8Liability of intermediaries—ancillary provisions

8 Liability of intermediaries—ancillary provisions

(1) Despite any law of a State or any agreement (whether entered into before or after the commencement of this Act) to the contrary, an intermediary referred to in subsection 7(1), (2), (3) or (3A) may, for the purpose of ensuring that the intermediary is provided with the funds necessary for the due payment by the intermediary, on behalf of the producer, of levy or charge on the products, deduct from any money received by the intermediary on behalf of the producer, or payable by the intermediary, in relation to the products an amount equal to, or that may reasonably be expected to be equal to, the amount in relation to levy or charge for which the intermediary is liable under that subsection. (2) When an intermediary deducts an amount under subsection (1) in respect of levy or charge: (a) the producer is discharged from liability to pay that levy or charge to the extent of the amount deducted; and (b) the intermediary must: (i) give the producer, within 7 days after the date of deduction, a receipt or other written statement acknowledging deduction and specifying the date on which it was made; and (ii) in accordance with this Act, pay any amount in relation to the levy or charge that the intermediary is liable to pay on behalf of the producer. (3) The proprietor of an abattoir may, despite any law of a State or Territory or any contract entered into before the commencement of this Act, refuse to slaughter, or to permit the slaughter of, sheep, lambs, buffaloes, goats or pigs owned by another person at the abattoir unless that other person first provides the proprietor with the funds necessary for the due payment, on behalf of that other person, of levy on the slaughter of the sheep, lambs, buffaloes, goats or pigs. (4) The proprietor of an abattoir may, despite any law of a State or Territory or any contract entered into before the commencement of this Act, refuse to slaughter or to permit the slaughter of cattle (being cattle within the meaning of Schedule 1 or 3 to the Primary Industries (Excise) Levies Act 1999) owned by another person at the abattoir unless that other person first provides the proprietor with the funds necessary for the due payment, on behalf of that other person, of levy on or in relation to the cattle. (4A) In spite of any law of a State or Territory or any contract entered into before the commencement of the Primary Industries Levies and Charges Collection Amendment Act 1992, the proprietor of an abattoir may refuse to: (a) slaughter at the abattoir deer owned by another person; or (b) permit the slaughter at the abattoir of deer owned by another person; unless that other person first provides the proprietor with the funds necessary for the due payment, on behalf of that other person, of levy on the slaughter of the deer. (4B) If levy is imposed under Schedule 27 to the Primary Industries (Excise) Levies Act 1999 on an animal in the event of the slaughter of the animal, the regulations may provide that the proprietor of an abattoir may refuse to: (a) slaughter the animal at the abattoir; or (b) permit the slaughter of the animal at the abattoir; unless the person liable to pay the levy first provides the proprietor with the funds necessary for the due payment, on behalf of the person, of levy payable in relation to the animal. (4C) Regulations made for the purposes of subsection (4B) have effect despite: (a) any law of a State or Territory; or (b) any contract, whether entered into before or after the commencement of this subsection. (5) Where a contract is made, whether at auction or otherwise, by which a person sells or agrees to sell pigs to another person, the amount that would, but for this section, be the price payable under the contract is taken to be reduced for all purposes (including, in the case of a contract made through an agent of the seller, the settlement of accounts between an agent and the seller) by an amount ascertained by multiplying an amount equal to the amount per pig that is the rate of the levy in force at the date of the contract by the number of the pigs comprised in the contract. (6) Where a contract mentioned in subsection (5) makes specific provision for a deduction by, or allowance to, the purchaser in respect of levy, so much of the reduction provided for in that subsection as does not exceed the amount of that deduction or allowance is not to be made.