Pasture Seed Levy Act 1989
Act No. 146 of 1989 as amended
Consolidated as in force on 7 December 1999
(includes amendments up to Act No. 32 of 1999)
[Note: This Act is repealed by No. 32, 1999]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 Act to bind Crown
6 Imposition of levy
7 Rate of levy
8 By whom levy payable
9 Variation of Schedule
Schedule
Notes
An Act to impose a levy on certain pasture seed harvested in Australia
1 Short title [see Note 1]
This Act may be cited as the Pasture Seed Levy Act 1989.
2 Commencement [see Note 1]
This Act commences on the day on which it receives the Royal Assent.
4 Interpretation
(1) In this Act:
leviable seed means seed of a plant of a specified cultivar.
specified cultivar means a cultivar whose name is specified in the column headed “Cultivar” in the Schedule, being a cultivar of plants of the species and common name last specified in the Schedule before the name of the cultivar.
(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 Act to bind Crown
This Act binds the Crown in right of each of the States.
6 Imposition of levy
Levy is imposed on leviable seed:
(a) harvested in Australia on or after the commencement of this Act; and
(b) certified under a certification scheme;
other than seed (if any) belonging to a State.
7 Rate of levy
The rate of levy in respect of any leviable seed of a plant of a cultivar is the amount per tonne specified in the column headed “Rate of Levy” in the Schedule next to the name of the cultivar.
8 By whom levy payable
Levy on leviable seed is payable by the producer of the seed.
9 Variation of Schedule
(1) The Minister may, by instrument published in the Gazette, declare that the Schedule is to be taken to be amended in a manner specified in the instrument, and that declaration has effect accordingly.
(2) Before making an instrument under subsection (1), the Minister shall take into consideration any relevant recommendation made to him or her by the growers organisation.
(3) The Schedule is not to be varied so that it sets out a rate of levy higher than $50.00 per tonne.
(4) The instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(5) For the purposes of section 8 of the Acts Interpretation Act 1901, a declaration under subsection (1) that is taken to amend the Schedule by way of repealing part of it is to be taken to be an Act that repeals that part.
Schedule
Section 4
Cultivars having leviable seeds | ||||
Kind of Plant |
| |||
Species | Common Name | Cultivar | Rate of Levy | |
Medicago truncatula | Barrel medic | Ascot | $7.50/tonne | |
|
| Cyprus | $7.50/tonne | |
|
| Jemalong | $7.50/tonne | |
|
| Parabinga | $7.50/tonne | |
|
| Paraggio | $7.50/tonne | |
|
| Sephi | $7.50/tonne | |
Medicago polymorpha | Burr medic | Circle Valley | $7.50/tonne | |
|
| Santiago | $7.50/tonne | |
|
| Serena | $7.50/tonne | |
Medicago murex | Murex medic | Zodiac | $7.50/tonne | |
Medicago tornata | Disc medic | Tornafield | $7.50/tonne | |
Medicago rugosa | Gama medic | Paraponto | $7.50/tonne | |
|
| Sapo | $7.50/tonne | |
Medicago scutellata | Snail medic | Sava | $7.50/tonne | |
|
| Sair | $7.50/tonne | |
Medicago littoralis | Strand medic | Harbinger | $7.50/tonne | |
|
| Harbinger AR | $7.50/tonne | |
Medicago sativa | Lucerne | Amador | $12.50/tonne | |
|
| Aurora | $12.50/tonne | |
|
| Cimarron | $12.50/tonne | |
|
