Dairying Industry Research and Promotion Levy Collection Act 1972 (Cth)

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972
- Updated as at 13 December 1993 (#DATE 13:12:1993)

*1* The Dairying Industry Research and Promotion Levy Collection Act 1972 as shown in this reprint comprises Act No. 32, 1972 amended as indicated in the Tables below.

Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Dairying Research Levy Collection Act 1972
32, 1972 26 May 1972 30 June 1972 (see Gazette
1972, No. 51, p. 3)
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Dairying Industry Research and Promotion (Miscellaneous Amendments)
Act 1976
79, 1976 10 June 1976 1 Aug 1976 (see s. 2 and
Gazette 1976, No. S111)
S. 4 (2) and (3)
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982
80, 1982 22 Sept 1982 Part LXXVII (s. 280): Royal
Assent (a) S. 280 (2) and (3)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983
39, 1983 20 June 1983 S. 3: 18 July 1983 (b)
S. 7 (5)
Dairy Industry Legislation Amendment Act 1983
64, 1983 18 Oct 1983 18 Oct 1983 -
(a) The Dairying Industry Research and Promotion Levy
Collection Act 1972 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:
"2. 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 Dairying Industry Research and Promotion Levy
Collection Act 1972 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."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Title am. No. 79, 1976
S. 3 am. No. 79, 1976; No. 80, 1982
S. 6 am. No. 216, 1973; No. 79, 1976
S. 7 am. Nos. 39 and 64, 1983
S. 8 am. No. 79, 1976
S. 9 am. No. 64, 1983
S. 10 am. No. 79, 1976; No. 64, 1983
S. 10A ad. No. 64, 1983
S. 11 am. No. 64, 1983

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - TABLE OF 
PROVISIONS 
TABLE

                          TABLE OF PROVISIONS

Section

    1.    Short title

    2.    Commencement

    3.    Interpretation

    4.    Act to bind Crown

    5.    Due date of payment

    6.    Liability of purchaser from producer

    7.    Penalty for non-payment

    8.    Recovery of levy

    9.    Offences

    10.   Access to premises

    10A.  Review of decisions

    11.   Regulations

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - LONG 
TITLE 
SECT

      An Act relating to the Collection of Levy under the Dairying

           Industry Research and Promotion Levy Act 1972-1976

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Dairying Industry Research and Promotion
Levy Collection Act 1972.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - SECT 3 
Interpretation 
SECT

  3. In this Act, unless the contrary intention appears:

  "authorized person" means:

  (a) a person for the time being authorized by the Minister, by instrument in
writing, to be an authorized person for the purposes of the provision in which
the expression occurs; or

  (b) a person included in a class of persons for the time being authorized by
the Minister, by instrument in writing, to be authorized persons for the
purposes of the provision in which the expression occurs;

  "levy" means an amount of the levy imposed by the Dairying Industry Research
and Promotion Levy Act 1972-1976;

  "month" means one of the twelve months of the year;

  "the Secretary" means the Secretary to the Department.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - SECT 4 
Act to bind Crown 
SECT

  4. This Act binds the Crown in right of a State.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - SECT 5 
Due date of payment 
SECT

  5. Levy on any whole milk or butter fat is due and payable upon the
expiration of twenty-eight days after the last day of the month in which the
whole milk or butter fat is sold by the producer of the whole milk or butter
fat.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - SECT 6 
Liability of purchaser from producer 
SECT

  6. (1) For the better securing of the payment of levy, a person who
purchases whole milk or butter fat from the producer of the whole milk or
butter fat is liable to pay to the Commonwealth an amount equal to any levy on
the whole milk or butter fat, as the case may be, that has become payable by
the producer but has not been paid to the Commonwealth by or on behalf of the
producer or recovered from the producer by the Commonwealth.
  (2) A person who purchases whole milk or butter fat from the producer of the
whole milk or butter fat may, on behalf of the producer, pay to the
Commonwealth any levy payable in respect of the whole milk or butter fat, as
the case may be.
  (3) A person may, notwithstanding any law of a State or Territory or any
contract entered into before the commencement of this Act, refuse to purchase
whole milk or butter fat from the producer of the whole milk or butter fat
unless the producer first provides the first-mentioned person with the funds
necessary for the due payment, on behalf of the producer, of levy in respect
of the whole milk or butter fat, as the case may be.
  (4) Where:

  (a) any levy payable by the producer of the whole milk or butter fat has
been paid to the Commonwealth on behalf of the producer by another person; or

