GRAIN LEGUMES LEVY ACT 1985
- Updated as at 23 August 1993 (HISTACT CHAP 1391 #DATE 23:08:1993)
*1* The Grain Legumes Levy Act 1985 as shown in this reprint comprises Act No.
106, 1985 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Grain Legumes Levy Act 1985
106, 1985 16 Oct 1985 Ss. 1 and 2: Royal Assent
Remainder: 1 Nov 1985 (see
Gazette 1985, No. S449)
Grain Legumes Levy Legislation Amendment Act 1989
158, 1989 14 Dec 1989 1 Jan 1990 (see Gazette 1989,
No. S387) -
Primary Industries Levies and Charges Collection (Consequential
Provisions) Act 1991
26, 1991 1 Mar 1991 1 July 1991 (see s. 2)
S. 5
Grain Legumes Levy Amendment Act 1992
124, 1992 17 Oct 1992 1 Oct 1992 -
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ad=added or inserted am=amended rep=repealed rs=repealed and substituted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. 158, 1989; No. 26, 1991;
No. 124, 1992
S. 6 am. No. 158, 1989; No. 26, 1991
S. 7 rs. 158, 1989; No. 124, 1992
S. 8 am. No. 26, 1991
S. 9 am. No. 26, 1991
rs. No. 124, 1992
S. 10 am. No. 124, 1992
GRAIN LEGUMES LEVY ACT 1985 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
4. Interpretation
5. Act to bind Crown
6. Imposition of levy
7. Rate of levy
8. By whom levy payable
9. Exemption from levy
10. Regulations
GRAIN LEGUMES LEVY ACT 1985 - LONG TITLE
SECT
An Act to impose a levy on certain grain legumes
produced in Australia
GRAIN LEGUMES LEVY ACT 1985 - SECT 1
Short title
SECT
1. This Act may be cited as the Grain Legumes Levy Act 1985.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
GRAIN LEGUMES LEVY ACT 1985 - SECT 2
Commencement
SECT
2.*1* (1) Sections 1 and 2 shall come into operation on the day on which
this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on a day
to be fixed by Proclamation.
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
GRAIN LEGUMES LEVY ACT 1985 - SECT 4
Interpretation
SECT
4. (1) In this Act, unless the contrary intention appears:
"growers' organisation" means the organisation known as the Australian
Wheatgrowers' Federation or such other organisation as is from time to time
prescribed for the purposes of this definition;
"leviable amount", in relation to a levy year, means:
(a) $50; or
(b) if, before the commencement of the levy year, another amount is
prescribed in relation to that year, that prescribed amount;
"leviable grain legumes" means:
(a) the seeds of lupins or field peas; or
(ab) peanuts; or
(b) the seeds of any other leguminous plants, being seeds of a kind that is
or kinds that are from time to time prescribed for the purposes of this
definition;
"levy" means an amount of levy imposed by this Act;
"peanuts" means peanuts in shells;
"value" means the value as worked out in accordance with the regulations.
(2) Where:
(a) a producer of leviable grain legumes causes or permits those grain
legumes to be delivered to another person or allows another person to take
those grain legumes out of the producer's possession or control; or
(b) leviable grain legumes are taken out of the possession or control of the
producer by another person pursuant to a marketing law;
the producer of those leviable grain legumes shall, for the purposes of this
Act, be deemed to have delivered those grain legumes to that other person.
(3) Where a producer of leviable grain legumes delivers those grain legumes
to a person for carriage (either by that person or by 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 that last-mentioned person.
(4) If the ownership of leviable grain legumes passes from the producer of
those grain legumes 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
those grain legumes to any person, a reference in this Act to the producer
shall, in relation to those grain legumes, be read as a reference to that
person or to the last of those persons, as the case may be.
(5) Where, by virtue of a regulation made for the purposes of the definition
of "leviable grain legumes" in subsection (1), seeds of a particular kind or
kinds commence to be leviable grain legumes during a levy year, a reference in
this Act to "leviable grain legumes" delivered or processed in that year shall
not be read as including a reference to any seeds of the kind or kinds
prescribed by that regulation that were delivered or processed, as the case
may be, before the date of commencement of that regulation.
(6) 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.
GRAIN LEGUMES LEVY ACT 1985 - SECT 5
Act to bind Crown
SECT
5. This Act binds the Crown in right of the States, of the Northern
Territory and of Norfolk Island.
GRAIN LEGUMES LEVY ACT 1985 - SECT 6
Imposition of levy
SECT
6. (1) Subject to this Act, levy is imposed on leviable grain legumes
produced in Australia.
(2) Levy is not payable on leviable grain legumes unless, on or after the
date that is the relevant date in relation to the grain legumes, the producer
of the grain legumes:
(a) delivers the grain legumes to another person, otherwise than for storage
on behalf of the producer; or
(b) processes the grain legumes.
(3) In subsection (2), the "relevant date" means:
(a) in relation to the seeds of lupins or field peas - the day that is fixed
by Proclamation for the purposes of subsection 2 (2); and
(ab) in relation to peanuts - the date of commencement of the Grain Legumes
Levy Amendment Act 1989; and
(b) in relation to grain legumes of a kind or kinds prescribed by regulation
for the purposes of the definition of "leviable grain legumes" in subsection 4
(1) - the date of commencement of that regulation.
GRAIN LEGUMES LEVY ACT 1985 - SECT 7
Rate of levy
SECT
7. (1) The rate of levy is:
(a) 1% of the value of the leviable grain legumes; or
(b) if a different rate is prescribed under section 10 - that different
rate.
(2) The prescribed rate must not be more than 3% of the value of the
leviable grain legumes.
GRAIN LEGUMES LEVY ACT 1985 - SECT 8
By whom levy payable
SECT
8. Levy on leviable grain legumes is payable by the producer of the grain
legumes.
GRAIN LEGUMES LEVY ACT 1985 - SECT 9
Exemption from levy
SECT
9. (1) If, in a levy year:
(a) leviable grain legumes are delivered to a particular person by producers
of grain legumes; and
(b) apart from this section, the amount of levy in respect of the grain
legumes would be less than the leviable amount;
levy is not imposed on the grain legumes.
(2) If:
(a) leviable grain legumes are processed by or for the producer of the grain
legumes; and
(b) the producer uses the grain legumes, or all of the products and
by-products of the processing for domestic purposes or on the producer's
farm;
levy is not imposed on the grain legumes.
(3) If, in a levy year:
(a) a producer processes leviable grain legumes that he or she has produced;
and
(b) paragraph (2) (b) does not apply in respect of the grain legumes; and
(c) apart from this subsection, the amount of levy in respect of the grain
legumes would be less than the leviable amount;
levy is not imposed on the grain legumes.
GRAIN LEGUMES LEVY ACT 1985 - SECT 10
Regulations
SECT
10. (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 regulations for the purposes of:
(a) the definition of "leviable amount" in subsection 4 (1);
(b) the definition of "leviable grain legumes" in subsection 4 (1); or
(c) section 7;
the Governor-General shall take into consideration any relevant recommendation
made to the Minister by the growers' organisation.