Statutory Rules 1989 No. 3861
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Goat Fibre Levy Collection Regulations
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Goat Fibre Levy Collection Act 1989.
Dated 14 December 1989.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
JOHN KERIN
Minister of State for Primary Industries and Energy
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Citation
1. These Regulations may be cited as the Goat Fibre Levy Collection Regulations.
Interpretation
2. In these Regulations, unless the contrary intention appears:
“quarter” has the same meaning as in section 4 of the Act;
“the Act” means the Goat Fibre Levy Collection Act 1989.
Manner of payment of levy
3. Levy, amounts on account of levy and other amounts payable to the Commonwealth under the Act must be paid to the Collector of Public Moneys at the office of the Department in Canberra.
Fibre-brokers and dealers to give returns
4. (1) A fibre-broker or dealer must give a return to the Secretary:
(a) for the quarter or quarters in a levy year in which the total of the levy payable on the leviable fibre sold by the broker, or bought by
the dealer, in that year first equals or exceeds the leviable amount for that year; and
(b) for any successive quarter in the year in which the broker or dealer sells or buys leviable fibre; and
(c) if a return was required for part of the year and a return would not otherwise be required for the last quarter—for the year; and
(d) if the total of the amounts deducted by the broker or dealer during a levy year from money payable to growers is less than the leviable amount for that year—for the year.
(2) A return must be given within 28 days after the period to which it relates.
What returns must contain
5. (1) A return must contain:
(a) the full name of the person who is giving it or on whose behalf it is being given (in this regulation called “the return giver”); and
(b) the business or residential address of the return giver not being the address of a post office box or bag; and
(c) if the return giver uses another address as his or her postal address-that address; and
(d) the period to which the return relates; and
(e) a statement that the return is the first, second, third or fourth return given in respect of the levy year; and
(f) the sale value of the leviable fibre sold or bought during the period to which the return relates; and
(g) the total amount of levy payable in respect of the leviable fibre sold or bought during the period to which the return relates; and
(h) if given under paragraph 4 (1) (d):
(i) the total mentioned in that paragraph; and
(ii) the sale value of the leviable fibre to which the deductions relate; and
(i) a declaration, signed by the return giver or his or her authorised agent stating that the information in the return is true.
(2) If the return is for the last quarter of a levy year and at least one return was required for an earlier part of the year, the return must also contain:
(a) the total sale value of leviable fibre sold or bought in that year; and
(b) the total amount of levy payable in respect of that year.
Records to be kept
6. A grower, fibre-broker or dealer must keep records showing:
(a) the sale value of leviable fibre produced, purchased, received, sold or delivered in each quarter; and
(b) in the case of a fibre-broker or dealer—the name and address of the grower of the fibre.
Penalty:
(a) in the case of a natural person—$1,000; and
(b) in the case of a body corporate—$5,000.
Authorised agent
7. Where a person who is required to give a return appoints a person to be his or her authorised agent for the purpose of signing the declaration contained in that return, the appointment must:
(a) be in accordance with the form in Schedule 1; and
(b) be lodged at the office of the Department in Canberra.
Signing of documents
8. Where an appointment or declaration is to be signed by a person, body corporate or partnership, it may be signed:
(a) in the case of an individual—by any other person authorised by him or her in writing to act on his or her behalf in matters that include matters arising under these Regulations; or
(b) in the case of a body corporate—by a director, secretary or principal officer of the body corporate or by a person authorised in writing under the rules of the body corporate to act on behalf of the body corporate in matters that include matters arising under these Regulations; or
(c) in the case of a partnership—by one of the partners or by a person authorised in writing under the rules of the partnership to act on behalf of the partnership in matters that include matters arising under these Regulations.
Form of warrant to enter premises
9. For the purposes of section 12 of the Act, a warrant may be in the form in Schedule 2.
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SCHEDULE 1 Regulation 7
COMMONWEALTH OF AUSTRALIA
GOAT FIBRE LEVY COLLECTION REGULATIONS
APPOINTMENT OF AUTHORISED AGENT
To the Secretary to the Department of Primary Industries and Energy
*I/*We (full name and business or residential address, of fibre-broker or dealer, not being a post office box or bag) hereby appoint (full name, occupation and business or residential address of the person to be appointed, not being a post office box or bag) to be an authorised agent for the purpose of signing on *my/*our behalf any declaration required under the Goat Fibre Levy Collection Regulations to be furnished by *me/*us.
Dated 19 .
SCHEDULE 1—continued
(Signature of person appointing the authorised agent, or, where that person is a body corporate, the signature and designation of a director, secretary or principal officer of the body corporate or, where the persons appointing the authorised agent are in partnership, the signature of one of the partners and the word “Partner”)
Dated 1989.
(Signature of authorised agent)
*Omit whichever is not applicable.
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SCHEDULE 2 Regulation 9
COMMONWEALTH OF AUSTRALIA
GOAT FIBRE LEVY COLLECTION REGULATIONS
WARRANT UNDER SECTION 12 OF THE GOAT FIBRE LEVY COLLECTION ACT 1989
To: (name of person), an authorised person for the purposes of section 11 of the Goat Fibre Levy Collection Act 1989.
I, , *Magistrate/ * Justice of the Peace, being satisfied, on an application under section 12 of the Act, in relation to premises at (full address of the premises), by information on *oath/ *affirmation:
(a) that there is reasonable ground for believing:
*that leviable fibre is produced, stored or processed on those premises;
*that goods produced from leviable fibre are stored in those premises;
*that there are examinable documents on those premises; and
(b) that the issue of this warrant is reasonably required for the purposes of that Act:
HEREBY AUTHORISE you to enter those premises:
(c) with such assistance, and by such force, as is necessary and reasonable; and
(d) *during the hours of (time and date)/ *at any time;
for the purposes of exercising the powers of an authorised person under subsection 11 (2) of that Act during the period beginning on (date) and ending at the end of (date).
Dated 19 .
*Magistrate/*Justice of the Peace
*Omit whichever is hot applicable
NOTE
1. Notified in the Commonwealth of Australia Gazette on 21 December 1989.