11Collection agreements with collecting organisations

11 Collection agreements with collecting organisations

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