12Collection agreements

12 Collection agreements

Collection agreements with State or Territories (1) The Commonwealth may enter into an agreement with a State, the Australian Capital Territory or the Northern Territory about the collection, on behalf of the Commonwealth, by the State or Territory or an authority of the State or Territory of either or both of the following: (a) levy or charge payable by a levy payer or charge payer; (b) equivalent amounts that a collection agent is liable to pay as mentioned in paragraph 10(1)(a). Collection agreements with other persons or bodies (2) The Commonwealth may enter into an agreement with a person or body about the collection, on behalf of the Commonwealth, by that person or body of either or both of the following: (a) levy or charge payable by a levy payer or charge payer; (b) equivalent amounts that a collection agent is liable to pay as mentioned in paragraph 10(1)(a). Content of agreements (3) Without limiting subsection (1) or (2), an agreement may provide for: (a) the persons from whom amounts are to be collected; and (b) in the case of an agreement under subsection (2)—the State, Territory or region in which amounts are to be collected; and (c) the keeping of accounts and records in relation to amounts collected; and (d) the payment to the Commonwealth of amounts collected; and (e) the giving to the Minister of information about amounts collected and amounts paid to the Commonwealth; and (f) the inspection and audit of accounts and records kept about amounts collected. Publication of agreement (4) The Secretary must publish in the Gazette, and on the Department’s website, a copy of an agreement entered into under subsection (1) or (2) within 28 days of the making of the agreement.

Note: The Federal Register of Legislation may contain Gazette notices: see paragraph 15A(3)(c) of the Legislation Act 2003.

Consultation with industry body (5) Before the Commonwealth enters into an agreement under subsection (1) or (2), the Secretary must consult any industry body that is representative of the levy payers or charge payers, or of the collection agents, that would be affected by the agreement. Validity of agreement (6) A failure to comply with subsection (4) or (5) does not affect the validity of the agreement. Status of collected amounts (7) Rules made for the purposes of subsection 105(1) of the Public Governance, Performance and Accountability Act 2013 do not apply to amounts collected under an agreement under this section. Commonwealth not to discriminate or give preference (8) A power conferred by subsection (1) or (2) must not be exercised in such a way as to: (a) discriminate between States or parts of States within the meaning of paragraph 51(ii) of the Constitution; or (b) give preference to one State or any part thereof within the meaning of section 99 of the Constitution.