Federal Register of Legislation - Australian Government

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Cotton Levy Act 1982

Authoritative Version
Act No. 147 of 1982 as made
An Act to impose a levy upon certain cotton produced in Australia
Date of Assent 31 Dec 1982
Date of repeal 01 Jul 1999
Repealed by Primary Industries Levies and Charges (Consequential Amendments) Act 1999

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Cotton Levy Act 1982

No. 147 of 1982

 

An Act to impose a levy upon certain cotton produced in Australia

[Assented to 31 December 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Cotton Levy Act 1982.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Acts to be read as one

3. The Cotton Research Act 1982 shall be read as one with this Act.

Interpretation

4. In this Act, unless the contrary intention appears—

“grower”, in relation to leviable cotton, means—

(a) except where paragraph (b) applies—the person who, immediately before the leviable cotton is produced, owns the seed cotton from which the leviable cotton is produced; or


(b) where, under a marketing law, the leviable cotton vests in a board or authority at or before that time—the person who would have owned the leviable cotton at that time but for that law;

“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;

“marketing law” means a law of a State or Territory relating to the marketing of leviable cotton;

“seed cotton” means cotton seed, with the natural fibrous hairs attached, as extracted from the ripened bolls of a cotton plant.

Imposition of levy

5. (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 grower of the cotton.

Regulations

6. (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.