95BPayment of duty by approved agents in respect to pigs

95B Payment of duty by approved agents in respect to pigs

(a) if during the last preceding month there has been no sale or purchase of pigs and carcases of pigs, a nil return; or

(b) in any other case, a return or returns in the prescribed form verified in the prescribed manner of sales or purchases of pigs and the carcases of pigs during the last preceding month.

(2) An approved agent must not later than the 21st day of each month pay to the Commissioner as swine duty on any return the duty chargeable under the Duties Act 2000.

1. 5 penalty units and a penalty equal to double the amount of duty that would have been payable if the requirement of this subsection and the Duties Act 2000 had been complied with.

(3) An approved agent must keep or cause to be kept in Victoria sufficient books to enable the agent to calculate accurately the amounts which are to be set out in returns required under this section.

(4) An approved agent must keep available for inspection the books and records and all working papers used in making the calculations for at least 3 years from the month to which each return relates or for such other period as the Commissioner determines in any particular case.

(5) An approved agent must issue to a purchaser of pigs or the carcases of pigs an invoice that sets out—

(c) the expression "Vic. Swine Duty Paid"; and

S. 95B(7) substituted by No. 48/2010 s. 36.

(7) An approved agent, regardless of whether the agent purchases pigs or the carcases of pigs on the agent's own behalf or as an agent for the purchaser, must issue to the seller of the pigs or carcases of pigs a statement that sets out—

(c) the expression "Vic. Swine Duty Paid"; and

Note to s. 95B inserted by No. 13/2013 s. 32(4).

Section 130A of the Taxation Administration Act 1997 applies to an offence against subsection (5) or (7) and section 130B of that Act applies to an offence against subsection (1), (2), (3) or (4).