| CUF 101 | $12.50/tonne | |
|
| Falkiner | $12.50/tonne | |
|
| Hunterfield | $12.50/tonne | |
|
| Hunter River | $12.50/tonne | |
|
| Matador | $12.50/tonne | |
|
| Maxidor II | $12.50/tonne | |
|
| Nova | $12.50/tonne | |
|
| Pioneer 577 | $12.50/tonne | |
|
| Pioneer 581 | $12.50/tonne | |
|
| Pioneer 5929 | $12.50/tonne | |
|
| P581 | $12.50/tonne | |
|
| Sequel | $12.50/tonne | |
|
| Sheffield | $12.50/tonne | |
|
| Siriver | $12.50/tonne | |
|
| Springfield | $12.50/tonne | |
|
| Southern Special | $12.50/tonne | |
|
| Trifecta | $12.50/tonne | |
|
| Validor | $12.50/tonne | |
|
| Wakefield | $12.50/tonne | |
|
| WL 318 | $12.50/tonne | |
|
| WL 415 | $12.50/tonne | |
|
| WL 514 | $12.50/tonne | |
|
| WL 515 | $12.50/tonne | |
|
| WL 516 | $12.50/tonne | |
|
| WL 605 | $12.50/tonne | |
|
| WL Southern | $12.50/tonne | |
|
| Special |
| |
Trifolium balansae | Balansa clover | Paradana | $10/tonne | |
Trifolium hirtum | Rose clover | Hykon | $10/tonne | |
|
| Kondinin | $10/tonne | |
Trifolium pratense | Red clover | Redquin | $10/tonne | |
Trifolium fragiferum | Strawberry | O’Connors | $10/tonne | |
| clover | Palestine | $10/tonne | |
Trifolium resupinatum | Persian | Kyambro | $10/tonne | |
| clover |
|
| |
Trifolium subterraneum | Sub clover | Clare | $10/tonne | |
|
| Daliak | $10/tonne | |
|
| Dalkeith | $10/tonne | |
|
| Enfield | $10/tonne | |
|
| Junee | $10/tonne | |
|
| Geraldton | $10/tonne | |
|
| Karridale | $10/tonne | |
|
| Larisa | $10/tonne | |
|
| Meteora | $10/tonne | |
|
| Mt. Barker | $10/tonne | |
|
| Nungarin | $10/tonne | |
|
| Rosedale | $10/tonne | |
|
| Seaton Park | $10/tonne | |
|
| Seaton Park | $10/tonne | |
|
| (reselected) |
| |
|
| Trikkala | $10/tonne | |
|
| Woogenellup | $10/tonne | |
|
| Bacchus Marsh | $10/tonne | |
|
| Dinninup | $10/tonne | |
|
| Esperance | $10/tonne | |
|
| Green Range | $10/tonne | |
|
| Northam | $10/tonne | |
|
| Tallarook | $10/tonne | |
Trifolium repens | White clover | Haifa | $10/tonne | |
|
| Irrigation | $10/tonne | |
Trifolium semipilosum | Kenya white | Safari | $10/tonne | |
| clover |
|
| |
Notes to the Pasture Seed Levy Act 1989
Note 1
The Pasture Seed Levy Act 1989 as shown in this consolidation comprises Act No. 146, 1989 amended as indicated in the Tables below.
Table of Acts
Act | Number | Date | Date of commencement | Application, saving or transitional provisions |
Pasture Seed Levy Act 1989 | 146, 1989 | 23 Nov 1989 | 23 Nov 1989 |
|
Primary Industries Levies and Charges (Consequential Provisions) Act 1991 | 26, 1991 | 1 Mar 1991 | 1 July 1991 (see s. 2) | — |
Primary Industries Levies and Charges (Consequential Amendments) Act 1999 | 32, 1999 | 14 May 1999 | Schedule 1 (items 67, 68): I July 1999 (a) | Sch. 1 (item 68) |
(a) The Pasture Seed Levy Act 1989 was repealed by the Primary Industries Levies and Charges (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999.
Section 1 of the Primary Industries Levies and Charges (Consequential Amendments) Act 1999 commenced on 1 July 1999
Table A
Application, saving or transitional provision
Primary Industries Levies and Charges (Consequential Amendments) Act 1999 (No. 32, 1999)
Schedule 1
68 Application
The repeal of the Pasture Seed Levy Act 1989 by this Schedule applies to leviable seed certified under a certification scheme after the commencement of this item.