Sugar Cane Levy Act 1987 (Cth)

SUGAR CANE LEVY ACT 1987
- Updated as at 31 October 1994 (#DATE 31:10:1994)

*1* The Sugar Cane Levy Act 1987 as shown in this reprint comprises Act No. 25, 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 Sugar Cane Levy Act 1987 25, 1987 26 May 1987 26 May 1987 Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 26, 1991 1 Mar 1991 1 July 1991 S. 5 (see s. 2) Sugar Cane Levy Amendment Act 1992 112, 1992 27 Aug 1992 27 Aug 1992 - Primary Industries and Energy Legislation Amendment Act (No. 2) 1994 129, 1994 21 Oct 1994 S. 3: Royal S. 4 Assent (a) (a) The Sugar Cane Levy Act 1987 was amended by section 3 only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1994, subsection 2 (1) of which provides as follows: "(1) Subject to this section, this Act commences on 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 Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 3 rep. No. 26, 1991 S. 4 am. No. 26, 1991; No. 129, 1994 S. 7 am. No. 112, 1992 S. 8 rs. No. 26, 1991 #ADD 24:11:1994

SUGAR CANE LEVY ACT 1987 - TABLE OF PROVISIONS 
TABLE

                        TABLE OF PROVISIONS
Section
    1. Short title
    2. Commencement
    4. Interpretation
    5. Act to bind Crown
    6. Imposition of levy
    7. Rate of levy
    8. By whom levy payable
    9. Regulations

SUGAR CANE LEVY ACT 1987 - LONG TITLE 
SECT

    An Act to impose a levy on sugar cane produced in Australia

SUGAR CANE LEVY ACT 1987 - SECT 1 
Short title 
SECT

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

SUGAR CANE LEVY ACT 1987 - SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

SUGAR CANE LEVY ACT 1987 - SECT 4 
Interpretation 
SECT

  4. (1) In this Act, unless the contrary intention appears:
  "accepted sugar cane" means sugar cane accepted at a sugar mill for
processing;
  "levy" means an amount of levy imposed by this Act;
  "processing" means processing for the purpose of producing raw sugar;
  "sugar cane" means stalks (whether whole or not) of the sugar cane plant;
  "sugar industry organisations" means the organisations prescribed for the
purposes of this definition;
  "sugar mill" means any premises at which sugar cane is processed.

  (2) If the ownership of sugar cane passes from the grower of that sugar cane
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 that sugar cane to
any person, a reference in this Act to the grower shall, in relation to that
sugar cane, be read as a reference to that person or to the last of those
persons, as the case may be.

  (3) 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.

SUGAR CANE LEVY ACT 1987 - SECT 5 
Act to bind Crown 
SECT

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

SUGAR CANE LEVY ACT 1987 - SECT 6 
Imposition of levy 
SECT

  6. (1) Subject to this Act, levy is imposed on sugar cane produced in
Australia.

  (2) Levy is not payable on sugar cane unless on or after 1 June 1987 the
sugar cane is accepted at a sugar mill for processing.

SUGAR CANE LEVY ACT 1987 - SECT 7 
Rate of levy 
SECT

  7. The rate of levy in respect of sugar cane is $0.05 per tonne or such
other rate (not being a rate higher than $0.15 per tonne) as is prescribed
from time to time for the purposes of this section.

SUGAR CANE LEVY ACT 1987 - SECT 8 
By whom levy payable 
SECT

  8. Levy on accepted sugar cane is payable:
  (a) as to 50% of the levy or such other percentage as is prescribed from
time to time for the purposes of this paragraph - by the producer prescribed
for the purposes of this paragraph; and
  (b) as to the remainder of the levy - by the producer prescribed for the
purposes of this paragraph.

SUGAR CANE LEVY ACT 1987 - SECT 9 
Regulations 
SECT

  9. (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) Before making regulations for the purposes of:
  (a) section 7; or
  (b) paragraph 8 (a);
the Governor-General shall take into consideration any relevant recommendation
arising out of consultations between the Minister and the sugar industry
organisations.