Horticultural Levy Collection Regulations (Cth)

Statutory Rules 1988 No. 1911

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Horticultural Levy Collection Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Horticultural Levy Collection Act 1987.

Dated 25 July 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

JOHN KERIN

Minister of State for Primary

Industries and Energy

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Citation

1. These Regulations may be cited as the Horticultural Levy Collection Regulations.

Commencement

2. These Regulations commence on the date of commencement of the Levy Act.

Interpretation

3. In these Regulations, unless the contrary intention appears:

“prescribed first purchaser” means a person:

(a) who, because of a business carried on by the person, is a first purchaser of leviable horticultural products; and

(b) whose business referred to in paragraph (a) is not wholly or substantially a business of selling or processing horticultural products;

 

“the Collection Act” means the Horticultural Levy Collection Act 1987;

“the Levy Act” means the Horticultural Levy Act 1987.

Date of payment of levy

4. For the purposes of section 6 of the Collection Act:

(a) the amount of levy on leviable horticultural products sold by the producer to a first purchaser (excluding a prescribed first purchaser) or through a selling agent is payable on or before the twenty-eighth day of the month next succeeding the month in which those leviable horticultural products were so sold; and

(b) the amount of levy on leviable horticultural products sold by the producer other than to a first purchaser (excluding a prescribed first purchaser) or through a selling agent, or used by the producer in the production in Australia of fruit juice or another processed product, is payable on 28 February in the calendar year next succeeding the calendar year in which those leviable horticultural products were so sold or used, as the case may be.

Manner of payment of amounts

5. Amounts of levy, and other amounts, payable to the Commonwealth under the Collection Act or the Levy Act or any regulation made under either or both of those Acts shall be paid to the Collector of Public Moneys at the office of the Department in Canberra.

Authorised agents

6. (1) A person required under any regulation made under the Collection Act, the Levy Act or both of those Acts to sign a declaration or other document may appoint a person to be an authorised agent to sign the document on his, her or its behalf.

(2) An appointment of an authorised agent shall:

(a) be in accordance with the form in Schedule .1; and

(b) be lodged at the office of the Department in Canberra.

Execution of documents

7. Where a document, including an appointment under regulation 6 or a declaration, is required under a regulation made under the Collection Act, the Levy Act or both of those Acts to be signed by a person, body corporate or partnership, it may be signed:

(a) in the case of an individual—by any other person authorised by him or her in writing to act on his or her behalf in matters that include matters arising under that regulation;

(b) in the case of a body corporate—by a director, secretary or principal officer of the body corporate who purports so to sign or by a person authorised in writing under the rules of the body corporate to act on behalf of the body corporate in matters that include matters arising under that regulation; or

(c) in the case of a partnership—by one of the partners who purports so to sign or by a person authorised in writing under the rules of the partnership to act on behalf of the partnership in matters that include matters arising under that regulation.

Form of warrant to enter premises

8. For the purposes of section 13 of the Collection Act, a warrant may be in the form in Schedule 2.

Orders

9. Subject to section 22 of the Collection Act, the Minister may make orders, not inconsistent with that Act or these Regulations, with respect to any matter for or in relation to which provision may be made by regulations under that Act.

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SCHEDULE 1Paragraph 6 (2) (a)

COMMONWEALTH OF AUSTRALIA

HORTICULTURAL LEVY COLLECTION REGULATIONS

APPOINTMENT OF AUTHORISED AGENT

To the Secretary to the Department of Primary Industries and Energy

I/We* (full name and business, or residential, address, of first purchaser, selling agent or producer, not being the address of a post office box or bag)hereby appoint (full name, occupation and business, or residential, address, of person, not being the address of a post office box or bag)to be an authorised agent for the purpose of signing on my/our* behalf any declaration or other document required, under any regulation made under the Horticultural Levy Act 1987 or the Horticultural Levy Collection Act 1987, to be furnished by me/us*.

Dated at 19

(Signature of person appointing the authorised agent or, where that person is a body corporate, the signature and designation of a director, secretary or principal officer of the body corporate or, where the persons appointing the authorised agent are in partnership, the signature of one of the partners and the word “Partner”)

Dated at 19

(Signature of authorised agent)

* Omit whichever is not applicable.

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SCHEDULE 2Regulation 8

COMMONWEALTH OF AUSTRALIA

HORTICULTURAL LEVY COLLECTION REGULATIONS

WARRANT UNDER SECTION 13 OF THE HORTICULTURAL LEVY COLLECTION ACT 1987

To: (name of person), an authorised person for the purposes of section 13 of the Horticultural Levy Collection Act 1987.

I, , magistrate (or) justice of the peace*,

being satisfied, on an application under section 13 of that Act, in relation to premises at (full address of the premises), by information on oath (or) affirmation*:

(a) that there is reasonable ground for believing:

*(i) that leviable horticultural products:

*(a) are produced on those premises, whether by growing or harvesting, or by processing the products or other products; (or)

*(b) are handled, stored or processed on those premises; (or)

*(ii) that goods produced from leviable horticultural products are stored on those premises; (or)

*(iii) that there are examinable documents on those premises; and

(b) that the issue of this warrant is reasonably required for the purposes of that Act;

HEREBY AUTHORISE you to enter those premises:

(c) with such assistance, and by such force, as is necessary and reasonable; and

(d) during the hours of (time and date)(or) at any time*;

for the purpose of exercising the powers of an authorised person under subsection 12 (2) of that Act during the period beginning on (date)and ending at the expiration of (insert date).

Dated 19

Magistrate (or) Justice of the Peace*

* Adapt to suit the circumstances

 

NOTE

1. Notified in the Commonwealth of Australia Gazette