Commonwealth act

Dairying Industry Research and Promotion Levy Collection Act 1978

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

139 of 1978

Collection

act

Plain English Summary

3/10 complexity

What this law does

This law fixes a technical legal problem with dairy industry levy payments made before 1978.

When the government changed the dairy levy rules in 1978, some farmers and processors had already paid money to the Commonwealth. These payments would have been valid under the new 1978 rules—if those rules had existed at the time of payment—but they weren't technically valid under the old 1972 rules.

Who it affects

Dairy industry participants who paid research and promotion levies between 1972 and 1978.

Why it matters

This Act legally validates those early payments. It deems (treats as valid) any amount paid that would have been payable under the 1978 amendments, had they been in force from the start. This prevents the government from having to refund money that was collected in good faith during the transition period.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Dairying Industry Research and Promotion Levy Collection Act 1978.

Dairying Industry Research and Promotion Levy Collection Act 1978

DAIRYING INDUSTRY RESEARCH AND PROMOTION LEVY COLLECTION ACT 1978

No. 139 of 1978

An Act relating to the collection of levy under the Dairying Industry Research and Promotion Levy Act 1972.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title

This Act may be cited as the Dairying Industry Research and Promotion Levy Collection Act 1978.

Commencement

This Act shall come into operation on the day on which the Dairying Industry Research and Promotion Levy Amendment Act 1978 comes into operation.

Validation of past collections of levy

Where, before the commencement of this Act, a person paid to the Commonwealth an amount that, if the amendments of the Dairying Industry Research and Promotion Levy Act 1972 made by the Dairying Research and Promotion Levy Amendment Act 1978 had come into operation on the day on which the Dairying Research Levy Act 1972 came into operation, would have been payable by that person by way of levy imposed by the first-mentioned Act or by way of an amount equal to an amount of such levy payable under section 6 of the Dairying Industry Research and Promotion Levy Collection Act 1972 but would not otherwise have been so payable by that person, the amount so paid shall be deemed for all purposes to have been an amount so payable by that person.

View image in the official source

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Dairying Industry Research and Promotion Levy Collection Act 1978