Overview

The Pasture Seed Levy Act 1989, Act No. 146, was enacted to impose a levy on certain pasture seed harvested in Australia. This Act was introduced to address the need for a financial mechanism to support industry development and research in the pasture seed sector. The enacting body responsible for this legislation was the Australian Parliament. The policy objective of the Act was to generate revenue through the imposition of a levy on specified pasture seed varieties, thereby funding activities that would enhance the productivity and sustainability of pasture-based agricultural industries. The Act was repealed by the Primary Industries Levies and Charges (Consequential Amendments) Act 1999, which aligned with broader reforms in the primary industries sector.

Scope and Application

The Pasture Seed Levy Act 1989 imposes a levy on certain pasture seed harvested in Australia, specifically targeting seed of specified cultivars listed in the Schedule. The Act applies to producers of pasture seed that are harvested in Australia and certified under a certification scheme, with the notable exception of seed belonging to a State. The levy is imposed on the producer of the seed, and the rate of levy is determined per tonne as specified in the Schedule for each cultivar. This Act binds the Crown in right of each of the States and was in force until repealed by the Primary Industries Levies and Charges (Consequential Amendments) Act 1999. The Minister has the authority to amend the Schedule by instrument published in the Gazette, with the condition that the rate of levy must not exceed $50.00 per tonne. This Act does not apply to leviable seed certified under a certification scheme after the commencement of the repeal by the Primary Industries Levies and Charges (Consequential Amendments) Act 1999.

Key Provisions

The Pasture Seed Levy Act 1989 establishes a levy on specific pasture seed harvested in Australia, effective from its commencement on the day of Royal Assent. The Act specifies that a levy is imposed on "leviable seed," defined as seed of a plant of a specified cultivar, as listed in the Schedule (section 6). This levy applies to seed harvested in Australia after the Act's commencement and that is certified under a certification scheme, with the exception of seed belonging to a State (section 6). The rate of the levy is determined by the amount per tonne specified in the Schedule next to the cultivar's name (section 7). The levy is payable by the seed producer (section 8). The Minister has the authority to amend the Schedule by instrument published in the Gazette, but the levy rate cannot exceed $50.00 per tonne (section 9). The Act imposes several obligations on parties involved. Producers of leviable seed must ensure that the seed is certified under a certification scheme to be subject to the levy. The Minister must consider recommendations from growers' organisations before varying the Schedule (section 9(2)). Additionally, the Act binds the Crown in right of each of the States, meaning the Crown is subject to the same obligations as any other entity under the Act (section 5). Breach of the provisions under this Act can lead to various consequences. Although the Act itself does not explicitly detail offences, penalties, or consequences for non-compliance, it is bound by the overarching legal framework of Australia. In the context of levies and charges, non-compliance could potentially lead to legal action under other related legislation, such as the Primary Industries Levies and Charges Collection Act 1991, which may impose penalties for non-payment or evasion of levies. The exact penalties would depend on the specific breach and applicable laws at the time of the offence. The Act was repealed by the Primary Industries Levies and Charges (Consequential Amendments) Act 1999, with the repeal applying to leviable seed certified under a certification scheme after 1 July 1999.