Federal Register of Legislation - Australian Government

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TRITICALE Levy Act 1988

Act No. 116 of 1988 as made
An Act to impose a levy on TRITICALE produced in Australia
Date of Assent 12 Dec 1988
Date of repeal 01 Oct 1992
Repealed by Coarse Grains Levy (Consequential Provisions) Act 1992
 

TRITICALE LEVY ACT 1988 No. 116 of 1988

TRITICALE LEVY ACT 1988 No. 116 of 1988 - LONG TITLE

An Act to impose a levy on TRITICALE produced in Australia

TRITICALE LEVY ACT 1988 No. 116 of 1988 - SECT 1
Short title

(Assented to 12 December 1988)
1. This Act may be cited as the TRITICALE Levy Act 1988.

(Minister's second reading speech made in-
House of Representatives on 2 November 1988
Senate on 10 November 1988)

TRITICALE LEVY ACT 1988 No. 116 of 1988 - SECT 2
Commencement

2. (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act commence on a day to be fixed by Proclamation.

TRITICALE LEVY ACT 1988 No. 116 of 1988 - SECT 3
Acts to be read as one

3. The TRITICALE Levy Collection Act 1988 is incorporated, and shall be read as one, with this Act.

TRITICALE LEVY ACT 1988 No. 116 of 1988 - SECT 4
Act to bind Crown

4. This Act binds the Crown in right of each of the States and of the Northern Territory.

TRITICALE LEVY ACT 1988 No. 116 of 1988 - SECT 5
Imposition of levy

5. Subject to this Act, levy is imposed on leviable grain produced in Australia that is:
(a) delivered by the grower of the grain to another person, otherwise than for storage on behalf of the grower; or
(b) processed by the owner of the grain;
on or after the commencement of this section.

TRITICALE LEVY ACT 1988 No. 116 of 1988 - SECT 6
Rate of levy

6. The rate of levy in respect of any leviable grain is $1.00 per tonne or such other rate per tonne (not being a rate higher than $2.00 per tonne) as is from time to time prescribed in relation to that grain.

TRITICALE LEVY ACT 1988 No. 116 of 1988 - SECT 7
By whom levy payable

7. Levy on leviable grain is payable by the grower of the grain.

TRITICALE LEVY ACT 1988 No. 116 of 1988 - SECT 8
Exemption from levy

8. (1) Where the weight of all the leviable grain delivered by growers of leviable grain to a particular person in a levy year is less than the leviable weight in relation to that year, levy is not imposed on that grain.

(2) Where:
(a) leviable grain is processed by or for the grower of the grain; and
(b) all the products and by-products of that processing are used by the grower for domestic purposes or on the growers farm;
levy is not imposed on that grain.

(3) Where the weight of all the leviable grain processed by or for the grower of the grain in a levy year (other than any such grain on which levy is not imposed by virtue of subsection (2)) is less than the leviable weight in relation to that year, levy is not imposed on that grain.

TRITICALE LEVY ACT 1988 No. 116 of 1988 - SECT 9
Regulations

9. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Before making any regulation for the purposes of section 6, the Governor-General shall take into consideration any relevant recommendation made to the Minister by the organisation known, on the commencement of this Act, as the TRITICALE Association of Australia.