| C2004C02467 | BARLEY RESEARCH LEVY COLLECTION ACT 1980
[Note: This Act is "repealed" by Act No. 26 of 1991]
(#DATE 30:11:1990)
Compilation Information
- Reprinted as at 30 November 1990
*1*The Barley Research Levy Collection Act 1980 as shown in this reprint
comprises Act No. 168, 1980 amended as indicated in the Tables below.
Table of Acts
Act
Number Date Date of Application,
and year of Assent commencement saving or
transitional
provisions
Barley Research Act 1980
168, 1980 17 Dec 1980 17 Dec 1980
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982
80, 1982 22 Sept Part LXXVII (s. 280): Royal S. 280 ( 2)
1982 Assent (a) and (3)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983
39, 1983 20 June S. 3: 18 July 1983 (b) S. 7 (1) and
1983 (5)
Rural Industries Research (Transitional Provisions and Consequential
Amendments) Act 1985
103, 1985 3 Oct 1985 (see (c)) S. 2 (2)
Primary Industries and Energy Legislation Amendment Act (No. 3) 1989
16, 1990 17 Jan 1990 Ss. 21 and 23: 1 July 1990 -
Ss. 3-20, 22, 24, 25 and
27: 1 Feb 1990 (see Gazette 1990,
No. S16)
S. 29 (2): 1 July 1990
S. 29 (3): 1 July 1989
Remainder: Royal Assent
Primary Industries and Energy Research and Development Act 1989
17, 1990 17 Jan 1990 Ss. 9, 26 (2), 31 (2), 36 -
(2), 39 (2), Part 3 (ss.
92-121), ss. 156 and 157:
1 July 1990
Remainder: Royal Assent
______________________________________________________________________________
__ (a) The Barley Research Levy Collection Act 1980 was amended by Part
LXXVII
(section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2)
1982, subsection 2 (1) of which provides as follows:
'(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV,
LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which
this Act receives the Royal Assent.'
(b) The Barley Research Levy Collection Act 1980 was amended by section 3
only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983,
subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent.'
(c) The Barley Research (Levy Collection) Act 1980 was amended by the Rural
Industries Research (Transitional Provisions and Consequential Amendments) Act
1985, subsections 2 (1) and (2) of which provide as follows:
'(1) Subject to this section, this Act shall come into operation on the day
on which it receives the Royal Assent.
'(2) An amendment effected by section 11, being an amendment of:
(a) an Act that imposes a levy;
(b) an Act that would, upon the making of regulations referred to in
section
5, be a relevant Act in relation to a levy; or
(c) an Act that amends an Act that would, upon the making of such
regulations, be a relevant Act in relation to a levy; shall not take effect
until the day that is specified in those regulations to be the day with effect
from which that levy is declared to be a prescribed levy or a class of levies
in which that levy is included is declared to be a prescribed class of
levies.' Note: The amendments of this Act effected by the Rural Industries
Research (Transitional Provisions and Consequential Amendments) Act 1985 come
into operation only upon the day with effect from which regulations under the
Rural Industries Research Act 1985 declare levy imposed by the Barley Research
Levy Act 1980 to be a prescribed levy.
In pursuance of subsection 2 (2) the date fixed for commencement was 1 April
1986.
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________
__ Provision affected
How affected
Title
am. No. 103, 1985
S. 1
am. No. 103, 1985
S. 3
am. No. 103, 1985
S. 5
am. No. 16, 1990
S. 7
am. No. 39, 1983
S. 9
am. No. 103, 1985; No. 17, 1990
Part III (ss. 10-29)
rep. No. 103, 1985
Ss. 10-15
rep. No. 103, 1985
Ss. 16, 17
am. No. 80, 1982
rep. No. 103, 1985
S. 18
rep. No. 103, 1985
S. 19
am. No. 80, 1982
rep. No. 103, 1985
Ss. 20-29
rep. No. 103, 1985
S. 35
rep. No. 103, 1985
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I-PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Certain provisions to bind Crown
