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Short title
1 Short title
This Act may be cited as the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991.
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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Act implements the administrative changes needed after the Primary Industries Levies and Charges Collection Act 1991: it repeals many legacy levy‑collection Acts, updates dozens of statutes to use the new collection framework and harmonises terminology (for example replacing “grower” with “producer”). It preserves existing regulations, agreements and rights of review for matters begun before commencement (see ss 5–9). Affected parties include producers, processors, selling agents and industry corporations; the measure centralises collection mechanics and reallocates compliance responsibilities.
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Direct links to the current provisions in Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991.
This Act may be cited as the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991.
This Act commences at the commencement of the Primary Industries Levies and Charges Collection Act 1991.
The Acts specified in Schedule 1 are amended as set out in that Schedule.
The Acts specified in Schedule 2 are repealed.
Despite the repeal by this Act of an Act, or the provisions of an Act, relating to the collection of levy or charge imposed by another Act (in this section called the imposition Act) and the amendment by this Act of the imposition Act, the Act so repealed or the provisions so repealed, as the case may be, any regulations made under or for the purposes of that Act or those provisions and any agreement entered into between the Commonwealth and a State or Territory under that Act or those provisions continue to apply in relation to levy or charge imposed before the commencement of this Act as if the repeal had not been effected and the imposition Act had not been amended.
Despite the repeal of the Pig Slaughter Levy Collection Act 1971 by this Act, section 9 of that Act continues to apply in relation to contracts referred to in that section entered into before the commencement of this Act as if the repeal had not been effected.
(1) Where, immediately before the commencement of this section, a person was entitled: (a) to make a request under subsection 118(4) of the Dairy Produce Act 1986; or (b) to make an application to the Administrative Appeals Tribunal under subsection 118(11) of that Act for a review of a decision other than a decision of the Australian Dairy Corporation under subsection 118(9) of that Act; then, despite the amendments of the Dairy Produce Act 1986 made by this Act, that Act, as in force immediately before the commencement of this Act, continues to apply in respect of that person in relation to the making of such a request or application and in relation to a decision made under subsection 118(7) in relation to such a request as if those amendments had not been made. (2) Where: (a) before the commencement of this section a person made a request under subsection 118(4) of the Dairy Produce Act 1986; and (b) immediately before the commencement of this section, a decision had not been made under subsection 118(7) of that Act in relation to the request; then, despite the amendments of the Dairy Produce Act 1986 made by this Act, that Act, as in force immediately before the commencement of this section, continues to apply in respect of that person in relation to that request and to a decision made under subsection 118(7) in relation to that request as if those amendments had not been made.
(1) Where, immediately before the commencement of this section, a person was entitled: (a) to make a request under subsection 20(1) of the Cattle and Beef Levy Collection Act 1990; or (b) to make an application to the Administrative Appeals Tribunal under subsection 20(5) of that Act for a review of a decision; then, despite the repeal of the Cattle and Beef Levy Collection Act 1990 by this Act, that Act, as in force immediately before the commencement of this Act, continues to apply in respect of that person in relation to the making of such a request or application and in relation to a decision made under subsection 20(3) in relation to such a request as if the repeal had not been effected. (2) Where: (a) before the commencement of this section a person made a request under subsection 20(1) of the Cattle and Beef Levy Collection Act 1990; and (b) immediately before the commencement of this section a decision had not been made under subsection 20(3) of that Act in relation to the request; then, despite the repeal of the Cattle and Beef Levy Collection Act 1990 by this Act, that Act, as in force immediately before the commencement of this section, continues to apply in respect of that person in relation to that request and to a decision made under subsection 20(3) in relation to that request as if the repeal had not been effected.
Where, immediately before the commencement of this section, a person was entitled to make an application to the Administrative Appeals Tribunal under a provision specified in column 2 of an item in Schedule 3 of an Act specified in column 3 of that item, then, despite the repeal or amendment of that Act, that Act, as in force immediately before the commencement of this Act, continues to apply in respect of that person in relation to the making of such an application as if the Act had not been repealed or the amendment made, as the case may be.
Schedule 1—Consequential amendments of other Acts
Section 3
Apple and Pear Export Charge Act 1976
Section 4:
Repeal the section.
