HORSE DISEASE RESPONSE LEVY (CONSEQUENTIAL AMENDMENTS) BILL 2008

i Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 2

Schedule 1--Amendme nt of the Australian Animal Health

Council (Live-stock Industries) Funding Act 1996

Australian Animal Health Council (Live-stock Industries) Funding Act

1996

Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 1

A Bill for an Act to deal with consequential matters

relating to the enactment of the Horse Disease

Response Levy Act 2008, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Horse Disease Response Levy

(Consequential Amendments) Act 2008.

2 Commence ment

This Act commences on the day after it receives the Royal Assent.

Amend ment of the Australian Animal Health Council (Live-stock Industries) Funding

Act 1996 Schedule 1

Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 3

Schedule 1

Amendment of the Australian

Animal Health Council (Live-stock

Industries) Funding Act 1996

Australian Animal Health Council (Live-stock Industries)

Funding Act 1996

1 Section 3

Insert:

horse has the same meaning as in the Horse Disease Response

Levy Act 2008.

2 Section 3

Insert:

horse disease response levy means levy of that name imposed by

the Horse Disease Response Levy Act 2008.

3 After paragraph 4(2)(a)

Insert:

(aa) amounts of horse disease response levy;

4 At the end of subsection 4(2)

Add:

; (c) amounts of penalty paid under section 10 of the Horse

Disease Response Levy Collection Act 2008 in relation to a

failure to pay horse disease response levy by the time it

became due for payment.

5 Subsection 4(3)

Repeal the subsection, substitute:

Australian Animal Health Council's obligation to apply a

Commonwealth payment

(3) A payment (the Commonwealth payment) under subsection (2)

relating to:

Schedule 1 A mendment of the Australian Animal Health Council (Live-stock

Industries) Funding Act 1996

4 Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008

(a) a levy or charge and to an animal product; or

(b) horse disease response levy;

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), (7A) and (8).

Liability of Australian Animal Health Council to repay

Commonwealth

(3A) However, if a non-government body that is concerned with the

horse industry is not a party to the EADR agreement at the time

that a Commonwealth payment relating to horse disease response

levy is made, the Australian Animal Health Council must, after

applying the payment in accordance with the first priority, pay the

balance of the payment to the Commonwealth within 28 days after

the day on which the payment is made.

Setting off liabilities under subsection (3A) against a future

Commonwealth payment

(3B) The Commonwealth may set off an amount that is payable to it

under subsection (3A) against a Commonwealth payment, to the

extent that it relates to horse disease response levy, that is payable

to the Australian Animal Health Council under subsection (2).

Note 1: The following heading to subsection 4(1) is inserted "Commonwealth obligation to pay

the Australian Animal Health Council".

Note 2: The following heading to subsection 4(4) is inserted "First priority: administrative

costs".

6 Subsections 4(5) and (6)

Repeal the subsections, substitute:

Second priority: discharging liabilities under EADR agreement

(5) The second priority is to apply the Commonwealth payment in the

following way:

(a) to the extent that the Commonwealth payment relates to a

levy or charge and to an animal product--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:

Amend ment of the Australian Animal Health Council (Live-stock Industries) Funding

Act 1996 Schedule 1

Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 5

(i) to the Commonwealth for the purpose of discharging a

liability of the body to the Commonwealth that arises

under the EADR agreement; or

(ii) 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;

(b) to the extent that the Commonwealth payment relates to

horse disease response levy--in making, on behalf of a

non-government body that is a party to the EADR agreement

and is concerned with the horse industry, a payment to the

Commonwealth for the purpose of discharging a liability of

the body to the Commonwealth that arises under the EADR

agreement.

Note:

Paragraph (a)--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.

Third priority: other response purposes

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

following way:

(a) to the extent that the Commonwealth payment relates to a

levy or charge and to an animal product--in:

(i) making a payment to an organisation that is concerned

with research and development relevant to production of

the animal product; or

(ii) taking measures relating to the promotion or

maintenance of the health of animals to which the

animal product relates;

(b) to the extent that the Commonwealth payment relates to

horse disease response levy--in:

(i) making a payment to an organisation that is concerned

with research and development relevant to the horse

industry; or

(ii) taking measures relating to the promotion or

maintenance of the health of horses.

