35Unpaid levy amount

35 Unpaid levy amount

(1) If a levy amount (including any instalment or any part of a levy amount) remains unpaid after it is due and payable, the collection agency may recover it in the Magistrates' Court or by suing for debt.

(2) If any levy amount is recovered from an owner of leviable land and an agreement with the owner of the land states that the occupier of the land must pay any levy amount, the owner may recover the levy amount from the occupier in the same manner in which the owner may recover rent owing to that owner.

(3) An occupier who pays any levy amount under this section need not pay more than the amount of rent owed by the occupier at the time of the demand or the payment.

(4) Subsection (3) does not apply—

(a) if the occupier has agreed to pay any levy amount;

(b) if, after the collection agency requests that the occupier disclose the rent and the name and address of the person to whom it is payable, the occupier does not do so.

(5) For the purposes of this section, the owner has the burden of proof of showing that—

(a) the occupier had agreed to pay any levy amount; and

(b) the levy amount to be paid on any leviable land by that occupier is more than the rent owed by the occupier for the land.

(6) The rental agreement between the occupier and the owner with terms specifying that the occupier will pay the levy amount is sufficient evidence to satisfy the burden of proof under subsection (5).