National Cattle Disease Eradication Reserve Act 1991

National Cattle Disease Eradication Account Act 1991 Act No. 23 of 1991 as amended This compilation was prepared on 5 December 2006 taking into account amendments up to Act No. 139 of 2006 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra National Cattle Disease Eradication Account Act 1991 iii Contents 1 Short title [see Note 1] ....................................................................... 1 2 Commencement [see Note 1]............................................................. 1 3 Interpretation ..................................................................................... 1 4 National Cattle Disease Eradication Account .................................... 1 4A Account’s component of charge ........................................................ 1 4B Account’s component of levy ............................................................ 2 5 Credit of amounts to Account ............................................................ 2 6 Application of National Cattle Disease Eradication Account ............ 4 Notes 5 National Cattle Disease Eradication Account Act 1991 1 An Act to establish the National Cattle Disease Eradication Account, and for related purposes 1 Short title [see Note 1] This Act may be cited as the National Cattle Disease Eradication Account Act 1991. 2 Commencement [see Note 1] This Act commences at the commencement of the Primary Industries Levies and Charges Collection Act 1991. 3 Interpretation In this Act, unless the contrary intention appears: Account means the National Cattle Disease Eradication Account continued in existence by section 4. Account’s component of charge has the meaning given by section 4A. Account’s component of levy has the meaning given by section 4B. 4 National Cattle Disease Eradication Account (1) There is continued in existence the National Cattle Disease Eradication Account. Note: The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999. (2) The Account is a Special Account for the purposes of the Financial Management and Accountability Act 1997. 4A Account’s component of charge For the purposes of this Act, the Account’s component of charge is any of the following amounts: Section 4B 2 National Cattle Disease Eradication Account Act 1991 (a) an amount of charge covered by paragraph 2(b) of Schedule 1 to the Primary Industries (Customs) Charges Act 1999; (b) an amount of charge covered by paragraph 3(1)(c) of Schedule 3 to the Primary Industries (Customs) Charges Act 1999; (c) an amount of charge covered by paragraph 3(2)(c) of Schedule 3 to the Primary Industries (Customs) Charges Act 1999. 4B Account’s component of levy For the purposes of this Act, the Account’s component of levy is any of the following amounts: (a) an amount of levy covered by paragraph 2(b) of Schedule 2 to the Primary Industries (Excise) Levies Act 1999; (b) an amount of levy covered by paragraph 6(1)(c) of Schedule 3 to the Primary Industries (Excise) Levies Act 1999; (c) an amount of levy covered by paragraph 6(2)(c) of Schedule 3 to the Primary Industries (Excise) Levies Act 1999; (d) an amount of levy covered by paragraph 6(3)(c) of Schedule 3 to the Primary Industries (Excise) Levies Act 1999. 5 Credit of amounts to Account (1) There are to be credited to the Account: (aaa) amounts equal to the amounts received by the Commonwealth by way of the Account’s component of charge; and (aab) amounts equal to the amounts received by the Commonwealth by way of the Account’s component of levy; and (a) amounts equal to the amounts of levy received by the Commonwealth (whether before or after the commencement of this paragraph) because of paragraphs 6(1)(d), 6C(1)(d), 6E(1)(d) and 6F(1)(d) of the repealed Live-stock Slaughter Levy Act 1964 as in force at any time before 1 July 1995; Section 5 National Cattle Disease Eradication Account Act 1991 3 (aa) amounts equal to the amounts of levy received by the Commonwealth because of paragraph 6C(b) of the repealed Live-stock Slaughter Levy Act 1964 as in force at any time on or after 1 July 1995; and (ab) amounts equal to the amounts of levy received by the Commonwealth because of paragraph 5(b) of the repealed Buffalo Slaughter Levy Act 1997; and (b) amounts equal to the amounts of charge received by the Commonwealth (whether before or after the commencement of this paragraph) because of paragraphs 7(1)(c) and 10(1)(c) of the repealed Live-stock Export Charge Act 1977 as in force at any time before 1 July 1995; and (ba) amounts equal to the amounts of charge received by the Commonwealth because of paragraph 10(b) of the repealed Live-stock Export Charge Act 1977 as in force at any time on or after 1 July 1995; and (baa) amounts equal to the amounts of charge received by the Commonwealth because of paragraph 6(b) of the repealed Buffalo Export Charge Act 1997; and (bb) amounts equal to the amounts of levy received by the Commonwealth (whether before or after the commencement of this paragraph) because of paragraphs 6(1)(c) and (2)(c) of the repealed Cattle Transaction Levy Act 1990; and (bc) amounts equal to the amounts of levy received by the Commonwealth because of paragraphs 5(1)(d) and (2)(d) of the repealed Cattle