  (b) an amount in respect of any levy so payable has been recovered by the
Commonwealth from a person by virtue of subsection (1);

the producer is liable to pay to the other person an amount equal to the
amount so paid or recovered, less any amount already paid by the producer to
the other person in respect of that levy.
  (5) Where, at any time, the producer of whole milk or butter fat who has
sold the whole milk or butter fat to another person pays to the other person
an amount in respect of levy in respect of the whole milk or butter fat, as
the case may be, the producer is discharged from liability to pay that levy to
the same extent as if the payment had been made by him at that time to the
Commonwealth, but the discharge does not affect any liability of the other
person under subsection (1).
  (6) The last preceding subsection does not apply where, before the payment
is made to the person who purchased the whole milk or butter fat, the producer
making the payment has been notified in writing by or on behalf of the
Minister that the Minister requires the producer to pay direct to the
Commonwealth any levy in respect of which the payment is made.
  (7) Where, under this section, levy is paid on behalf of the producer of
whole milk or butter fat by, or an amount in respect of levy payable by the
producer of whole milk or butter fat is recovered by the Commonwealth from,
another person, the producer is, to the extent of the amount so paid or
recovered, discharged from so much of his liability to the Commonwealth to pay
that levy as has not previously been discharged by virtue of subsection (5).
  (8) Where the Minister is satisfied that it would, by reason of special
circumstances, be unreasonable to require a person to pay, or to pay in full,
an amount payable by him under subsection (1), the Minister may release that
person in whole or in part from his liability, but such a release does not
affect the liability of any other person.
  (9) 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 (1) of the next succeeding section by reason of default in payment
of that levy.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - SECT 7 
Penalty for non-payment 
SECT

  7. (1) Where the liability of a person to pay levy is not discharged at or
before the time when that levy is due and payable there is payable by that
person 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 payable.
  (2) Where:

  (a) a person has received from the producer of whole milk or butter fat an
amount in respect of levy payable by the producer; and

  (b) that levy is due and payable but has not been paid in full to the
Commonwealth;

there is payable by the first-mentioned person to the Commonwealth by way of
penalty, in addition to the amount of that levy, an amount calculated at the
rate of 20% per annum upon the amount so received by him, less any part of
that levy paid by him on behalf of the producer, to be computed from the time
when that levy became payable or from the time when he received that amount,
whichever is the later.
  (3) The Minister or, subject to the next succeeding subsection, an
authorized person may, in a particular case, for reasons that the Minister or
the authorized person, as the case may be, in his discretion thinks
sufficient, remit the whole or a part of an amount payable under this section.
  (4) A remission granted under the last preceding subsection by an authorized
person shall not exceed $100.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - SECT 8 
Recovery of levy 
SECT

  8. (1) 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; and

  (c) an amount that is payable by way of penalty under the last preceding
section.
  (2) In proceedings for the recovery of an amount referred to in the last
preceding subsection, an averment or statement in the complaint, claim or
declaration of the plaintiff is evidence of the matter so averred or stated.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - SECT 9 
Offences 
SECT

  9. (1) A person shall not:

  (a) fail or neglect duly to furnish a return or information that he is
required under the regulations to furnish; or

  (b) furnish, in pursuance of the regulations, a return or information that,
to his knowledge, is false or misleading in a material particular.

Penalty: $2,000 or imprisonment for 12 months, or both.
  (2) A prosecution for any offence against this section may be commenced at
any time within three years after the commission of the offence.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - SECT 10 
Access to premises 
SECT

  10. (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 has reason to believe that there are on any
premises books, documents or papers relating to the production, sale or
purchase of whole milk or butter fat in respect of which levy is, or may be,
payable, 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
purposes of exercising the functions of an authorized person under this
section.
  (3) If, on an application under the last preceding subsection, the Justice
of the Peace is satisfied, by information on oath or affirmation:

  (a) that there is reasonable ground for believing that there are on the
premises to which the application relates any books, documents or papers
relating to the production, sale or purchase of whole milk or butter fat in
respect of which levy is, or may be, payable; 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, in accordance with the
prescribed form, 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.
  (3A) A warrant under subsection (3) shall specify a date after which the
warrant ceases to have effect.
  (4) 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) The functions of an authorized person under this section are to search
for, inspect, take extracts from and make copies of any books, documents or
papers relating to the production, sale or purchase of whole milk or butter
fat in respect of which levy is, or may be, payable.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - SECT 10A 
Review of decisions 
SECT

  10A. (1) An application may be made to the Administrative Appeals Tribunal
for a review of a decision made under subsection 7 (3).
  (2) Where the Minister or an authorized person makes a decision under
subsection 7 (3) and gives to the person whose interests are affected by the
decision notice in writing of the decision, that notice shall include a
statement to the effect that, subject to the Administrative Appeals Tribunal
Act 1975, an application may be made to the Administrative Appeals Tribunal
for a review of the decision by or on behalf of any person whose interests are
affected by the decision.
  (3) Any failure to comply with the requirements of subsection (2) in
relation to a decision does not affect the validity of the decision.

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1972 - SECT 11 
Regulations 
SECT

  11. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed, or necessary or convenient to be prescribed for carrying out or
giving effect to this Act or for facilitating the collection or recovery of
any debt due to the Commonwealth under this Act and, in particular:

  (a) providing for the manner of payment of levy and other moneys payable to
the Commonwealth under this Act;

  (b) requiring persons to keep records relating to the production, sale or
purchase of whole milk or butter fat;

  (c) requiring persons who have purchased whole milk or butter fat from the
producer of the whole milk or butter fat to furnish returns or information
relating to that purchase; and

  (d) prescribing penalties not exceeding a fine of $1,000 for offences
against the regulations.