Barley Research (Levy Collection) Regulations

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Statutory Rules 1980 No. 3951

 

Barley Research (Levy Collection) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Barley Research Act 1980.

Dated 22 December 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

PETER NIXON

Minister of State for Primary Industry

 

Citation

 1. These Regulations may be cited as the Barley Research (Levy Collection) Regulations.

Interpretation

 2. In these Regulations, unless the contrary intention appears —

“authorized agent” means a person appointed by a grower or purchaser of barley under regulation 7 to be his authorized agent;

“company” includes a co-operative society incorporated under a law of a State or Territory;

“Department” means the Department of State administered by the Minister of State for the time being administering the Act;

“leviable barley” means barley on which levy is imposed by the Levy Act;

“quarter” means a period of 3 months ending on the last day of February, May, August or November;

“Secretary” means the person who, for the time being, is, or is performing the duties of, the Permanent Head of the Department within the meaning of the Public Service Act 1922;

“the Act” means the Barley Research Act 1980.

Manner of payment of levy, &c.

 3. The payment of levy imposed on any barley and other moneys payable to the Commonwealth under the Act shall be made to the Collector of Public Moneys at the office of the Department in Canberra.

Return to be furnished by purchasers of barley

 4. (1) Where —

 (a) a person has become the purchaser of any leviable barley; and

 (b) the barley has been delivered by the grower of the barley to a person other than the grower otherwise than for storage on behalf of the grower,

the purchaser of the barley shall furnish to the Secretary a return containing, in respect of the quarter during which the barley was so delivered by the grower, the particulars specified in sub‑regulation (2).

 (2) The particulars referred to in sub-regulation (1) are the following particulars:

 (a) the full name and address of the person furnishing the return;

 (b) the quarter to which the return relates;

 (c) the number of tonnes of leviable barley, being barley delivered in the quarter by the grower of the barley to another person otherwise than for storage on behalf of the grower, of which the person furnishing the return has become the purchaser;

 (d) the State in which the barley referred to in paragraph (c) was harvested or, if not all the barley was harvested in one State, the States in which the barley was harvested and the number of tonnes of the barley harvested in each such State;

 (e) the amount of levy imposed by the Levy Act on the barley.

Return to be furnished by growers of barley

 5. (1) A grower of barley who exports any leviable barley of which he is the grower shall furnish to the Secretary a return containing, in respect of the quarter during which he exports the barley, the particulars specified in sub-regulation (2).

 (2) The particulars referred to in sub-regulation (1) are the following particulars:

 (a) the full name and address of the grower;

 (b) the quarter to which the return relates;

 (c) the number of tonnes of leviable barley exported by the grower of the barley in the quarter;

 (d) the State in which the barley was harvested or, if not all the barley was harvested in one State, the States in which the barley was harvested and the number of tonnes of the barley harvested in each such State;

 (e) the amount of levy imposed by the Levy Act on the barley.

Execution and lodgment of returns

 6. A return referred to in regulation 4 or 5 —

 (a) shall be signed —

 (i) by the person furnishing the return or his authorized agent; or

 (ii) where that person is a company — by a director or the secretary of the company or by the authorized agent of the company; and

 (b) shall be furnished to the Secretary by lodging it at the office of the Department in Canberra —

 (i) except where sub-paragraph (ii) applies — within 14 days after the end of the quarter to which it relates; or

 (ii) where the quarter to which it relates ended before the date of commencement of the Act — within 8 weeks after that date.

Authorized agent

 7. (1) A person who is required to furnish a return under regulation 4 or 5 may, by instrument in writing, appoint a person to be his authorized agent for the purpose of signing that return.

 (2) An instrument referred to in sub-regulation (1) shall be in accordance with the form in the Schedule and when completed shall be lodged at the office of the Department in Canberra.

Proper records to be kept

 8. (1) Where —

 (a) a person has become the purchaser of any leviable barley; and

 (b) the barley has been delivered by the grower of the barley to a person other than the grower otherwise than for storage on behalf of the grower,

the purchaser of the barley shall keep, or cause to be kept, a proper record showing —

 (c) the number of tonnes of leviable barley of which he has become the purchaser; and

 (d) the State in which the barley was harvested or, if not all the barley was harvested in one State, the States in which the barley was harvested and the number of tonnes of the barley harvested in each such State.

 (2) The record referred to in sub-regulation (1) shall be retained by the purchaser of the leviable barley for at least 5 years after the date on which he became the purchaser of the barley.

 (3) A person who exports any leviable barley of which he is the grower shall at all times keep, or cause to be kept, proper records showing —

 (a) the number of tonnes of such leviable barley exported by him; and

 (b) the State in which the barley was harvested or, if not all the barley was harvested in one State, the States in which the barley was harvested and the number of tonnes of the barley harvested in each such State.