Transaction Levy Act 1995; and (bca) amounts equal to the amounts of levy received by the Commonwealth because of paragraphs 7(1)(c), 7(2)(c) and 7(3)(c) of the repealed Cattle Transactions Levy Act 1997; and (bd) amounts equal to the amounts of charge received by the Commonwealth because of paragraphs 6A(1)(d), (2)(d) and (3)(d) of the repealed Cattle Export Charges Act 1990; and (be) amounts equal to the amounts of charge received by the Commonwealth because of paragraphs 5(1)(c) and 5(2)(c) of the repealed Cattle (Producers) Export Charges Act 1997; and (d) amounts equal to interest from the investment of an amount standing to the credit of the Account. Section 6 4 National Cattle Disease Eradication Account Act 1991 Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act. 6 Application of National Cattle Disease Eradication Account (1) The amount standing to the credit of the Account may, with the approval of the Minister, be debited for the following purposes: (a) making payments to the States, and in meeting costs incurred by the Commonwealth, for the purpose of the eradication of any disease of cattle that is endemic in Australia; (b) making payments in respect of any expenses connected with the eradication of any disease of cattle that is endemic in Australia that have been paid by the Commonwealth and have not been debited from the Account; (c) making payments to the trustee of the Cattle Disease Contingency Fund Trust for the purposes of the Trust. (2) An amount that has been credited to the Account under an Appropriation Act, may be debited from the Account. (3) In this section: Cattle Disease Contingency Fund Trust means the trust established by deed made on 13 February 2002 between the Australian Animal Health Council Limited and the Cattle Disease Contingency Fund Pty Ltd. Notes to the National Cattle Disease Eradication Account Act 1991 Table of Acts National Cattle Disease Eradication Account Act 1991 5 Notes to the National Cattle Disease Eradication Account Act 1991 Note 1 The National Cattle Disease Eradication Account Act 1991 as shown in this compilation comprises Act No. 23, 1991 amended as indicated in the Tables below. For all relevant information pertaining to application, saving or transitional provisions see Table A. Table of Acts Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions National Cattle Disease Eradication Trust Account Act 1991 23, 1991 22 Feb 1991 1 July 1991 (see s. 2) National Cattle Disease Eradication Trust Account Amendment Act 1995 78, 1995 30 June 1995 Schedule (item 1): 1 July 1991 Remainder: 1 July 1995 — Audit (Transitional and Miscellaneous) Amendment Act 1997 152, 1997 24 Oct 1997 Schedule 2 (items 939–948): 1 Jan 1998 (see Gazette 1997, No. GN49) (a) — Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997 207, 1997 17 Dec 1997 Schedule 3 (items 2–6): 1 July 1998 (see Gazette 1997, No. GN22) (b) Schedule 5 (item 21) as amended by Statute Law Revision Act 2006 9, 2006 23 Mar 2006 Schedule 2 (item 7): (c) — Primary Industries Levies and Charges (Consequential Amendments) Act 1999 32, 1999 14 May 1999 Schedule 8: 1 July 1999 (d) — Financial Framework Legislation Amendment Act 2005 8, 2005 22 Feb 2005 S. 4 and Schedule 1 (items 174–190, 496): Royal Assent S. 4 and Sch. 1 (item 496) National Cattle Disease Eradication Account Amendment Act 2006 139, 2006 30 Nov 2006 30 Nov 2006 — Notes to the National Cattle Disease Eradication Account Act 1991 Act Notes 6 National Cattle Disease Eradication Account Act 1991 (a) The National Cattle Disease Eradication Account Act 1991 was amended by Schedule 2 (items 939–948) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows: (2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997. (b) The National Cattle Disease Eradication Account Act 1991 was amended by Schedule 3 (items 2–6) only of the Australian Meat and Live-Stock Industry (Repeals and Consequential Provisions) Act 1997, subsection 2(4) of which provides as follows: (4) Subject to this section, the remaining provisions of this Act commence on the same day as Part 3 of the Australian Meat and Live-stock Industry Act 1997. (c) Subsection 2(1) (item 24) of the Statute Law Revision Act 2006 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 24. Schedule 2, item 7 Immediately after the time specified in the Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997 for the commencement of item 6 of Schedule 3 to that Act. 1 July 1998 (d) The National Cattle Disease Eradication Account Act 1991 was amended by Schedule 8 only of the Primary Industries Levies and Charges (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999. Notes to the National Cattle Disease Eradication Account Act 1991 Table of Amendments National Cattle Disease Eradication Account Act 1991 7 Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected Title ......................................... am. No. 152, 1997; No. 8, 2005 S. 1 .......................................... am. No. 152, 1997; No. 8, 2005 S. 3 .......................................... am. No. 152, 1997; No. 32, 1999; No. 8, 2005 S. 4 .......................................... rs. No. 152, 1997; No. 8, 2005 Heading to s. 4A ...................... am. No. 8, 2005 S. 4A ....................................... ad. No. 32, 1999 am. No. 8, 2005 Heading to s. 4B ...................... am. No. 8, 2005 S. 4B ....................................... ad. No. 32, 1999 am. No. 8, 2005 Heading to s. 5 ........................ am. No. 152, 1997 rs. No. 8, 2005 S. 5 .......................................... am. No. 78, 1995; Nos. 152 and 207, 1997; No. 32, 1999; No. 8, 2005 Note to s. 5(1) .......................... ad. No. 8, 2005 Heading to s. 6 ........................ am. No. 152, 1997 S. 6 .......................................... am. No. 152, 1997 rs. No. 8, 2005 am. No. 139, 2006 Notes to the National Cattle Disease Eradication Account Act 1991 Table A 8 National Cattle Disease Eradication Account Act 1991 Table A Application, saving or transitional provisions Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997 (No. 207, 1997) Schedule 5 21 Saving: levies and charges (1) Despite: (a) the repeal or amendment by this Act of another Act that imposes a levy or charge; and (b) the amendment by this Act of the Primary Industries Levies and Charges Collection Act 1991; the Acts so repealed or amended, as the case may be, any regulations made under or for the purposes of those Acts, and any agreement between the Commonwealth and a State or Territory under any of those Acts, continue to apply in relation to levy or charge imposed before the commencement time as if the Acts had not been so repealed or amended. (2) If: (a) an amount was payable to a statutory authority under section 43, 125 or 203 of the Meat and Live-stock Industry Act 1995 before the commencement time; and (b) the amount had not been paid to the statutory authority before that time; an amount equal to that amount is to be paid to the prescribed industry body identified in writing by an authorised person. (3) If: (a) an amount (the received amount) is received or collected by the Commonwealth after the commencement time because of the operation of subitem (1); and (b) an amount equal to the whole or part of the received amount would have been payable to a statutory authority under section 43, 125 or 203 of the Meat and Live-stock Industry Notes to the National Cattle Disease Eradication Account Act 1991 Table A National Cattle Disease Eradication Account Act 1991 9 Act 1995 if the Commonwealth had received or collected the received amount before the commencement time; an amount equal to the amount that would have been payable to the statutory authority in the circumstances referred to in paragraph (b) is to be paid to the prescribed industry body identified in writing by an authorised person. (4) If: (a) before the commencement time an amount was payable to a prescribed body or into a prescribed account under another Act; and (b) the amount had not been paid to the body or into the account before that time; an amount equal to that amount is to be paid to the body, or into the account, as the case requires. (5) If: (a) an amount (the received amount) is received or collected by the Commonwealth after the commencement time because of the operation of subitem (1); and (b) an amount equal to the whole or part of the received amount would have been payable to a prescribed corporation or into a prescribed account under another Act if the Commonwealth had received or collected the received amount before the commencement time; an amount equal to the amount that would have been payable to the corporation, or into the account, in the circumstances referred to in paragraph (b) is to be paid to the corporation, or into the account, as the case requires. (6) Amounts payable under this item are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly. (7) In this item: National Cattle Disease Eradication Account means: (a) the trust account called the National Cattle Disease Eradication Trust Account continued in existence by section 4 of the National Cattle Disease Eradication Trust Account Act 1991; or Notes to the National Cattle Disease Eradication Account Act 1991 Table A 10 National Cattle Disease Eradication Account Act 1991 (b) the reserve called the National Cattle Disease Eradication Reserve established by section 4 of the National Cattle Disease Eradication Reserve Act 1991. prescribed account means: (a) the National Cattle Disease Eradication Account; or (b) the National Residue Survey Account established by subsection 6(1) of the National Residue Survey Administration Act 1992. prescribed corporation means: (a) the Australian Animal Health Council Limited, A.C.N. 071-890-956; or (b) the Rural Industries Research and Development Corporation. Financial Framework Legislation Amendment Act 2005 (No. 8, 2005) 4 Saving of matters in Part 2 of Schedule 1 (1) If: (a) a decision or action is taken or another thing is made, given or done; and (b) the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act; then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended. (2) In this section: Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1. Notes to the National Cattle Disease Eradication Account Act 1991 Table A National Cattle Disease Eradication Account Act 1991 11 Schedule 1 496 Saving provision—Finance Minister’s determinations If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.