PART II-COLLECTION OF LEVY
5. Time for payment of levy
6. Liability of purchaser
7. Penalty for non-payment
8. Recovery of levy etc.
9. Refund of levy etc.
PART IV-MISCELLANEOUS
30. Power to call for information
31. Access to premises
32. Offences in relation to returns etc.
33. Averments
34. Appointment of authorized officers and authorized persons
36. Review of decisions
37. Regulations
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - LONG TITLE
SECT
An Act to provide for the collection of levy imposed by
the Barley Research Levy Act 1980
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - PART I
PART I-PRELIMINARY
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 1
Short title
SECT
1. This Act may be cited as the Barley Research Levy Collection Act 1980.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 3
Interpretation
SECT
3.(1) In this Act, unless the contrary intention appears:
'authorized officer' means an officer of the Australian Public Service who
is, by virtue of an appointment under section 34, an authorized officer for
the purposes of the provision in which the expression occurs;
'authorized person' means a person who is, by virtue of an appointment under
section 34, an authorized person for the purposes of the provision in which
the expression occurs;
'levy' means an amount of levy imposed by the Levy Act;
'Levy Act' means the Barley Research Levy Act 1980;
(3) For the purposes of this Act, a person is the purchaser of barley:
(a) if he is liable to pay the grower of the barley for the barley and is
in
Australia;
(b) if he is the agent in Australia of the person outside Australia who is
liable to pay the grower of the barley for the barley; or
(c) if the barley is delivered to him, or to a person acting on his
behalf,
by the grower of the barley otherwise than for storage on behalf of the grower
and no person is liable to pay the grower for the barley.
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 4
Certain provisions to bind Crown
SECT
4. The provisions of this Act that apply to and in relation to purchasers of
barley bind the Crown in right of a State.
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - PART II
PART II-COLLECTION OF LEVY
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 5
Time for payment of levy
SECT
5.(1) Levy imposed on any barley is due and payable upon the expiration of 2
weeks or such longer period as is from time to time prescribed, after the end
of the quarter in which the barley was delivered by the grower to another
person otherwise than for storage on behalf of the grower.
(2) For the purposes of this section, each of the following periods is to be
taken to be a quarter:
(a) the period of 3 months ending on the prescribed day;
(b) the period of 4 months starting on the day after the prescribed day;
(c) the period of 3 months starting after the last day of the period
mentioned in paragraph (b), and each successive period of 3 months.
(3) In this section:
'prescribed day' means the last day of whichever of the months of February,
May, August or November occurred immediately before the commencement of
subsection 29 (2) of the Primary Industries and Energy Legislation Amendment
Act (No. 3) 1989.
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 6
Liability of purchaser
SECT
6.(1) For the better securing of the payment of levy, the purchaser of any
barley is liable to pay to the Commonwealth, on behalf of the grower, an
amount (in this section referred to as the 'relevant amount' ) equal to any
levy on the barley that has become payable by the grower but has not been paid
to the Commonwealth by or on behalf of the grower or recovered from the grower
by the Commonwealth.
(2) For the purpose of ensuring that the purchaser of any barley is provided
with the funds necessary for the due payment, on behalf of the grower, of the
relevant amount:
(a) a person may, notwithstanding any law of a State or Territory to the
contrary, refuse to take delivery of the barley unless the grower of the
barley pays to the purchaser an amount not exceeding the relevant amount or
the amount that may reasonably be expected to be the relevant amount; and
(b) the purchaser may, notwithstanding any law of a State or Territory or
any agreement (whether entered into before or after the commencement of this
Act) to the contrary, deduct from any moneys payable by him to the grower, or
received by him on behalf of the grower, in respect of that barley an amount
not exceeding so much of the relevant amount, or of the amount that may
reasonably be expected to be the relevant amount, as has not been paid to the
purchaser by the grower under this subsection;
and, if the purchaser is so provided with funds, the grower is, upon that levy
becoming payable, discharged from liability to pay that levy to the extent of
the amount of the funds so provided, but the liability of the purchaser under
subsection (1) is not affected.
(3) Nothing in subsection (2) shall be taken to authorize the refusal by a
person to take delivery of barley that is required by or under a marketing law
to be delivered to an authority established by or under that law or to an
agent of such an authority and is tendered to that person accordingly.
(4) Where, under subsection (1), an amount in respect of levy payable by the
grower of any barley, being an amount that exceeds the amount of the funds (if
any) with which the purchaser has been provided under subsection (2) in
respect of that levy, is paid on behalf of the grower by, or is recovered by
the Commonwealth from, the purchaser:
(a) the grower is, to the extent of the excess, discharged from his
liability to the Commonwealth to pay that levy; and
(b) the purchaser may recover from the grower, by set-off or otherwise,
the
amount of the excess.
