Grain Legumes Levy Act 1985 (Cth)

Grain Legumes Levy Act 1985

Act No. 106 of 1985 as amended

Consolidated as in force on 25 November 1999

(includes amendments up to Act No. 32 of 1999)

[Note: This Act is repealed by No. 32 of 1999]

Prepared by the Office of Legislative Drafting

Attorney‑General’s Department, Canberra

      

Contents

An Act to impose a levy on certain grain legumes produced in Australia

  1Short title [see Note 1]

 This Act may be cited as the Grain Legumes Levy Act 1985.

2Commencement [see Note 1]

1. (1)

   Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.

2. (2)

   The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation.

4Interpretation

1. (1)

   In this Act, unless the contrary intention appears:

   growers’ organisation means the organisation known as the Australian Wheatgrowers’ Federation or such other organisation as is from time to time prescribed for the purposes of this definition.

   leviable amount, in relation to a levy year, means:

   1. (a)

      $50; or

   2. (b)

      if, before the commencement of the levy year, another amount is prescribed in relation to that year, that prescribed amount.

   leviable grain legumes means:

   1. (a)

      the seeds of lupins or field peas; or

   2. (ab)

      peanuts; or

   3. (b)

      the seeds of any other leguminous plants, being seeds of a kind that is or kinds that are from time to time prescribed for the purposes of this definition.

   levy means an amount of levy imposed by this Act.

   peanuts means peanuts in shells.

   value means the value as worked out in accordance with the regulations.

2. (2)

   Where:

   1. (a)

      a producer of leviable grain legumes causes or permits those grain legumes to be delivered to another person or allows another person to take those grain legumes out of the producer’s possession or control; or

   2. (b)

      leviable grain legumes are taken out of the possession or control of the producer by another person pursuant to a marketing law;

   the producer of those leviable grain legumes shall, for the purposes of this Act, be deemed to have delivered those grain legumes to that other person.

3. (3)

   Where a producer of leviable grain legumes delivers those grain legumes to a person for carriage (either by that person or by a succession of persons commencing with that person) to another person otherwise than for further carriage, the delivery shall, for the purposes of this Act, be deemed to have been to that last‑mentioned person.

4. (4)

   If the ownership of leviable grain legumes passes from the producer of those grain legumes to a person in a way that does not involve, or to a number of persons in succession, in ways none of which involves, the delivery of those grain legumes to any person, a reference in this Act to the producer shall, in relation to those grain legumes, be read as a reference to that person or to the last of those persons, as the case may be.

5. (5)

   Where, by virtue of a regulation made for the purposes of the definition of leviable grain legumes in subsection (1), seeds of a particular kind or kinds commence to be leviable grain legumes during a levy year, a reference in this Act to leviable grain legumes delivered or processed in that year shall not be read as including a reference to any seeds of the kind or kinds prescribed by that regulation that were delivered or processed, as the case may be, before the date of commencement of that regulation.

6. (6)

   Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

5Act to bind Crown

 This Act binds the Crown in right of the States, of the Northern Territory and of Norfolk Island.

6Imposition of levy

1. (1)

   Subject to this Act, levy is imposed on leviable grain legumes produced in Australia.

2. (2)

   Levy is not payable on leviable grain legumes unless, on or after the date that is the relevant date in relation to the grain legumes, the producer of the grain legumes:

   1. (a)

      delivers the grain legumes to another person, otherwise than for storage on behalf of the producer; or

   2. (b)

      processes the grain legumes.

3. (3)

   In subsection (2), the relevant date means:

   1. (a)

      in relation to the seeds of lupins or field peas—the day that is fixed by Proclamation for the purposes of subsection 2(2); and

   2. (ab)

      in relation to peanuts—the date of commencement of the Grain Legumes Levy Amendment Act 1989; and

   3. (b)

      in relation to grain legumes of a kind or kinds prescribed by regulation for the purposes of the definition of leviable grain legumes in subsection 4(1)—the date of commencement of that regulation.

7Rate of levy

1. (1)

   The rate of levy is:

   1. (a)

      1% of the value of the leviable grain legumes; or

   2. (b)

      if a different rate is prescribed under section 10—that different rate.

2. (2)

   The prescribed rate must not be more than 3% of the value of the leviable grain legumes.

8By whom levy payable

Levy on leviable grain legumes is payable by the producer of the grain legumes.

9Exemption from levy

1. (1)

   If, in a levy year:

   1. (a)

      leviable grain legumes are delivered to a particular person by producers of grain legumes; and

   2. (b)

      apart from this section, the amount of levy in respect of the grain legumes would be less than the leviable amount;

   levy is not imposed on the grain legumes.

2. (2)

   If:

   1. (a)

      leviable grain legumes are processed by or for the producer of the grain legumes; and

   2. (b)

      the producer uses the grain legumes, or all of the products and by‑products of the processing , for domestic purposes but not for commercial purposes;

   levy is not imposed on the grain legumes.

3. (3)

   If, in a levy year:

   1. (a)

      a producer processes leviable grain legumes that he or she has produced; and

   2. (b)

      paragraph (2)(b) does not apply in respect of the grain legumes; and

   3. (c)

      apart from this subsection, the amount of levy in respect of the grain legumes would be less than the leviable amount;

   levy is not imposed on the grain legumes.

10Regulations

1. (1)

   The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:

   1. (a)

      required or permitted by this Act to be prescribed; or

   2. (b)

      necessary or convenient to be prescribed for carrying out or giving effect to this Act.

2. (2)

   Before making regulations for the purposes of:

   1. (a)

      the definition of leviable amount in subsection 4(1);

   2. (b)

      the definition of leviable grain legumes in subsection 4(1); or

   3. (c)

      section 7;

   the Governor‑General shall take into consideration any relevant recommendation made to the Minister by the growers’ organisation.

Notes to theGrain Legumes Levy Act 1985

Note 1

The Grain Legumes Levy Act 1985 as shown in this reprint comprises Act No. 106, 1985 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Grain Legumes Levy Act 1985	106, 1985	16 Oct 1985	Ss. 1 and 2: Royal Assent Remainder: 1 Nov 1985 (see Gazette 1985, No. S449)
Grain Legumes Levy Legislation Amendment Act 1989	158, 1989	14 Dec 1989	1 Jan 1990 (see Gazette 1989, No. S387)	—
Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991	26, 1991	1 Mar 1991	1 July 1991 (see s. 2)	S. 5
Grain Legumes Levy Amendment Act 1992	124, 1992	17 Oct 1992	1 Oct 1992	—
Grain Legumes Levy Amendment Act 1994	120, 1994	27 Sept 1994	27 Sept 1994	—
Primary Industries Levies and Charges (Consequential Amendments) Act 1999	32, 1999	14 May 1999	Schedule 1 (items 39, 40): 1 July 1999 (see s. 2(1))	Sch. 1 (item 40)

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3...........................................	rep. No. 26, 1991
S. 4...........................................	am. No. 158, 1989; No. 26, 1991; No. 124, 1992
S. 6...........................................	am. No. 158, 1989; No. 26, 1991
S. 7...........................................	rs. No. 158, 1989; No. 124, 1992
S. 8...........................................	am. No. 26, 1991
S. 9...........................................	am. No. 26, 1991; No. 120, 1994
rs. No. 124, 1992
S. 10.........................................	am. No. 124, 1992