agents 12
10. Offences 13
11. New section 96A inserted 13
96A. Suspension of requirement to pay duty 13
12. Committees 14
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Clause Page
PART 3--STAMPS ACT 1958 15
13. Stamp duty on cattle sales 15
14. Sheep and goat duty 16
NOTES 17
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s. 2
PARLIAMENT OF VICTORIA
A BILL
to amend the Livestock Disease Control Act 1994 and the Stamps
Act 1958 to make further provision for livestock compensation funds
and for other purposes.
Livestock Disease Control (Amendment)
Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
Livestock Disease Control Act 1994 and the
5 Stamps Act 1958 to make further provision for
livestock disease compensation funds.
2. Commencement
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(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
5 day to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 June 1998, it
comes into operation on that day.
_______________
10
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Livestock Disease Control (Amendment) Act 1997
s. 3
Act No.
PART 2--LIVESTOCK DISEASE CONTROL ACT 1994
3. Definitions
Act No.
In section 3 of the Livestock Disease Control 115/1994.
Act 1994-- Amended by
Act Nos
5 (a) after the definition of "fodder" insert-- 92/1995 and
73/1996
' "goat" means buck, doe, kid or wether;';
(b) after the definition of "quarantine area"
insert--
' "residual value", in relation to any
10 livestock referred to in Part 5 which is
destroyed, means any money received
by the Secretary on the sale of the
carcase, wool, hide or offal of the
livestock;';
15 (c) after the definition of "Secretary" insert--
' "sheep" means any ewe, hoggett, lamb,
ram or wether;'.
4. Cattle compensation
In section 74 of the Livestock Disease Control
20 Act 1994--
(a) for "is the market value of the cattle"
substitute "must be calculated in accordance
with any criteria or method fixed by Order of
the Governor in Council with respect to any
25 disease or class of disease or any cattle or
class of cattle that is specified in the Order";
(b) for "they" substitute "the cattle".
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Act No.
5. Cattle Compensation Advisory Committee
In section 79(3) of the Livestock Disease Control
Act 1994--
(a) for "5" substitute "7";
5 (b) for paragraph (e) substitute--
"(e) one is to be the Chairman of the Cattle
Committee of the Victorian Farmers
Federation;
(f) one is to be the Chairman of the
10 Australian Meat Council, Victorian
Division;
(g) one is to be the Secretary.".
6. New Division 3A inserted in Part 5
After section 79 of Livestock Disease Control
15 Act 1994 insert--
"Division 3A--Sheep and Goat Compensation
79A. Sheep and Goat Compensation Fund
(1) There is established in the Public Account,
as part of the Trust Fund, an account known
20 as the Sheep and Goat Compensation Fund.
(2) There is to be paid to the credit of the
Fund--
(a) all money received by or for the
Commissioner of State Revenue as
25 stamp duty on statements and approved
agents' returns relating to the sale of
sheep or goats or the carcases of sheep
or goats under the Stamps Act 1958;
(b) the amounts of residual value of sheep
30 or goats sold under section 79H in
respect of which compensation is paid;
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(c) any money paid by the Commonwealth
for or in respect of compensation for
sheep or goats suffering from disease;
(d) all penalties recovered under section 91
5 relating to offences with respect to
sheep or goats;
(e) all interest earned on money in the
Fund.
(3) Money in the Fund may be invested in any
10 manner in which money may be invested
under the Trustee Act 1958 or any other
manner that the appropriate Minister
approves.
79B. Payments out of the Fund
15 (1) The Sheep and Goat Compensation Fund is
to be applied--
(a) to the payment, in accordance with this
Division, of claims for compensation;
(b) to the payment, in accordance with this
20 Division, of costs incurred in
connection with the transporting and
destroying of any sheep or goats if the
carcases of the sheep or goats are
condemned as unfit for human
25 consumption or if the sheep or goats are
ordered to be destroyed but die before
being destroyed.
(2) The Minister may make payments--
(a) from the capital of the Fund for
30 administering the provisions of this Act
relating to sheep and goats;
(b) from interest earned on money from the
Fund for programs and projects for the
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s. 6
Act No.
benefit of the sheep and goat industry
in Victoria;
(3) The Minister must not make a payment
under sub-section (2) unless the Minister has
5 considered any relevant recommendations
from the Sheep and Goat Compensation
Advisory Committee.
(4) If the Fund is insufficient to pay any amount
of compensation payable out of the Fund and
10 the Treasurer certifies that the amount is
required for the payment of compensation
under this section, the amount is to be paid
out of the Consolidated Fund which is, to the
necessary extent, appropriated accordingly.
15 79C. Compensation for Johne's Disease only
Compensation is only payable under this
Division in respect of Johne's Disease.
