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Horse Disease Response Levy (Consequential Amendments) Bill 2008

Schedule 1 Amendment of the Australian Animal Health Counc il (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:

                     (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:

                              (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.

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;

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;

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.