Section 5 (definition of Association):
Omit the definition, substitute the following definition:
Growers’ Association means the association known as the Australian Apple and Pear Growers’ Association that was formed at a meeting in Melbourne on 5 and 6 December 1945.
Section 5:
Add at the end the following subsection:
(3) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Subsection 6(2):
Omit the subsection, substitute the following subsection:
(2) The charge is payable by the producer.
Subsection 8(2):
Omit “Association”, substitute “Growers’ Association”.
Apple and Pear Levy Act 1976
Section 3:
Repeal the section.
Subsection 4(1) (definition of Association):
Omit the definition, substitute the following definition:
Growers’ Association means the association known as the Australian Apple and Pear Growers’ Association that was formed at a meeting in Melbourne on 5 and 6 December 1945.
Subsection 4(1) (definition of dealer):
Omit the definition.
Subsection 4(1) (definition of juicing fruit):
(a) Omit “grower” (wherever occurring), substitute “producer”.
(b) Omit “dealer”, substitute “selling agent”.
Subsection 4(1) (definition of processing fruit):
(a) Omit “grower” (wherever occurring), substitute “producer”.
(b) Omit “dealer”, substitute “selling agent”.
Subsection 4(1) (definition of retail sale):
(a) Omit “grower”, substitute “producer”.
(b) Omit “dealer”, substitute “selling agent”.
Subsection 4(3):
(a) Omit “dealer”, substitute “selling agent”.
(b) Omit “growers”, substitute “producers”.
Section 4:
Add at the end the following subsection:
(4) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Subsection 5(1):
Omit “grower” (wherever occurring), substitute “producer”.
Subsection 5(1A):
Omit “grower” (wherever occurring), substitute “producer”.
Subsection 5(2):
Omit “grower”, substitute “producer”.
Subsection 7(1):
Omit “grower” (wherever occurring), substitute “producer”.
Subsection 7(3A):
Omit “grower”, substitute “producer”.
Australian Horticultural Corporation Act 1987
Subsection 3(1) (definition of appoint):
Omit the definition.
Subsection 3(1):
Insert the following definition:
Levies and Charges Collection Act means the Primary Industries Levies and Charges Collection Act 1991.
After paragraph 47(1)(a):
Insert the following paragraph:
(aa) amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act in relation to amounts of levy referred to in paragraph (a); and
After paragraph 47(2)(a):
Insert the following paragraph:
(aa) amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act in relation to amounts of charge referred to in paragraph (a); and
After paragraph 47(4)(a):
Insert the following paragraph:
(aa) amounts of levy received by the Commonwealth under subsection 7(1) or (2) of the Levies and Charges Collection Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in relation to such levy; and
Paragraph 47(4)(b):
Omit “levy.”, substitute “levy; and”.
After paragraph 47(5)(a):
Insert the following paragraph:
(aa) amounts of charge received by the Commonwealth under paragraph 7(3)(b) of the Levies and Charges Collection Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in relation to such charge; and
Paragraph 47(5)(b):
Omit “charge.”, substitute “charge; and”.
After paragraph 47(5)(b):
Add the following paragraph:
(ba) amounts received by the Commonwealth under subsection 9(1) of that Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in respect of penalty payable under that Act.
After subsection 47(5):
Insert the following subsection:
(5A) The reference in paragraph (1)(aa) to amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act includes a reference to: (a) amounts received by the Commonwealth under paragraph 7(1)(f) of that Act; and (b) amounts received by the Commonwealth under subsection 9(1) of that Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in respect of penalty payable under that Act.
After subsection 47(6):
Insert the following subsection:
(6A) The reference in paragraph (2)(aa) to amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act includes a reference to: (a) amounts received by the Commonwealth under paragraph 7(1)(f) of that Act; and (b) amounts received by the Commonwealth under subsection 9(1) of that Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in respect of penalty payable under that Act.
Subsection 47A(1):
Omit the subsection, substitute the following subsection:
(1) The Corporation may enter into an agreement, in writing, with any person who is responsible under: (a) section 7 or 7A of the Levy Collection Act; or (b) section 7 or 7A of the Export Charge Collection Act; or (c) section 7 or 9 of the Levies and Charges Collection Act; for the collection of amounts for payment to the Commonwealth, providing for payment by the Corporation to that person in respect of the collection of so much of the amounts collected as are paid to the Corporation.
