Barley Research (Levy Collection) Regulations (Cth)
I, THE GOVERNOR-GENERAL of
the Commonwealth of Australia, acting with the advice of the Federal Executive
Council, hereby make the following Regulations under the
Dated 22 December 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Primary Industry
1. These Regulations may be cited as the Barley Research (Levy Collection) Regulations.
2. In these Regulations, unless the contrary intention appears —“authorized agent” means a person appointed by a grower or purchaser of barley under regulation 7 to be his authorized agent;
“company” includes a co-operative society incorporated under a law of a State or Territory;
“Department” means the Department of State administered by the Minister of State for the time being administering the Act;
“leviable barley” means barley on which levy is imposed by the Levy Act;
“quarter” means a period of 3 months ending on the last day of February, May, August or November;
“Secretary” means the person who, for the time being, is, or is performing the duties of, the Permanent Head of the Department within the meaning of the
Public Service Act 1922;“the Act” means the
Barley Research Act 1980.
3. The payment of levy imposed on any barley and other moneys payable to the Commonwealth under the Act shall be made to the Collector of Public Moneys at the office of the Department in Canberra.
4. (1) Where —
(a) a person has become the purchaser of any leviable barley; and
(b) the barley has been delivered by the grower of the barley to a person other than the grower otherwise than for storage on behalf of the grower,
the purchaser of the barley shall furnish to the Secretary a return containing, in respect of the quarter during which the barley was so delivered by the grower, the particulars specified in sub‑regulation (2).
(2) The particulars referred to in sub-regulation (1) are the following particulars:
(a) the full name and address of the person furnishing the return;
(b) the quarter to which the return relates;
(c) the number of tonnes of leviable barley, being barley delivered in the quarter by the grower of the barley to another person otherwise than for storage on behalf of the grower, of which the person furnishing the return has become the purchaser;
(d) the State in which the barley referred to in paragraph (c) was harvested or, if not all the barley was harvested in one State, the States in which the barley was harvested and the number of tonnes of the barley harvested in each such State;
(e) the amount of levy imposed by the Levy Act on the barley.
5.
(1) A grower of barley who exports any leviable barley of which he is the grower shall furnish to the Secretary a return containing, in respect of the quarter during which he exports the barley, the particulars specified in sub-regulation (2).
(2) The particulars referred to in sub-regulation (1) are the following particulars:
(a) the full name and address of the grower;
(b) the quarter to which the return relates;
(c) the number of tonnes of leviable barley exported by the grower of the barley in the quarter;
(d) the State in which the barley was harvested or, if not all the barley was harvested in one State, the States in which the barley was harvested and the number of tonnes of the barley harvested in each such State;
(e) the amount of levy imposed by the Levy Act on the barley.
6. A return referred to in regulation 4 or 5 —
(a) shall be signed —
(i) by the person furnishing the return or his authorized agent; or
(ii) where that person is a company — by a director or the secretary of the company or by the authorized agent of the company; and
(b) shall be furnished to the Secretary by lodging it at the office of the Department in Canberra —
(i) except where sub-paragraph (ii) applies — within 14 days after the end of the quarter to which it relates; or
(ii) where the quarter to which it relates ended before the date of commencement of the Act — within 8 weeks after that date.
7. (1) A person who is required to furnish a return under regulation 4 or 5 may, by instrument in writing, appoint a person to be his authorized agent for the purpose of signing that return.
(2) An instrument referred to in sub-regulation (1) shall be in accordance with the form in the Schedule and when completed shall be lodged at the office of the Department in Canberra.
8. (1) Where —
(a) a person has become the purchaser of any leviable barley; and
(b) the barley has been delivered by the grower of the barley to a person other than the grower otherwise than for storage on behalf of the grower,
the purchaser of the barley shall keep, or cause to be kept, a proper record showing —
(c) the number of tonnes of leviable barley of which he has become the purchaser; and
(d) the State in which the barley was harvested or, if not all the barley was harvested in one State, the States in which the barley was harvested and the number of tonnes of the barley harvested in each such State.
(2) The record referred to in sub-regulation (1) shall be retained by the purchaser of the leviable barley for at least 5 years after the date on which he became the purchaser of the barley.
(3) A person who exports any leviable barley of which he is the grower shall at all times keep, or cause to be kept, proper records showing —
(a) the number of tonnes of such leviable barley exported by him; and
(b) the State in which the barley was harvested or, if not all the barley was harvested in one State, the States in which the barley was harvested and the number of tonnes of the barley harvested in each such State.
(4) The records referred to in sub-regulation (3) shall, in so far as they relate to particular barley, be retained by the grower of the leviable barley for at least 5 years after the date on which he exported that barley.Penalty: $500.
COMMONWEALTH OF AUSTRALIA
APPOINTMENT OF AUTHORIZED AGENT
To the Secretary
I, (
Dated this day of 1980.
(
Signature of person appointing authorized agent or, where the person is a company, signature of a director or the secretary of the company and his designation )
Dated this day of 1980.
(
1. Notified in the
Commonwealth of Australia Gazette
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