Barley Research Levy Act 1980

Overview

The Barley Research Levy Act 1980 was enacted to address the need for funding dedicated to barley research within Australia. This Act was passed by the Queen, in accordance with the Senate and the House of Representatives of the Commonwealth of Australia, and came into effect upon receiving Royal Assent on 17 December 1980. The Barley Research Levy Act 1980 imposes a levy on certain barley produced in Australia, specifically on barley harvested on or after 1 September 1980, to fund research initiatives. The rate of levy is set at 15 cents per tonne, with the possibility for this rate to be adjusted within a specified range. This levy is payable by the barley grower, with potential exemptions for specified classes of barley as determined by regulations. The policy objective of this Act is to ensure that sufficient funds are available for research into the barley industry, thereby supporting the growth and development of this sector.

Scope and Application

The Barley Research Levy Act 1980 applies to growers of barley in Australia who produce and harvest barley on or after 1 September 1980. It imposes a levy on barley produced within the Commonwealth of Australia, collected from the grower who owns the barley immediately after it is harvested or would have owned it but for a marketing law. The Act also allows for the exemption of specified classes of barley from the levy through regulations. The levy is payable by the grower at a rate of 15 cents per tonne, which may be adjusted by regulation to a maximum of 20 cents per tonne. The Governor-General has the authority to make regulations that are not inconsistent with the Act, and must consider any recommendations made by the growers organization before doing so. The Act extends its application through regulations, which may specify additional details or exceptions to the general provisions.

Key Provisions

The Barley Research Levy Act 1980 (sections 5-7) outlines the imposition of a levy on barley produced in Australia, which is harvested on or after 1 September 1980. This levy is applied to barley that is delivered by the grower to another person for purposes other than storage on behalf of the grower. The rate of the levy is specified as 15 cents per tonne, although this rate can be altered to a maximum of 20 cents per tonne if prescribed by regulation (section 6). The responsibility for paying this levy falls on the grower of the barley, which is defined as the person who owns the barley immediately after it is harvested or would have owned it but for a marketing law (section 4). The Act imposes obligations on growers to ensure they are aware of the levy requirements and make the necessary payments. It also places a duty on the grower to be deemed as having delivered the barley if it is taken out of their possession or control by another person, either pursuant to a marketing law or under other circumstances (section 4). Furthermore, the Act mandates that the growers organization can make recommendations to the Minister regarding regulations, which the Governor-General must consider before making regulations to determine the rate of the levy (section 9). There are no explicit offences, penalties, or civil/criminal consequences mentioned within the provided sections of the Barley Research Levy Act 1980. However, the Act’s framework suggests that non-compliance with the levy requirements, such as failure to pay the levy when delivering barley to another person, could lead to enforcement actions by regulatory authorities. The absence of specified penalties in the provided text does not preclude the possibility that further sections of the Act or related regulations might outline consequences for non-compliance.