Subsection 47A(2):
Omit the subsection, substitute the following subsection:
(2) The Corporation may enter into an agreement in writing, with any person who has agreed, under: (a) subsection 7B(1) of the Levy Collection Act; or (b) subsection 7B(1) of the Export Charge Collection Act; or (c) subsection 10(1) or 11(1) of the Levies and Charges Collection Act; to collect amounts on behalf of the Commonwealth, providing for payment by the Corporation to that person in respect of the collection of so much of the amounts collected as are paid to the Corporation.
Subparagraph 48(1)(aa)(i):
(a) Insert “, (aa)” after “paragraph 47(1)(a)”.
(b) Insert “, (aa)” after “or (2)(a)”.
Australian Meat and Live‑stock Corporation Act 1977
Subsections 34(2), (3), (4), (5) and (6):
Omit the subsections, substitute the following subsections:
(2) A reference in paragraph (1)(a) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from the proprietor of an abattoir under subsection 7(2) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 13 of that Act in relation to amounts of levy referred to in that paragraph; and (b) amounts received from the proprietor of an abattoir under section 7 of the Live‑stock Slaughter Levy Collection Act 1964 and amounts payable by way of penalty under section 9 of that Act in relation to amounts of levy referred to in that paragraph. (3) A reference in paragraph (1)(b) to amounts of charge received by the Commonwealth is to be read as including a reference to: (a) amounts payable by way of penalty under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts of charge referred to in that paragraph; and (b) amounts payable by way of penalty under section 6 of the Live‑stock Export Charge Collection Act 1977 in relation to amounts of charge referred to in that paragraph. (4) A reference in paragraph (1)(c) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from a processor under subsection 7(1) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph; and (b) amounts received from a processor in accordance with subsection 6(4) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty under section 8 of that Act in relation to amounts of levy referred to in that paragraph. (5) A reference in paragraph (1)(d) to amounts of charge received by the Commonwealth is to be read as including a reference to: (a) amounts payable by way of penalty under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts of charge referred to in that paragraph; and (b) amounts received from an exporting agent under subsection 6(5) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty under section 8 of that Act in relation to amounts of charge referred to in that paragraph. (6) A reference in paragraph (1)(e) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from a selling agent, a processor or a feedlot operator under subsection 7(1) or (2) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph; and (b) amounts received from a selling agent, a processor or a feedlot operator under subsection 6(1), (2) or (3) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty in accordance with section 8 of that Act in relation to amounts of levy referred to in that paragraph.
Australian Meat and Live‑stock Research and Development Corporation Act 1985
Subsections 42(4), (5), (6), (7) and (8):
Omit the subsections, substitute the following subsections:
(4) A reference in paragraph (1)(a) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from the proprietor of an abattoir under subsection 7(2) of the Primary Industries Levies and Charges Collection Act 1991, and amounts payable by way of penalty under section 15 of that Act, in relation to amounts of levy referred to in that paragraph; and (b) amounts received from the proprietor of an abattoir under section 7 of the Live‑stock Slaughter Levy Collection Act 1964, and amounts payable by way of penalty under section 9 of that Act, in relation to amounts of levy referred to in that paragraph. (5) A reference in paragraph (1)(b) to amounts of charge received by the Commonwealth is to be read as including a reference to: (a) amounts payable by way of penalty under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts of charge referred to in that paragraph; and (b) amounts payable by way of penalty under section 6 of the Live‑stock Export Charge Collection Act 1977 in relation to amounts of charge referred to in that paragraph. (6) A reference in paragraph (1)(ba) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from a processor under subsection 7(1) of the Primary Industries Levies and Charges Collection Act 1991, and amounts payble by way of penalty under section 15 of that Act, in relation to amounts of levy referred to in that paragraph; and (b) amounts received from a processor under subsection 6(4) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty under section 8 of that Act in relation to amounts of levy referred to in that paragraph. (7) A reference in paragraph (1)(bb) to amounts of charge received by the Commonwealth is to be read as including a reference to: (a) amounts received from an exporting agent under subsection 7(3) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of charge referred to in that paragraph; and (b) amounts received from an exporting agent under subsection 6(5) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty under section 8 of that Act in relation to amounts of charge referred to in that paragraph. (8) A reference in paragraph (1)(bc) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from a selling agent, a processor or a feedlot operator under subsection 7(1) or (2) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph; and (b) amounts received from a selling agent, a processor or a feedlot operator under subsection 6(1), (2) or (3) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty under section 8 of that Act in relation to amounts of levy referred to in that paragraph.