79D. Amount of compensation
(1) The amount of compensation payable for
20 sheep or goats which are destroyed or which,
after being ordered to be destroyed, die
before being destroyed must be calculated in
accordance with any criteria or method fixed
by Order of the Governor in Council with
25 respect to any sheep or goats or class of
sheep or goats specified in the Order whether
after destruction or death they are found to
be free from disease or not.
(2) The amount of compensation payable for any
30 one head of sheep or goat must not exceed
any amount that is fixed from time to time by
Order of the Governor in Council.
(3) The amount of compensation payable for
sheep or goats which have reached the
35 clinical stage of disease specified by Order
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in
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Council must not exceed the level or rate of
compensation fixed from time to time by
Order of the Governor in Council.
(4) The amount of compensation payable for any
5 diseased carcase condemned as unfit for
human consumption because of disease must
be in accordance with the scale of amounts
of compensation for those carcases fixed
from time to time by Order of the Governor
10 in Council.
79E. Payment of compensation
Compensation is payable--
(a) to the owner of any sheep or goats
destroyed by, or by order of, an
15 inspector under this Act because the
sheep or goats are suffering from or
suspected of suffering from disease; or
(b) to the owner of any sheep or goats
which are ordered to be destroyed by an
20 inspector under this Act because the
sheep or goats are suffering from or
suspected of suffering from disease and
which die before being destroyed; or
(c) to the owner of any sheep or goats
25 destroyed because of injury suffered by
the sheep or goats in the course of
administration of this Act; or
(d) to the owner of any carcase of sheep or
goats condemned under the Meat
30 Industry Act 1993 or the Export
Control Act 1982 of the
Commonwealth at any meat processing
facility by an inspector as unfit for
human consumption because of disease.
35
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79F. No compensation payable
No compensation is payable--
(a) if a portion only of a carcase is
condemned as unfit for human
5 consumption because of disease; or
(b) if the owner of any sheep or goat
visibly affected by disease has failed to
give any notice of the existence of the
disease required to be given under this
10 Act; or
(c) if the owner fails to satisfy the
Secretary that the stamp duty under the
Stamps Act 1958 has been paid in
respect of all of that owner's sheep or
15 goats; or
(d) if the owner fails to satisfy the
Secretary that the owner has complied
with the requirements of this Act
relating to claims for compensation.
20 79G. Compensation payable out of Fund
Compensation under this Division is payable
out of the Sheep and Goat Compensation
Fund.
79H. Sale of carcases etc.
25 (1) The Secretary may sell the carcase, wool,
hide and offal of any sheep or goats which
are destroyed.
(2) The amount of any money received for the
carcase, wool, hide or offal of sheep or goats
30 sold under sub-section (1) must be paid into
the Sheep and Goat Compensation Fund.
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Livestock Disease Control (Amendment) Act 1997
s. 6
Act No.
79I. Sheep and Goat Compensation Advisory
Committee
(1) There is established by this Act a committee
to be known as the Sheep and Goat
5 Compensation Advisory Committee.
(2) The functions of the Committee are to advise
the Minister about--
(a) the maximum amount of compensation
which should be payable under this
10 Division;
(b) payments which should be made under
section 79B(2);
(c) any other matter referred to it by the
Minister.
15 (3) The Committee consists of 7 members
appointed by the Minister, of whom --
(a) one is to be the President of the
Pastoral Group of the Victorian
Farmers Federation;
20 (b) one is to be the Chairman of the
Sheepmeats Committee of the Pastoral
Group of the Victorian Farmers
Federation;
(c) one is to be the Chairman of the Wool
25 Committee of the Pastoral Group of the
Victorian Farmers Federation;
(d) one is to be the President of the
Australian Association of Stud Sheep
Breeders;
30 (e) one is to be the President of the
Victorian Stock Agents Association;
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Act No.
(f) one is to be the President of the
National Meat Association, Victorian
Division;
(g) one is to be the Secretary.
5 (4) The Minister may appoint one of the
members of the Committee to be
chairperson.
(5) A member of the Committee may, by notice
in writing to the Minister, nominate another
10 person to act in the place of that member at
all meetings or any meeting of the
Committee. A person so nominated who
attends a meeting of the Committee may act
as if that person was a member of the
15 Committee and may vote on any matter for
resolution by the Committee.
(6) The provisions of Schedule 1 apply to the
Committee.".
7. Payment of duty
20 After section 92(1) of the Livestock Disease
Control Act 1994 insert--
"(1A) If an owner of sheep or goats sells the sheep
or goats or the carcases of the sheep or goats
over the hooks where the carcase is
25 purchased on a weight sale basis after the
animal has been slaughtered otherwise than
through an approved agent, the owner must
either personally or by his or her agent upon
the sale--
30 (a) write or cause to be written out a
statement setting out the number of
sheep, goats or carcases sold, the
amount of the purchase money in
respect of each sheep, goat or carcase
35 sold and the date of sale; and
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(b) affix to the statement sheep and goat
duty stamps to the amount of duty
payable under the Stamps Act 1958
and cancel the stamps; and
5 (c) give, or send by registered post, to the
purchaser of the sheep or goats or
carcases the statement within 7 days
after the sale.