Schedule 1 A mendment of the Australian Animal Health Council (Live-stock

Industries) Funding Act 1996

6 Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008

7 Subsection 4(7)

After "Commonwealth payment", insert ", to the extent that it relates to

a levy or charge and to the animal product,".

Note:

The following heading to subsection 4(7) is inserted "Third priority only to be applied

on request".

8 After subsection 4(7)

Insert:

(7A) The Australian Animal Health Council is to apply the

Commonwealth payment, to the extent that it relates to horse

disease response levy, in accordance with the third priority only:

(a) on request by a non-government body that is a party to the

EADR agreement and is concerned with the horse industry;

and

(b) in the way that that body requests.

Note:

The following heading to subsection 4(8) is inserted "Applying the priorities".

9 Paragraph 6(1)(a)

Repeal the paragraph, substitute:

(a) a person pays:

(i) an amount by way of levy, charge or penalty described

in subsection 4(2) relating to an animal product; or

(ii) an amount of horse disease response levy or penalty in

relation to a failure to pay such levy; and

10 Paragraph 6(3)(a)

Omit "the animal product", substitute "an animal product".

11 Subsection 6(3) (note)

After "subsection 4(2)", insert "that relate to the animal product".

12 After subsection 6(3)

Insert:

(3A) Each payment under subsection 4(2):

(a) that relates to horse disease response levy; and

(b) that exceeds the amount it should have been because of

subsection (2) of this section;

Amend ment of the Australian Animal Health Council (Live-stock Industries) Funding

Act 1996 Schedule 1

Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008 7

is made subject to the condition that the excess is a debt due by the

Australian Animal Health Council to the Commonwealth, and that

the Australian Animal Health Council comply with

subsection (5A) (if applicable).

Note:

Some or all of this debt may be discharged if the Commonwealth

expects it will not be able to set this debt off against future payments

under subsection 4(2) that relate to horse disease response levy, and if

past payments under that subsection have already been applied. See

subsections (5A) and (6A).

13 Subsection 6(4)

Repeal the subsection, substitute:

Setting off a liability against future payments

(4) The Commonwealth may set off:

(a) the excess referred to in subsection (3) against an amount that

is payable to the Australian Animal Health Council under

subsection 4(2) in relation to an animal product; and

(b) the excess referred to in subsection (3A) against an amount

that is payable to the Australian Animal Health Council

under subsection 4(2) in relation to horse disease response

levy.

14 Paragraph 6(5)(a)

Omit "subsection (4)", substitute "paragraph (4)(a)".

15 Paragraph 6(5)(b)

Omit "the animal product", substitute "an animal product".

16 After subsection 6(5)

Insert:

(5A) If:

(a) the Secretary of the Department gives written notice to the

Australian Animal Health Council that the Secretary expects

the Commonwealth will not be able to set off under

paragraph (4)(b) a specified amount of the excess; and

(b) the Australian Animal Health Council is yet to fully apply

one or more Commonwealth payments (as defined in

section 4) relating to horse disease response levy;

Schedule 1 A mendment of the Australian Animal Health Council (Live-stock

Industries) Funding Act 1996

8 Horse Disease Response Levy (Consequential Amendments) Bill 2008 No. , 2008

the Australian Animal Health Council must, before applying those

Commonwealth payments in accordance with the third priority in

that section, apply those Commonwealth payments in paying the

Commonwealth as much as possible of that specified amount.

17 Subsection 6(6)

After "The debt", insert "referred to in subsection (5)".

18 Subsection 6(6) (note)

Omit "subsection (4)", substitute "paragraph (4)(a)".

19 After subsection 6(6)

Insert:

(6A) The debt referred to in subsection (5A) is discharged by this

subsection to the extent of the difference (if any) between:

(a) the amount specified in a notice described in

paragraph (5A)(a); and

(b) the amount (if any) paid to the Commonwealth under

subsection (5A) by the Australian Animal Health Council in

connection with the notice.

Note:

A set-off under paragraph (4)(b) of an amount of the excess, or a

payment to the Commonwealth under subsection (5A), also discharges

the debt to the extent of that amount or payment.

20 At the end of section 6

Add:

(8) Subsections 4(3) and (7A) have effect subject to subsections (3A)

and (5A) of this section.

Commonwealth of Australia Bills

HORSE DISEASE RESPONSE LEVY (CONSEQUENTIAL AMENDMENTS) BILL 2008