Australian Wine and Brandy Corporation Act 1980
Subsection 4(1) (definition of appoint):
Omit the definition.
Paragraph 32(b):
After “Wine Grapes Levy Collection Act 1979” insert “or section 15 of the Primary Industries Levies and Charges Collection Act 1991”.
Section 33:
After “Wine Grapes Levy Collection Act 1979” insert “or section 18 of the Primary Industries Levies and Charges Collection Act 1991”.
Barley Research Levy Act 1980
Section 3:
Repeal the section.
Subsection 4(1) (definitions of grower and marketing law):
Omit the definitions.
Subsection 4(2):
Omit “grower” (wherever occurring), substitute “producer”.
Subsection 4(3):
Omit “grower”, substitute “producer”.
Subsection 4(4):
Omit “grower” (wherever occurring), substitute “producer”.
Section 4:
Add at the end the following subsection:
(5) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Subsection 5(2):
Omit “grower” (wherever occurring), substitute “producer”.
Section 7:
Omit “grower”, substitute “producer”.
Beef Production Levy Act 1990
Section 3:
Repeal the section.
Section 4 (definition of abattoir):
Omit the definition.
Section 4:
Add at the end the following subsection:
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Cattle Export Charge Act 1990
Section 3:
Repeal the section.
Section 4:
Add at the end the following subsection:
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Cattle Transaction Levy Act 1990
Section 3:
Repeal the section.
Subsection 4(1) (definition of processor):
Omit the definition.
Subsection 4(1) (definition of National Cattle Disease Eradication Trust Account):
Omit the definition, substitute the following definition:
National Cattle Disease Eradication Trust Account means the trust account of that name continued in existence by section 4 of the National Cattle Disease Eradication Trust Account Act 1991.
Section 4:
Add at the end the following subsection:
(5) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Cotton Levy Act 1982
Section 3:
Repeal the section.
Section 4 (definitions of grower and marketing law):
Omit the definitions.
Section 4:
Add at the end the following subsection:
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Subsection 5(3):
Omit “grower”, substitute “producer”.
Dairy Produce Act 1986
Subsection 3(1):
Insert the following definition:
Levies and Charges Collection Act means the Primary Industries Levies and Charges Collection Act 1991.
Subsection 3(1) (definition of corporation levy):
Omit the definition, substitute the following definition:
corporation levy means the levy of that name imposed by the first Levy Act and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
Subsection 3(1) (definition of dairy products levy):
Omit “section 67 of this Act”, substitute “section 15 of the Levies and Charges Collection Act”.
Subsection 3(1) (definition of exotic animal disease levy):
Omit “this Act”, substitute “the Levies and Charges Collection Act”.
Subsection 3(1) (definition of market support levy):
Omit “this Act”, substitute “the Levies and Charges Collection Act”.
Subsection 3(1) (definition of promotion levy):
Omit “this Act”, substitute “the Levies and Charges Collection Act”.
Subsection 3(1) (definition of research levy):
Omit “this Act”, substitute “the Levies and Charges Collection Act”.
Heading to Part VI:
Omit the heading, substitute the following heading:
Division 1 of Part VI:
Repeal the Division.
Heading to Division 2 of Part VI:
Omit the heading.
Sections 66 to 69 (inclusive):
Repeal the sections.
Paragraph 71(1)(b):
Omit “under subsection 62(1)”, substitute “under subsection 7(1) or (2) of the Levies and Charges Collection Act”.
Paragraph 74(1)(d):
Omit “under subsection 65(2)”, substitute “under subsection 18(3) of the Levies and Charges Collection Act”.
Paragraph 90(1)(b):
Omit “under subsection 62(1)”, substitute “under section 7 of the Levies and Charges Collection Act”.
Paragraph 93(1)(c):
Omit “under subsection 62(1)”, substitute “under section 7 of the Levies and Charges Collection Act”.
