Triticale Levy
Act 1988
No.
116 of 1988
An
Act to impose a levy on triticale produced in Australia
[Assented to 12 December 1988]
BE IT ENACTED by the Queen, and the
Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short
title
1. This Act may be cited
as the Triticale Levy Act 1988.
Commencement
2. (1) Sections 1 and 2 commence on the day on which this Act receives
the Royal Assent.
(2) The remaining
provisions of this Act commence on a day to be fixed by Proclamation.
Acts
to be read as one
3. The Triticale Levy Collection Act 1988 is
incorporated, and shall be read as one, with this Act.
Act
to bind Crown
4. This Act binds the
Crown in right of each of the States and of the Northern Territory.
Imposition
of levy
5. Subject to this Act,
levy is imposed on leviable grain produced in Australia that is:
(a)
delivered by the grower of the grain to another person, otherwise than for
storage on behalf of the grower; or
(b)
processed by the owner of the grain; on or after the commencement of this
section.
Rate
of levy
6. The rate of levy in
respect of any leviable grain is $1.00 per tonne or such other rate per tonne
(not being a rate higher than $2.00 per tonne) as is from time to time
prescribed in relation to that grain.
By
whom levy payable
7. Levy on leviable grain
is payable by the grower of the grain.
Exemption
from levy
8. (1) Where the weight of all the leviable grain delivered by growers
of leviable grain to a particular person in a levy year is less than the
leviable weight in relation to that year, levy is not imposed on that grain.
(2) Where:
(a)
leviable grain is processed by or for the grower of the grain; and
(b)
all the products and by-products of that processing are used by the grower for
domestic purposes or on the growers farm;
levy
is not imposed on that grain.
(3) Where the weight of all
the leviable grain processed by or for the grower of the grain in a levy year
(other than any such grain on which levy is not imposed by virtue of subsection
(2)) is less than the leviable weight in relation to that year, levy is not
imposed on that grain.
Regulations
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 any
regulation for the purposes of section 6, the Governor-General shall take into
consideration any relevant recommendation made to the Minister by the
organisation known, on the commencement of this Act, as the Triticale
Association of Australia.
[Minister’s second reading speech made in—
House
of Representatives on 2 November 1988
Senate
on 10 November 1988