Federal Register of Legislation - Australian Government

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Barley Research Levy Act 1980

Act No. 169 of 1980 as amended, taking into account amendments up to Act No. 26 of 1991
Registered 23 Nov 2009
Start Date 01 Jul 1991
End Date 01 Oct 1992
Date of repeal 01 Oct 1992
Repealed by Coarse Grains Levy (Consequential Provisions) Act 1992

BARLEY RESEARCH LEVY ACT 1980
[Note: This Act is "repealed" by Act No. 20 of 1992]

(#DATE 22:07:1991)

- Reprinted as at 22 July 1991
*1*The Barley Research Levy Act 1980 as shown in this reprint comprises Act No. 169, 1980 amended as indicated in the Tables below.
Table of Acts
Act
Number Date Date of Application,
and year of Assent commencement saving or
transitional
provisions
Barley Research Levy Act 1980
169, 1980 17 Dec 1980 17 Dec 1980
Barley Research Levy Amendment Act 1983
60, 1983 12 Oct 1983 1 Oct 1983 S. 3 (2)
Barley Research Levy Amendment Act 1986
21, 1986 13 May 1986 13 May 1986 -
Statute Law (Miscellaneous Provisions) Act 1987
141, 1987 18 Dec 1987 S. 3: Royal Assent (a) S. 5 (1)
Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991
26, 1991 1 Mar 1991 1 July 1991 (see s. 2) -
(a) The Barley Research Levy Act 1980
was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.'
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ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted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. 141, 1987; No. 26, 1991
S. 5
am. No. 26, 1991
S. 6
am. No. 60, 1983; No. 21, 1986
S. 7
am. No. 26, 1991

BARLEY RESEARCH LEVY ACT 1980 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Section

1. Short title

2. Commencement

4. Interpretation

5. Imposition of levy

6. Rate of levy

7. By whom levy payable

8. Exemption from levy

9. Regulations

BARLEY RESEARCH LEVY ACT 1980 - LONG TITLE

SECT

An Act to impose a levy on certain barley produced in Australia

BARLEY RESEARCH LEVY ACT 1980 - SECT 1
Short title

SECT

1. This Act may be cited as the Barley Research Levy Act 1980.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

BARLEY RESEARCH LEVY ACT 1980 - SECT 2
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

BARLEY RESEARCH LEVY ACT 1980 - SECT 4
Interpretation

SECT

4.(1) In this Act, unless the contrary intention appears:
'growers organization' means the organization known as the Grains Council of Australia or, if another organization is, for the time being, prescribed for the purposes of this definition, that other organization;
'levy' means levy imposed by this Act;
(2) Where:
(a) a producer of any barley causes or permits the barley to be delivered to
another person or to be taken out of his possession or control by another person; or
(b) any barley is taken out of the possession or control of the producer by
another person in pursuance of a marketing law;
the producer shall, for the purposes of this Act, be deemed to have delivered the barley to that other person.
(3) Where a producer of any barley delivers the barley to a person for carriage (either by that person or a succession of persons commencing with that person) to another person otherwise than for further carriage, the delivery shall, for the purposes of this Act, be deemed to have been to the last-mentioned person.
(4) If the ownership of any barley passes from the producer of the barley to a person in a way that does not involve, or to a number of persons in succession in ways none of which involves, the delivery of the barley to any person, a reference in this Act to the producer shall, in relation to the barley, be read as a reference to that person or to the last of those persons, as the case may be.
(5) 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.

BARLEY RESEARCH LEVY ACT 1980 - SECT 5
Imposition of levy

SECT

5.(1) Subject to this Act, levy is imposed on barley produced in Australia and harvested on or after 1 September 1980.
(2) Levy is not payable on any barley unless the producer of the barley delivers the barley to another person otherwise than for storage on behalf of the producer.

BARLEY RESEARCH LEVY ACT 1980 - SECT 6
Rate of levy

SECT

6. The rate of levy on barley is 30 cents per tonne or, if another rate (not being a rate higher than 75 cents per tonne) is, for the time being, prescribed for the purposes of this section, that other rate.

BARLEY RESEARCH LEVY ACT 1980 - SECT 7
By whom levy payable

SECT

7. Levy on any barley is payable by the producer of the barley.

BARLEY RESEARCH LEVY ACT 1980 - SECT 8
Exemption from levy

SECT

8. The regulations may exempt from levy barley of a specified class.

BARLEY RESEARCH LEVY ACT 1980 - SECT 9
Regulations

SECT

9.(1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The growers organization may make recommendations to the Minister with respect to regulations to be made for the purposes of section 6.
(3) Before making regulations for the purposes of section 6, the Governor-General shall take into consideration any relevant recommendation made by the growers organization under subsection (2).