Paragraph 101(d):
Omit “subsection 65(2)”, substitute “subsection 18(3) of the Levies and Charges Collection Act”.
Paragraph 107(c):
Omit “subsection 69(2)”, substitute “subsection 18(3) of the Levies and Charges Collection Act”.
Paragraph 108(2)(c):
Omit “subsection 69(2)”, substitute “subsection 18(3) of the Levies and Charges Collection Act”.
Paragraph 113(2)(b):
Omit the paragraph.
Subsection 118(1) (definition of relevant decision):
Omit paragraphs (a), (b) and (c), substitute the following paragraphs:
(a) a relevant licence decision; or
(b) a relevant payment decision.
Subsection 118(1) (definition of relevant remission decision):
Omit the definition.
Subsection 118(1) (definition of reviewable decision):
Omit paragraph (a).
Subsection 118(4):
Omit the subsection.
Subsection 118(6):
Omit “, (4)”.
Subsections 118(7) and (8):
Omit the subsections.
Paragraphs 126(d) and (e):
Omit the paragraphs.
Dairy Produce Levy (No. 1) Act 1986
Section 3:
Repeal the section.
Subsection 4(1) (definitions of producer and Dairy Produce Act):
Omit the definitions.
Subsection 4(1):
Insert the following definition:
Levies and Charges Collection Act means the Primary Industries Levies and Charges Collection Act 1991.
Subsection 4(2):
Omit “Dairy Produce Act”, substitute “Levies and Charges Collection Act”.
Subsection 4(3):
Omit “Dairy Produce Act”, substitute “Levies and Charges Collection Act”.
Subsection 4(4):
Omit “Dairy Produce Act”, substitute “Levies and Charges Collection Act”.
Subsection 4(5):
Omit “Dairy Produce Act”, substitute “Levies and Charges Collection Act”.
Subsection 4(7):
Omit “Dairy Produce Act”, substitute “Levies and Charges Collection Act”.
Section 4:
Add at the end the following subsection:
(8) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Levies and Charges Collection Act for the purposes of that Act has the same meaning in this Act as in the Levies and Charges Collection Act.
Subsection 11(1):
Omit “the proprietor of the factory at which they are produced”, substitute “the producer”.
Section 13:
Repeal the section.
Dairy Produce Levy (No. 2) Act 1986
Section 3:
Repeal the section.
Section 10:
Omit “importer”, substitute “producer”.
Dried Fruits Levy Act 1971
Section 3:
Repeal the section.
Subsection 4(1) (definitions of packing house, packed and the packer):
Omit the definitions.
Subsection 4(2):
(a) Omit “for packing”, substitute “for processing”.
(b) Omit “packing house”, substitute “processing establishment”.
Section 4:
Add at the end the following subsection:
(3) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Section 5:
Omit “packing”, substitute “processing”.
Subsection 6(4):
Omit “packing”, substitute “processing”.
Section 7:
Repeal the section, substitute the following section:
Applications may be made to the Administrative Appeals Tribunal for review of decisions made by the Minister for the purposes of subsection 19(3).
Dried Vine Fruits Equalization Levy Act 1978
Section 3:
Repeal the section.
Section 4:
Repeal the section, substitute the following section:
The Minister may, by writing signed by the Minister, appoint a person to be an authorised person for the purposes of this Act.
Goat Fibre Levy Act 1989
Section 3:
Repeal the section.
Section 4:
Add at the end the following subsection:
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Section 7:
Omit “grower”, substitute “producer”.
Section 9:
Omit the section, substitute the following section:
(1) In this Act, unless the contrary intention appears:
chargeable horticultural products means horticultural products prescribed for the purposes of this definition.
cut flowers and foliage includes processed cut flowers and foliage.
fruits includes processed fruits.
horticultural products means:
(a) fruits; and
(b) vegetables; and
(c) nuts; and
(d) nursery products; and
(e) cut flowers and foliage; and
(f) products prescribed for the purposes of this paragraph.
nursery products includes trees, shrubs, plants, seeds, bulbs, corms, tubers, propagating material and plant tissue cultures, grown for ornamental purposes or for producing fruits, vegetables, nuts or cut flowers and foliage.
nuts includes processed nuts.
vegetables includes:
(a) mushrooms and other edible fungi; and
(b) processed vegetables (including mushrooms and other edible fungi).