 (4) The records referred to in sub-regulation (3) shall, in so far as they relate to particular barley, be retained by the grower of the leviable barley for at least 5 years after the date on which he exported that barley.

Penalty: $500.

 

 Schedule Regulation 7

COMMONWEALTH OF AUSTRALIA

Barley Research (Levy Collection) Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary

I, (full name and address) hereby appoint (full name, address and occupation of authorized agent) a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf a return prepared for the purposes of regulation 4 or 5 of the Barley Research (Levy Collection) Regulations.

 

 Dated this  day of    1980.

 

(Signature of person appointing authorized agent or, where the person is a company, signature of a director or the secretary of the company and his designation)

 

 

 Dated this  day of    1980.

 

(Signature of authorized agent)

Note

1. Notified in the Commonwealth of Australia Gazette on 31 December 1980.

Overview

The Barley Research (Levy Collection) Regulations 1980 were enacted to provide a framework for the collection of levies on barley as stipulated under the Barley Research Act 1980. These regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and they came into effect on 22 December 1980. The primary objective of these regulations is to ensure that the necessary funds are collected efficiently and effectively to support research into barley and its associated industries. They establish the procedures for levy payment, the specific information that must be included in returns from both purchasers and growers of leviable barley, and the requirements for maintaining proper records related to the barley transactions. These regulations mandate that purchasers and growers of barley must submit detailed returns to the Secretary of the Department within specified timeframes. They also allow for the appointment of authorized agents to sign these returns on behalf of the growers or purchasers. Additionally, the regulations stipulate the retention period for records related to the barley transactions, which is five years from the date of purchase or export. Non-compliance with these regulations can result in a penalty of up to $500. The Barley Research (Levy Collection) Regulations 1980 are integral to the effective functioning of the Barley Research Act 1980, ensuring that the funds collected are managed and used for the intended research purposes.

Scope and Application

The Barley Research (Levy Collection) Regulations, made under the Barley Research Act 1980, apply to any person or entity that is involved in the purchase, delivery, or export of leviable barley, which is barley on which a levy is imposed by the Levy Act. The regulations are applicable across the Commonwealth of Australia and mandate that payments of the levy and other monies payable to the Commonwealth must be made to the Collector of Public Moneys at the Department's office in Canberra. Purchasers of leviable barley must furnish a return to the Secretary of the Department, detailing specific information about the barley delivered, including the name and address of the purchaser, the quarter, the number of tonnes of barley, the state(s) of harvest, and the amount of levy imposed. Growers who export leviable barley are also required to furnish a similar return detailing their exports. These returns must be signed by the person or their authorised agent and lodged within prescribed timeframes. Additionally, both purchasers and growers must maintain proper records for at least five years. Failure to comply with these requirements may result in a penalty of $500.

Key Provisions

The Barley Research (Levy Collection) Regulations, made under the Barley Research Act 1980, establish the framework for the collection of levies on barley. Specifically, section 3 requires that the levy imposed on any barley and other moneys payable to the Commonwealth under the Act must be made to the Collector of Public Moneys at the office of the Department in Canberra. Sections 4 and 5 mandate that purchasers and growers of leviable barley must furnish returns to the Secretary, detailing the particulars of the barley transactions, such as the number of tonnes and the State where harvested, as well as the amount of levy imposed by the Levy Act. These returns must be signed by the person furnishing the return or their authorized agent, or by a director or the secretary of the company if the person is a company, and must be lodged within specific timeframes. The Regulations impose several obligations on the parties they govern. Section 4 requires purchasers of leviable barley to furnish a return to the Secretary if they have become the purchaser of barley delivered by a grower to a person other than the grower, unless it was for storage on behalf of the grower. Similarly, Section 5 requires growers who export leviable barley to furnish a return to the Secretary. Section 6 specifies the manner in which these returns must be executed and lodged, including the requirement for them to be signed by the appropriate person or their authorized agent and the stipulated timeframes for lodgment. Section 7 allows for the appointment of an authorized agent to sign the return on behalf of the person required to furnish it, provided that the appointment is made in writing and in the prescribed form. Additionally, sections 8(1) and 8(3) mandate that purchasers and growers of leviable barley must keep proper records of their transactions for at least five years. Failure to comply with the obligations and requirements set out in these Regulations may result in civil consequences. Under section 8, the penalty for not keeping proper records is set at $500. This penalty applies to both purchasers and growers of leviable barley who fail to retain the required records for the specified period. The Regulations do not explicitly state other criminal or civil penalties for non-compliance, but non-compliance with legislative requirements can often lead to further actions, such as fines, legal proceedings, or other administrative sanctions.

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