Cotton Levy Act 1982
Act No. 147 of 1982 as amended
Consolidated as in force on 14 October 1999
(includes amendments up to Act No. 32 of 1999)
[Note: This Act is repealed by No. 32 of 1999]
Prepared by the Office of Legislative Drafting
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
4 Interpretation.................................
5 Imposition of levy..............................
6 Regulations..................................
Notes
An Act to impose a levy upon certain cotton produced in Australia
1 Short title [see Note 1]
This Act may be cited as the Cotton Levy Act 1982.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which it receives the Royal Assent.
4 Interpretation
In this Act, unless the contrary intention appears
growers’ organization means the organization known as the Australian Cotton Growers' Research Association or such other organization as is from time to time prescribed for the purposes of this definition.
leviable cotton means raw cotton, that is to say, the natural fibrous hairs that are produced from seed cotton by separating the hairs from the seed and are not further processed.
levy means an amount of levy imposed by this Act.
seed cotton means cotton seed, with the natural fibrous hairs attached, as extracted from the ripened bolls of a cotton plant.
(2) 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.
5 Imposition of levy
(1) Subject to this Act, levy is imposed on leviable cotton produced in Australia on or after 1 March 1983.
(2) The rate of levy in respect of leviable cotton is $1.00 per 225 kilograms or such other rate (not being a rate higher than $3.00 per 225 kilograms) as is from time to time prescribed for the purposes of this sub‑section.
(3) Levy on leviable cotton is payable to the Commonwealth by the producer of the cotton.
6 Regulations
(1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters permitted by this Act to be prescribed.
(2) Before making regulations for the purposes of sub‑section 5 (2), the Governor‑General shall take into consideration any relevant recommendation made to the Minister by the growers' organization.
Notes to the Cotton Levy Act 1982
Note 1
The Cotton Levy Act 1982as shown in this consolidation comprises Act No. 147, 1982 amended as indicated in the tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Cotton Levy Act 1982 | 147, 1982 | 31 Dec 1982 | 31 Dec 1982 | |
Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 | 26, 1991 | 1 Mar 1991 | Schedule 1 (items 3-5): (a) | — |
Primary Industries Levies and Charges (Consequential Amendments) Act 1999 | 32, 1999 | 14 May 1999 | Schedule 1 items 15, 16): 1 July 1999 (see s. 2(1)) | Sch. 1 (item 16) |
| | | | |
| | | | |
(a) The Cotton Levy Act 1982 was amended by Schedule 1 (items 3-5) only of the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991, section 2 of which provides as follows:
(1) This Act commences at the commencement of the Primary Industriues Levies and Charges Collection Act 1991.
The Primary Industries Levies and Charges Collection Act 1991 commenced on 1 July 1991.
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 |
S. 5.................... | am. No. 26, 1991 |
Overview
The Cotton Levy Act 1982 was enacted to impose a levy on cotton produced in Australia, specifically targeting raw cotton that has not undergone further processing. This Act was introduced to address the need for funding dedicated to research and development in the cotton industry. The primary objective of the Act was to ensure that growers contribute towards research activities that would enhance the industry's efficiency and productivity. The Act was passed by the Australian Parliament and was designed to be implemented through a levy imposed on cotton producers, with the funds collected being directed towards the Australian Cotton Growers' Research Association.
The Cotton Levy Act 1982 established a levy rate of $1.00 per 225 kilograms of leviable cotton, although this rate could be adjusted, provided it did not exceed $3.00 per 225 kilograms. The Act mandated that the levy be paid by the producers of the cotton to the Commonwealth, ensuring that the funding collected was centralised for distribution to relevant research bodies. The Act also allowed for the possibility of regulations being made by the Governor-General, provided they did not conflict with the Act and took into account recommendations from the growers' organisation. This approach aimed to balance the needs of the industry with the legislative framework governing the imposition and collection of the levy.
Scope and Application
The Cotton Levy Act 1982 applies to the imposition of a levy on leviable cotton, which is defined as raw cotton produced in Australia and not further processed. This Act imposes a levy on such cotton produced on or after 1 March 1983. The levy applies to the producers of cotton within Australia and is payable to the Commonwealth. The rate of levy is set at $1.00 per 225 kilograms, subject to potential variation not exceeding $3.00 per 225 kilograms as prescribed by regulations. The scope of the Act is confined to the cotton industry within Australia, specifically targeting the raw cotton stage before any further processing. The Act allows for the creation of regulations by the Governor-General, which must be made in accordance with the Act and consider recommendations from the growers' organization. The Act was repealed by the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991, with effect from 1 July 1999.
Key Provisions
The Cotton Levy Act 1982 (sections 5 and 6) imposes a levy on leviable cotton produced in Australia on or after 1 March 1983. Leviable cotton refers to the raw cotton fibres separated from the cotton seed, which is defined in section 4. The rate of this levy is currently set at $1.00 per 225 kilograms, although this rate may change, with a maximum limit of $3.00 per 225 kilograms (section 5(2)). The producer of the cotton is responsible for paying this levy to the Commonwealth (section 5(3)). The Act also allows the Governor-General to make regulations to prescribe certain matters, but these regulations must not conflict with the Act and must consider any relevant recommendations from the growers' organisation (section 6(1) and (2)).
The obligations imposed by the Act are primarily on cotton producers, who must pay the prescribed levy on their production of leviable cotton (section 5). The Act also mandates that the Governor-General consider recommendations from the growers' organisation when making regulations under section 6(1) and (2). These obligations ensure that the levy is properly collected and that the interests of the cotton-producing industry are taken into account in the regulatory process.
Breaches of the obligations set out in the Act may result in various consequences. While specific offences and penalties are not detailed in the Act itself, it is likely that penalties would be prescribed in regulations made under section 6. The Act's repeal by the Primary Industries Levies and Charges Collection Act 1999 suggests that any previous penalties and enforcement mechanisms have been superseded by the newer legislation. However, it is important to note that the repealed Act may still apply to certain events or transactions occurring before its repeal.