Horticultural Levy Act 1987 (Cth)

HORTICULTURAL LEVY ACT 1987
- Updated as at 3 July 1995 (#DATE 03:07:1995)

*1* The Horticultural Levy Act 1987 as shown in this reprint comprises Act No. 168, 1987 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 Horticultural Levy Act 1987 168, 1987 26 Dec 1987 1 Aug 1988 (see Gazette 1988, No. S216) Horticultural Levy Amendment Act 1989 47, 1989 8 June 1989 8 June 1989 - Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 26, 1991 1 Mar 1991 1 July 1991 (see s. 2) - Australian Horticultural Corporation Amendment Act 1991 42, 1991 27 Mar 1991 Parts 3 and 4 (ss. 23-29): 1 July 1991 Remainder: Royal Assent - Horticultural Levy Amendment Act 1994 115, 1994 16 Sept 1994 1 Jan 1995 (see Gazette 1994, No. S455) - Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 4 rep. No. 26, 1991 S. 5 am. No. 47, 1989 S. 5A ad. No. 26, 1991 S. 6 am. No. 115, 1994 S. 7 am. No. 47, 1989; No. 42, 1991; No. 115, 1994 S. 8A ad. No. 42, 1991 S. 11 am. No. 42, 1991 S. 14 am. No. 42, 1991; No. 115, 1994 #ADD 12:7:1995

HORTICULTURAL LEVY ACT 1987 - TABLE OF PROVISIONS 
TABLE

                         TABLE OF PROVISIONS
Section
    1.     Short title
    2.    Commencement
    3.     Principal object
    5.     Act binds Crown
   5A.     Interpretation
    6.     Imposition of levy
    7.     Rates of levy
    8.     Rates of levy destined for the Australian Horticultural
           Corporation
   8A.     Rates of levy destined for a Product Board
    9.     Rates of levy destined for the Horticultural Research and
           Development Corporation
   10.     Rates of levy destined for other purposes
   11.     Flexibility in relation to rates of levy
   12.     By whom levy payable
   13.     Exemptions from levy
   14.     Regulations

HORTICULTURAL LEVY ACT 1987 - LONG TITLE 
SECT

       An Act to impose a levy on the production of certain
                       horticultural products

HORTICULTURAL LEVY ACT 1987 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Horticultural Levy Act 1987.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

HORTICULTURAL LEVY ACT 1987 - SECT 2 
Commencement 
SECT

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

HORTICULTURAL LEVY ACT 1987 - SECT 3 
Principal object 
SECT

  3. The principal object of this Act is to ensure that adequate funds are
raised for the operations of the Australian Horticultural Corporation and the
Horticultural Research and Development Corporation.

HORTICULTURAL LEVY ACT 1987 - SECT 5 
Act binds Crown 
SECT

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

HORTICULTURAL LEVY ACT 1987 - SECT 5A 
Interpretation 
SECT

  5A. (1) In this Act, unless the contrary intention appears:
  "cut flowers and foliage" includes processed cut flowers and foliage;
  "fruits" includes processed fruits;
  "horticultural products" means:
  (a) fruits; and
  (b) vegetables; and
  (c) nuts; and
  (d) nursery products; and
  (e) cut flowers and foliage; and
  (f) products prescribed for the purposes of this paragraph;
  "leviable horticultural products" means horticultural products prescribed
for the purposes of this definition;
  "nursery products" includes trees, shrubs, plants, seeds, bulbs, corms,
tubers, propagating material and plant tissue cultures, grown for ornamental
purposes or for producing fruits, vegetables, nuts or cut flowers and
foliage;
  "nuts" includes processed nuts;
  "vegetables" includes:
  (a) mushrooms and other edible fungi; and
  (b) processed vegetables (including mushrooms and other edible fungi).

  (2) 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.

HORTICULTURAL LEVY ACT 1987 - SECT 6 
Imposition of levy 
SECT

  6. (1) Subject to this Act, levy is imposed on leviable horticultural
products (other than leviable horticultural products of a class prescribed for
the purpose of subsection (2)) produced in Australia (whether before or after
the commencement of this Act) that are, after the commencement of this Act:
  (a) sold by the producer; or
  (b) used by the producer in the production of other goods.

  (2) Subject to this Act, levy is imposed on leviable horticultural products
of a class prescribed for the purpose of this subsection on the basis of the
amount of leviable horticultural products of that class that is presumed, in
accordance with regulations made under section 14, to be produced in
Australia.

HORTICULTURAL LEVY ACT 1987 - SECT 7 
Rates of levy 
SECT

  7. (1) Subject to subsections (2) and (3), the rate of levy in relation to a
leviable horticultural product is the sum of the rates prescribed by virtue of
sections 8, 8A, 9 and 10 that are applicable to the class of leviable
horticultural products in which the product is included.

  (2) If the Australian Statistician has published an annual average unit
gross value in relation to a class of horticultural products for the first 3
of the 4 immediately preceding financial years, the rate of levy in the
current financial year in relation to products in the class of products shall
not exceed 5% of the average of those values.

  (3) If the Australian Statistician has published an annual gross value of
production in relation to a class of horticultural products for the first 3 of
the 4 immediately preceding financial years, the rate of levy in the current
financial year in relation to products in that class must not be such that the
total levy collected is likely to exceed 5% of the average of the gross values
of production in those 3 years.

