Document ID: chunk:federal_register_of_legislation:C2011A00117:clause:1_4a:p1
Version: federal_register_of_legislation:C2011A00117
Segment Type: clause
Provision Reference: sch 1 cl 4A (pt 1/2)
Character Range: 3207–5999

4A  Transfer of funds relating to horse disease response levy to Australian Animal Health Council

Commonwealth payment to Australian Animal Health Council
 (1) The Commonwealth is to make a payment (the Commonwealth payment) to the Australian Animal Health Council of an amount equal to the sum of the following amounts less the Commonwealth's costs in collecting or recovering those amounts and in administering this subsection:
 (a) horse disease response levy collected or received by the Commonwealth;
 (b) amounts of penalty paid under section 7 of the Horse Disease Response Levy Collection Act 2011 in relation to a failure to pay horse disease response levy by the time it became due for payment.

Condition on Commonwealth payment
 (2) The Commonwealth payment is subject to the condition that the Australian Animal Health Council apply the payment in accordance with this section.

First priority for applying Commonwealth payment
 (3) As first priority, the Australian Animal Health Council is to apply the Commonwealth payment in meeting, or reimbursing the Council for meeting, costs the Council incurs:
 (a) in receiving and applying the payment in accordance with this section; and
 (b) before or in the financial year in which the payment is made.

Second priority for applying Commonwealth payment
 (4) As second priority, the Australian Animal Health Council is to apply the Commonwealth payment in making to the Commonwealth a payment (the Council payment) as follows, depending on whether, when the Commonwealth payment was made, a non‑government body concerned with the horse industry was party to the EADR agreement:
 (a) if such a body was party to the agreement—the Council payment is on behalf of the body for the purpose of discharging a liability of the body to the Commonwealth that arises under the EADR agreement;
 (b) if there was not such a body party to the agreement—the Council payment is made within 28 days after the Commonwealth payment was made and equals so much of the payment to the Council as the Council has not applied under subsection (3).

Third priority for applying Commonwealth payment
 (5) As third priority, the Australian Animal Health Council is to apply the Commonwealth payment in:
 (a) making a payment to an organisation that is concerned with research and development relevant to the horse industry; or
 (b) taking measures relating to the promotion or maintenance of the health of horses.
 (6) The Australian Animal Health Council is to apply the Commonwealth payment under subsection (5) 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.

Applying for lower priority if higher priority cannot be met
 (7) The