(5) Where the Minister is satisfied that, by reason of special
circumstances, it would be unreasonable to require the purchaser of any barley
to pay, or to pay in full, an amount payable by him under subsection (1), the
Minister may release him in whole or in part from his liability, or, if the
purchaser has been provided with funds necessary for the due payment by him of
an amount in respect of his liability, the Minister may release him in whole
or in part from his liability to the extent that the amount of that liability
exceeds the amount of those funds but, subject to subsection (2), such a
release does not affect any liability of the grower.
(6) In this section, a reference to levy shall be read as including a
reference to an amount that has become payable by way of penalty under
subsection 7 (1) by reason of default in payment of that levy.
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 7
Penalty for non-payment
SECT
7.(1) Subject to subsection (3), where the liability of the grower of any
barley to pay levy is not discharged at or before the time when that levy is
due and payable, there is payable by him to the Commonwealth by way of
penalty, in addition to that levy, an amount calculated at the rate of 20% per
annum upon that levy or upon that part of that levy from time to time
remaining unpaid, to be computed from the time when that levy became due and
payable.
(2) Subject to subsection (3), where:
(a) in pursuance of subsection 6 (2), the purchaser of any barley has been
provided with funds necessary for the due payment, on behalf of the grower, of
the amount referred to in subsection 6 (1); and
(b) the purchaser has not, at or before the time when, under section 5,
the
levy becomes due and payable by the grower, paid to the Commonwealth, on
behalf of the grower, the whole or any part of the amount of the funds so
provided;
there is payable by the purchaser to the Commonwealth by way of penalty, in
addition to the amount payable by the purchaser to the Commonwealth under
subsection 6 (1), an amount calculated at the rate of 20% per annum upon the
amount of the funds so provided, or so much of that amount as has not been
paid to the Commonwealth, to be computed from the time when the levy became
due and payable.
(3) The Minister or, subject to subsection (4), an authorized officer may,
in a particular case, for reasons that the Minister or the authorized officer,
as the case may be, in his discretion thinks sufficient, remit the whole or a
part of an amount payable under this section.
(4) The power under subsection (3) to remit the whole or a part of an amount
payable under this section shall not be exercised by an authorized officer in
a case where that amount exceeds $500.
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 8
Recovery of levy etc.
SECT
8. The following amounts may be recovered by the Commonwealth as debts due
to the Commonwealth:
(a) levy that is payable;
(b) an amount that is payable to the Commonwealth under section 6;
(c) an amount that is payable by way of penalty under section 7.
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 9
Refund of levy etc.
SECT
9.(1) Where:
(a) in respect of any barley to which subsection 5 (2) of the Levy Act
relates; or
(b) in respect of any barley that is, by virtue of section 8 of that Act,
exempt from levy;
there has been paid to the Commonwealth an amount in respect of the levy that,
but for the operation of that subsection, or but for the exemption, as the
case may be, would be payable in respect of that barley, an amount equal to
the amount so paid shall be refunded by the Commonwealth.
(2) Where any levy or penalty under section 7 has been overpaid, an amount
equal to the amount overpaid shall be refunded by the Commonwealth.
(3) Where:
(a) a refund is to be made by the Commonwealth in accordance with
subsection
(1) or (2) in respect of an amount that has been paid, or overpaid, to the
Commonwealth; and
(b) that amount has been taken into account in calculating an amount to be
paid under paragraph 7 (1) (a) of the Rural Industries Research Act 1985 into
the Research Fund established under that Act in relation to goods of a kind in
respect of which levy is imposed under the Levy Act;
the amount of the refund shall be paid from the Research Fund.
(4) Subsection (3) ceases to have effect if the levy imposed under the Levy
Act is attached, under section 5 of the Primary Industries and Energy Research
and Development Act 1989, to an R & D Corporation (within the meaning of that
Act) or to an R & D Fund (within the meaning of that Act).
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - PART IV
PART IV-MISCELLANEOUS
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 30
Power to call for information
SECT
30. An authorized person may, by notice in writing, require a person to
furnish to him, within the time specified in the notice, such information in
relation to matters relevant to the operation of this Act as is specified in
the notice, including a return or information verified by statutory
declaration.
