10Collection agreements with States and Territories

10 Collection agreements with States and Territories

(1) The Commonwealth may enter into an agreement with a State with respect to the collection in that State, on behalf of the Commonwealth: (a) of levy or charge from a producer of collection products of a particular kind; or (b) of amounts payable under subsection 7(1), (2), (3) or (3A) (in this section called the related amounts) by a person who is an intermediary in relation to a producer of such products; by that State or by an authority of that State that is specified in the agreement. (2) Without limiting the generality of the matters that may be provided for in an agreement entered into with a State, such an agreement may provide for: (a) the person from whom amounts of levy, charges or related amounts are to be collected; and (b) the keeping by the collecting authority in respect of the agreement of accounts and records in relation to amounts of levy, charge or related amounts collected by the collecting authority; and (c) the payment by the collecting authority to the Commonwealth of amounts of levy, charge or related amounts collected by the collecting authority; and (d) the giving by the collecting authority to the Minister of information with respect to amounts of levy, charge or related amounts collected by the collecting authority and of amounts paid by the collecting authority to the Commonwealth; and (e) the inspection and audit of accounts and records kept by the collecting authority with respect to amounts of levy, charge or related amounts collected by the collecting authority. (3) While an agreement entered into under subsection (1) with a State is in force in relation to collection products of a particular kind: (a) payment of levy, charge or related amounts in respect of products of that kind that are sold in that State or used in that State in the production of other goods is to be made to the collecting authority in respect of the agreement; and (b) where the agreement provides that an authority of that State is to be the collecting authority in respect of the agreement—that authority may retain out of any money payable by it to any person an amount not exceeding an amount of levy, charge or related amount that the person is liable to pay. (4) Where a person pays an amount of levy, charge or a related amount in accordance with paragraph (3)(a), or an amount in respect of levy, charge or of a related amount is deducted in accordance with paragraph (3)(b) from money payable to the person, the person is, to the extent of the amount so paid or deducted, discharged from liability to pay levy, charge or a related amount, as the case requires, to the Commonwealth. (5) The Secretary must give notice in the Gazette of the entering into an agreement under subsection (1) within 21 days of the making of the agreement. (6) A failure to comply with subsection (5) does not invalidate the agreement.