103Collecting organisations

#### 103 Collecting organisations (1) This clause applies to levy payable under paragraph 89(1)(a) or (c) on the sale of a leviable milk product. (2) The Secretary may enter into an agreement with an organisation with respect to the collection, on behalf of the Commonwealth, of levy by that organisation. (3) The matters that may be provided for in an agreement entered into with a collecting organisation include (but are not limited to): (a) the State or region in which amounts of levy are to be collected by the organisation; and (b) the persons from whom amounts of levy are to be collected by the organisation; and (c) the keeping by the organisation of accounts and records in relation to amounts of levy collected by the organisation; and (d) the remission by the organisation to the Commonwealth of amounts of levy collected by the organisation; and (e) the giving by the organisation to the Secretary of information about: (i) amounts of levy collected by the organisation; and (ii) amounts of levy remitted by the organisation to the Commonwealth; and (iii) leviable milk products in respect of which levy is payable; and (f) the inspection and audit of accounts and records kept by the organisation for the purposes of paragraph (c). (4) If an agreement entered into under subclause (1) with a collecting organisation is in force in relation to the payment of levy by a particular person, payment of levy payable by that person is to be made to that organisation, on behalf of the Commonwealth, in accordance with the terms of the agreement. (5) If a person pays an amount of levy in accordance with subclause (4), the person is, to the extent of the amount so paid, discharged from liability to pay the levy to the Commonwealth. (6) Before making an agreement under subclause (1), the Secretary must consult the Council. (7) The Secretary must give notice in the Gazette of the making of an agreement under subclause (1) within 21 days after the making of the agreement. (8) A failure to comply with subclause (6) or (7) does not invalidate the agreement. (9) The Commonwealth must not, in exercising its powers under this clause: (a) discriminate between States or parts of States within the meaning of subparagraph 51(ii) of the Constitution; or (b) give preference to one State or any part thereof within the meaning of section 99 of the Constitution.