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 31
Access to premises
SECT
31.(1) An authorized person may, with the consent of the occupier of any
premises, enter the premises for the purpose of exercising the functions of an
authorized person under this section.
(2) Where an authorized person is of the opinion that there is reasonable
ground for believing that:
(a) premises are premises at which barley is produced or stored; or
(b) there are, on any premises, examinable documents;
the authorized person may make application to a Justice of the Peace for a
warrant authorizing the authorized person to enter the premises for the
purpose of exercising the functions of an authorized person under this
section.
(3) If, on an application under subsection (2), the Justice of the Peace is
satisfied, by information on oath or affirmation:
(a) that there is reasonable ground for believing that:
(i) the premises to which the application relates are premises at
which barley is produced or stored; or
(ii) there are, on those premises, any examinable documents; and
(b) that the issue of the warrant is reasonably required for the purposes
of
this Act;
the Justice of the Peace may grant a warrant authorizing the authorized
person, with such assistance as he thinks necessary, to enter the premises,
during such hours of the day or night as the warrant specifies or, if the
warrant so specifies, at any time, if necessary by force, for the purpose of
exercising the functions of an authorized person under this section.
(4) A warrant under subsection (3) shall specify a date after which the
warrant ceases to have effect.
(5) Where an authorized person has entered any premises in pursuance of
subsection (1) or in pursuance of a warrant granted under subsection (3), he
may exercise the functions of an authorized person under this section.
(6) A person shall not, without reasonable excuse, obstruct or hinder an
authorized person acting in pursuance of subsection (1) or in pursuance of a
warrant granted under subsection (3).
Penalty: $1,000.
(7) The functions of an authorized person under this section are:
(a) to search for, examine and take stock of any barley; and
(b) to search for, inspect, take extracts from and make copies of any
examinable documents.
(8) In this section, 'examinable documents' means:
(a) any books, documents or papers relating to financial dealings with
respect to barley between growers of barley and purchasers of barley; or
(b) any books, documents or papers relating to the production, storage,
carriage, delivery, processing, sale, purchase or export of barley.
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 32
Offences in relation to returns etc.
SECT
32.(1) A person shall not, without reasonable excuse, fail or neglect duly
to furnish a return or information that he is required under this Act or the
regulations to furnish.
(2) A person is not excused from furnishing a return or information that he
is required under this Act or the regulations to furnish on the ground that
the return or information might tend to incriminate him or make him liable to
a penalty, but any return or information so furnished is not admissible in
evidence against him in proceedings other than proceedings for an offence
against subsection (3).
(3) A person shall not present to an officer or other person doing duty in
relation to this Act or the regulations an account, book or document, or make
or furnish to such an officer or person a statement or return, that is false
or misleading in a material particular.
Penalty: $1,000.
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 33
Averments
SECT
33. In proceedings for the recovery of a debt referred to in section 8, a
statement or averment in the complaint, claim or declaration of the plaintiff
is prima facie evidence of the matter so stated or averred.
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 34
Appointment of authorized officers and authorized persons
SECT
34. The Minister may, by writing signed by him:
(a) appoint an officer of the Australian Public Service, or officers
included in a class of officers of the Australian Public Service, to be an
authorized officer or authorized officers, as the case may be, for the
purposes of a specified provision of this Act; or
(b) appoint a person, or persons included in a class of persons, to be an
authorized person or authorized persons, as the case may be, for the purposes
of a specified provision of this Act.
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 36
Review of decisions
SECT
36. Applications may be made to the Administrative Appeals Tribunal for a
review of:
(a) decisions made by the Minister for the purposes of subsection 6 (5) or
7
(3); and
(b) decisions made by an authorized officer for the purposes of subsection
7
(3).
BARLEY RESEARCH LEVY COLLECTION ACT 1980 - SECT 37
Regulations
SECT
37. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters that are required or permitted by this Act to be
prescribed or are necessary or convenient to be prescribed for carrying out or
giving effect to this Act or for facilitating the collection or recovery of
amounts of levy or penalty and, in particular:
(a) providing for the manner of payment of levy;
(b) requiring the keeping of records in respect of barley by growers and
purchasers of barley and by such other persons (if any) as are specified in
the regulations;
(c) requiring growers and purchasers of barley and such other persons (if
any) as are specified in the regulations to furnish returns for the purposes
of this Act; and
(d) prescribing penalties not exceeding a fine of $500 for offences
against the regulations.
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