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Section 12:
Omit “owner”, substitute “producer”.
Horticultural Levy Act 1987
Section 4:
Repeal the section.
After section 5:
Insert the following section:
(1) In this Act, unless the contrary intention appears:
chicken means a chicken hatched from the egg of a domesticated fowl.
hatchery means a hatchery where chickens are hatched for commercial purposes.
laying chicken means a female chicken that is to be raised for the production of eggs.
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
For the purposes of this Act, where, in accordance with the practice of the poultry industry, the proprietor of a hatchery treats a number of chickens, being a number not exceeding 106, as 100 chickens, that number of chickens will be taken to be 100 chickens.
Section 8:
Omit “proprietor of the hatchery in which the chickens were hatched”, substitute “producer of the chickens”.
Live‑stock Export Charge Act 1977
Section 3:
Repeal the section.
Section 4 (definition of exporter):
Omit the definition.
Section 4:
Add at the end the following subsection:
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Section 12:
(a) Omit “exporter”, substitute “producer”.
(b) Add at the end the following subsection:
(2) In this section:
producer includes a State and an authority of a State.
Live‑stock Slaughter Levy Act 1964
Section 3:
Repeal the section.
Subsection 4(1) (definition of abattoir):
Omit the definition.
Section 4:
Add at the end the following subsection:
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Meat Chicken Levy Act 1969
Section 3:
Repeal the section.
Section 4:
Insert the following definition:
hatchery means a hatchery where chickens are hatched for commercial purposes.
Section 4:
Add at the end the following subsection:
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Oilseeds Levy Act 1977
Section 3:
Repeal the section.
Subsection 4(1) (definitions of grower, levy year, marketing law and processing):
Omit the definitions.
Subsection 4(2):
Omit “grower” (wherever occurring), substitute “producer”.
Subsection 4(3):
Omit “grower”, substitute “producer”.
Subsection 4(4):
Omit “grower” (wherever occurring), substitute “producer”.
Section 4:
Add at the end the following subsection:
(6) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Subsection 5(2):
Omit “grower” (wherever occurring), substitute “producer”.
Section 7:
Omit “grower”, substitute “producer”.
Subsection 8(1):
Omit “growers”, substitute “producers”.
Subsection 8(2):
Omit “grower” (wherever occurring), substitute “producer”.
Subsection 8(3):
Omit “grower”, substitute “producer”.
Pasture Seed Levy Act 1989
Section 3:
Repeal the section.
Section 4:
Add at the end the following subsection:
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Section 8:
Omit “grower”, substitute “producer”.
Pig Industry Act 1986
Section 3 (definition of appoint):
Omit the definition.
Subsection 12(6) (definition of Parliament):
Parliament means:
(a) in relation to the Australian Capital Territory—the Legislative Assembly for the Australian Capital Territory; and
(b) in relation to the Northern Territory—the Legislative Assembly of the Northern Territory.
Subsection 12(6) (definition of State):
After “includes” insert “the Australian Capital Territory and”.
Subsection 23(2):
Omit the subsection, substitute the following subsection:
(2) A reference in subsection (1) to amounts of levy received by the Commonwealth includes a reference to: (a) amounts received from the producer under subsection 7(1) of the Primary Industries Levies and Charges Collection Act 1991, and amounts payable by way of penalty under section 15 of that Act, in relation to amounts of levy referred to in that subsection; and (b) amounts received from the producer under section 6 of the Pig Slaughter Levy Collection Act 1971, and amounts payable by way of penalty under section 7 of that Act, in relation to amounts of levy referred to in that subsection.
Pig Slaughter Levy Act 1971
Section 3:
Repeal the section.
Section 4 (definition of abattoir):
Omit the definition.
Section 4:
Add at the end the following subsection:
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Section 7:
Omit “person who owns the pig at the time when the slaughter takes place”, substitute “producer”.
Poultry Industry Levy Act 1965
Section 3:
Repeal the section.
Section 4:
Add at the end the following subsection:
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Section 7:
Omit “owner”, substitute “producer”.
Primary Industries and Energy Research and Development Act 1989
Section 35:
Repeal the section.
Sugar Cane Levy Act 1987
Section 3:
Repeal the section.