HORTICULTURAL LEVY ACT 1987 - SECT 8 
Rates of levy destined for the Australian Horticultural Corporation 
SECT

  8. The regulations may fix a rate of levy for the purposes of this section
in relation to a class of leviable horticultural products.

HORTICULTURAL LEVY ACT 1987 - SECT 8A 
Rates of levy destined for a Product Board 
SECT

  8A. Where a Product Board is established under the Australian Horticultural
Corporation Act 1987, the regulations may fix a rate of levy for the purposes
of this section in relation to a class of leviable horticultural products,
being horticultural products in respect of which the Product Board was
established.

HORTICULTURAL LEVY ACT 1987 - SECT 9 
Rates of levy destined for the Horticultural Research and Development 
Corporation 
SECT

  9. The regulations may fix a rate of levy for the purposes of this section
in relation to a class of leviable horticultural products.

HORTICULTURAL LEVY ACT 1987 - SECT 10 
Rates of levy destined for other purposes 
SECT

  10. The regulations may fix a rate of levy for the purposes of this section
in relation to a class of leviable horticultural products.

HORTICULTURAL LEVY ACT 1987 - SECT 11 
Flexibility in relation to rates of levy 
SECT

  11. Without limiting the generality of sections 8, 8A, 9 and 10:
  (a) different rates may, for the purposes of those sections or any one of
them, be prescribed for different classes of leviable horticultural products;
  (b) different rates may be prescribed in relation to a class of leviable
horticultural products for the purposes of each of those sections; and
  (c) a rate may be prescribed in relation to a class of leviable
horticultural products for the purposes of one or more of those sections, and
not for the purposes of the other sections or section.

HORTICULTURAL LEVY ACT 1987 - SECT 12 
By whom levy payable 
SECT

  12. The levy on any leviable horticultural products is payable by the
producer of the products.

HORTICULTURAL LEVY ACT 1987 - SECT 13 
Exemptions from levy 
SECT

  13. (1) Levy is not payable on leviable horticultural products that are
exported from Australia.

  (2) The regulations may exempt from levy:
  (a) leviable horticultural products produced by specified classes of
producers; or
  (b) specified subclasses of a class of leviable horticultural products.

HORTICULTURAL LEVY ACT 1987 - SECT 14 
Regulations 
SECT

  14. (1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing matters:
  (a) required or permitted by this Act to be prescribed; or
  (b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.

  (2) Without limiting the manner in which classes of leviable horticultural
products may be described in the regulations, the regulations may describe
such classes by reference to:
  (a) the use for which the products are sold by the producer;
  (b) the use to which the products are put by the producer; or
  (c) the state, form or condition of the products, whether by reference to a
process or otherwise.

  (2A) Without limiting the manner of determining the amount of leviable
horticultural products of a class prescribed for the purposes of subsection
(2) that is presumed to be produced in Australia, the regulations may
prescribe a manner of determining that amount by reference to any one or more
of the following:
  (a) the area under cultivation for the production of those leviable
horticultural products;
  (b) the number or quantity of trees, shrubs, plants, bulbs, corms or tubers
used or to be used for the production of those leviable horticultural
products;
  (c) the maturity of trees, shrubs or plants under cultivation for the
production of those leviable horticultural products.

  (3) Before making regulations for the purposes of section 8, the
Governor-General shall take into consideration any relevant recommendation
made to the Minister by the Australian Horticultural Corporation.

  (3A) Before making regulations for the purposes of section 8A, the
Governor-General must take into consideration any relevant recommendation made
to the Minister by the Product Board concerned.

  (4) Before making regulations for the purposes of section 9, the
Governor-General shall take into consideration any relevant recommendation
made to the Minister by the Horticultural Research and Development
Corporation.

  (5) Before making regulations for the purposes of section 13, the
Governor-General shall take into consideration any relevant recommendation
made to the Minister by the Australian Horticultural Corporation or the
Horticultural Research and Development Corporation.

  (6) Before making a recommendation to the Minister for the purposes of
subsection (3) or (5), the Australian Horticultural Corporation shall consult
with the body that, under the regulations, is the eligible industry body for:
  (a) the relevant leviable horticultural products; or
  (b) the relevant class or subclass of leviable horticultural products;
as the case requires.

  (7) Before making a recommendation to the Minister for the purposes of
subsection (4) or (5), the Horticultural Research and Development Corporation
shall consult with the body that, under the regulations, is the eligible
industry body for:
  (a) the relevant leviable horticultural products; or
  (b) the relevant class or subclass of leviable horticultural products;
as the case requires.

  (8) A recommendation under subsection (6) or (7) shall be accompanied by a
written statement of the views of the body consulted in relation to the making
of the recommendation.

  (9) The body that, under the regulations, is the eligible industry body
for:
  (a) leviable horticultural products; or
  (b) a class or subclass of leviable horticultural products;
may make recommendations to the Minister in relation to regulations to be made
for the purposes of section 10 in relation to those products or products
included in that class or subclass, as the case may be.

  (10) Before making regulations for the purposes of section 10, the
Governor-General shall take into consideration any relevant recommendation
made to the Minister under subsection (9).