Penalty: 10 penalty units.".
10 8. Duty stamps
(1) After section 93(1) of the Livestock Disease
Control Act 1994 insert--
"(1A) The stamp duties payable under the Stamps
Act 1958 on statements relating to sheep or
15 goats must be denoted by adhesive sheep and
goat duty stamps issued by the
Commissioner of State Revenue.".
(2) After section 93(3) of the Livestock Disease
Control Act 1994 insert--
20 "(3A) The words "sheep and goat duty" must be
printed on or form part of an adhesive sheep
and goat duty stamp.".
9. Payment of duty by approved agents
(1) After section 95(1) of the Livestock Disease
25 Control Act 1994 insert--
"(1A) An approved agent must not later than the
21st day of each month--
(a) furnish to the Commissioner of State
Revenue a return or returns in the
30 prescribed form verified in the
prescribed manner of sales of sheep and
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goats and the carcases of sheep and
goats during the last preceding month;
and
(b) pay in cash to the Commissioner as
5 sheep and goat duty on any such return
the stamp duty payable under the
Stamps Act 1958.".
(2) After section 95(5) of the Livestock Disease
Control Act 1994 insert--
10 "(5A) An approved agent must--
(a) issue to every purchaser of sheep or
goats or the carcases of sheep or goats
an invoice in the prescribed form
containing the prescribed particulars;
15 (b) endorse on the invoice the expression
"Vic Sheep and Goat Duty Paid" and
the number assigned to the approved
agent.".
10. Offences
20 In section 96(2) of the Livestock Disease Control
Act 1994 after "Vic Cattle Duty Paid" insert
", Vic Sheep and Goat Duty Paid".
11. New section 96A inserted
In Part 6 of the Livestock Disease Control Act
25 1994, after section 96 insert--
"96A. Suspension of requirement to pay duty
(1) The Governor in Council may from time to
time declare by Order that the provisions of
sections 92(1A) and 95(1A) have no force or
30 effect for any period, not exceeding 12
months, that is specified in the Order.
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(2) Sections 92(1A) and 95(1A) cease to have
any force or effect on and from a day
specified in the Order or, if no day is
specified in the Order, on and from the day
5 the Order is published in the Government
Gazette.
(3) An Order under this section may be extended
for any period not exceeding 12 months that
is specified by Order of the Governor in
10 Council.".
12. Committees
In Schedule 1 to the Livestock Disease Control
Act 1994 after clause 1(c) insert--
"; or
15 (d) the Sheep and Goat Industry Advisory
Committee.".
_______________
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Livestock Disease Control (Amendment) Act 1997
s. 13
Act No.
PART 3--STAMPS ACT 1958
13. Stamp duty on cattle sales
Act No. 6375.
In Part XVII of the Third Schedule to the Stamps
Reprinted to
Act 1958-- Act No.
10/1996 and
5 (a) in clause (1) (a) omit "or the sale of any further
carcase of any cattle sold over the hooks amended by
Act Nos
where the carcase is purchased on a weight 35/1996,
sale basis after the animal has been 42/96, 73/1996
and 84/1996.
slaughtered";
10 (b) in clause (1)(a) for "two cents ($0.02)"
substitute "five cents ($0.05)";
(c) in clause (1)(b) for "seven cents ($0.07)"
substitute "fifteen cents ($0.15)";
(d) after clause (1)(b) insert--
15 "(c) the sale of any cattle sold over the
hooks where the carcase is purchased
on a weight sale basis after the animal
has been slaughtered whether payment
of the purchase money for the sale is or
20 is not made in full at the time of the
sale or is to be made by instalments or
is otherwise deferred, for each
carcase--
(i) in the case of a carcase weighing
25 up to and including 250
kilograms--a stamp duty of
ninety cents ($0.90); and
(ii) in the case of a carcase weighing
more than 250 kilograms--a
30 stamp duty of one dollar and thirty
cents ($1.30).".
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s. 14
Act No.
14. Sheep and goat duty
After Part XVII of the Third Schedule to the
Stamps Act 1958 insert--
"PART XVIIA STATEMENTS AND RETURNS
5 ON SALES OF SHEEP AND GOATS
Any statement written out or caused to be
written out by the owner of sheep or goats or
the owner's agent or any approved agent's
return furnished to the Commissioner of
10 State Revenue under the Livestock Disease
Control Act 1994 in respect of the sale of
any sheep or goats or the carcases of any
sheep or goats sold over the hooks where the
carcase is purchased on a weight sale basis
15 after the animal has been slaughtered,
whether the payment of the purchase money
for the sale is made or is not made in full at
the time of the sale or is to be made by
instalments or is otherwise deferred, a stamp
20 duty of nine cents ($0.09).".
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Livestock Disease Control (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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