Stock Act 2005

This Act is the Stock Act 2005.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘impound, for part 5 (Impounding stock)—see section 32.’ means that the term ‘impound’ is defined in that section for part 5.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Stock levy

The Minister may determine—

for each kind of stock, the number of animals making up a stock unit; and

the levy amount per stock unit.

A determination is a disallowable instrument.

The director‑general may determine the stock-carrying capacity, in stock units, of land held under a lease permitting the carrying of stock.

A determination is a notifiable instrument.

The Minister may determine a minimum stock levy (a minimum stock levy).

A determination is a disallowable instrument.

This section applies to a person who, in a financial year, is the occupier of land held under a lease permitting the carrying of stock.

A levy (stock levy) is payable for the financial year by the person.

The stock levy is the greater of the following:

the amount worked out as follows—

;

the minimum stock levy (if any).

In this section:

DO means the number of days in the financial year when the person is the occupier of the land.

SCC means the stock-carrying capacity of the land determined under section 7.

UL means the levy amount determined under section 6 per stock unit.

If a person is liable to pay stock levy under this part for a financial year, the person must give the director‑general a return for the levy for the financial year within 7 days after the end of the year.

Maximum penalty: 10 penalty units.

An offence against this section is a strict liability offence.

As soon as practicable after the end of a financial year, the director‑general must give written notice to a person liable to pay stock levy under this part for the year of the amount of stock levy payable.

A person liable to pay stock levy under this part for a financial year must pay the levy to the Territory within 90 days after the day the person receives notice under section 10 for the year.

Maximum penalty: 10 penalty units.

An offence against this section is a strict liability offence.

A lease permitting the carrying of stock on land is taken to include a covenant by the occupier of the land to pay stock levy payable in relation to the land.

This section does not limit any right of the Territory to recover any amount of unpaid stock levy as a debt.

Part 3 Marks