Subsection 4(1) (definitions of grower, miller, organisation and premises):
Omit the definitions.
Section 4:
Add at the end the following subsection:
(3) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Section 8:
Repeal the section, substitute the following section:
(1) In this Act, unless the contrary intention appears:
leviable grain means triticale.
leviable weight, in relation to a levy year, means:
(a) 15 tonnes; or
(b) if, before the commencement of the levy year, another weight is prescribed in relation to that year, that prescribed weight.
(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Paragraph 5(a):
Omit “grower” (wherever occurring), substitute “producer”.
Section 7:
Omit “grower”, substitute “producer”.
Subsection 8(1):
Omit “growers”, substitute “producers”.
Subsection 8(2):
(a) Omit “grower” (wherever occurring), substitute “producer”.
(b) Omit “growers”, substitute “producer’s”.
Subsection 8(3):
Omit “grower”, substitute “producer”.
Wheat Industry Fund Levy Act 1989
Section 3:
Repeal the section.
After section 4:
Insert the following section:
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991.
This Act commences at the commencement of the Primary Industries Levies and Charges Collection Act 1991.
The Acts specified in Schedule 1 are amended as set out in that Schedule.
The Acts specified in Schedule 2 are repealed.
Despite the repeal by this Act of an Act, or the provisions of an Act, relating to the collection of levy or charge imposed by another Act (in this section called the imposition Act) and the amendment by this Act of the imposition Act, the Act so repealed or the provisions so repealed, as the case may be, any regulations made under or for the purposes of that Act or those provisions and any agreement entered into between the Commonwealth and a State or Territory under that Act or those provisions continue to apply in relation to levy or charge imposed before the commencement of this Act as if the repeal had not been effected and the imposition Act had not been amended.
Despite the repeal of the Pig Slaughter Levy Collection Act 1971 by this Act, section 9 of that Act continues to apply in relation to contracts referred to in that section entered into before the commencement of this Act as if the repeal had not been effected.
(1) Where, immediately before the commencement of this section, a person was entitled: (a) to make a request under subsection 118(4) of the Dairy Produce Act 1986; or (b) to make an application to the Administrative Appeals Tribunal under subsection 118(11) of that Act for a review of a decision other than a decision of the Australian Dairy Corporation under subsection 118(9) of that Act; then, despite the amendments of the Dairy Produce Act 1986 made by this Act, that Act, as in force immediately before the commencement of this Act, continues to apply in respect of that person in relation to the making of such a request or application and in relation to a decision made under subsection 118(7) in relation to such a request as if those amendments had not been made. (2) Where: (a) before the commencement of this section a person made a request under subsection 118(4) of the Dairy Produce Act 1986; and (b) immediately before the commencement of this section, a decision had not been made under subsection 118(7) of that Act in relation to the request; then, despite the amendments of the Dairy Produce Act 1986 made by this Act, that Act, as in force immediately before the commencement of this section, continues to apply in respect of that person in relation to that request and to a decision made under subsection 118(7) in relation to that request as if those amendments had not been made.
(1) Where, immediately before the commencement of this section, a person was entitled: (a) to make a request under subsection 20(1) of the Cattle and Beef Levy Collection Act 1990; or (b) to make an application to the Administrative Appeals Tribunal under subsection 20(5) of that Act for a review of a decision; then, despite the repeal of the Cattle and Beef Levy Collection Act 1990 by this Act, that Act, as in force immediately before the commencement of this Act, continues to apply in respect of that person in relation to the making of such a request or application and in relation to a decision made under subsection 20(3) in relation to such a request as if the repeal had not been effected. (2) Where: (a) before the commencement of this section a person made a request under subsection 20(1) of the Cattle and Beef Levy Collection Act 1990; and (b) immediately before the commencement of this section a decision had not been made under subsection 20(3) of that Act in relation to the request; then, despite the repeal of the Cattle and Beef Levy Collection Act 1990 by this Act, that Act, as in force immediately before the commencement of this section, continues to apply in respect of that person in relation to that request and to a decision made under subsection 20(3) in relation to that request as if the repeal had not been effected.
Where, immediately before the commencement of this section, a person was entitled to make an application to the Administrative Appeals Tribunal under a provision specified in column 2 of an item in Schedule 3 of an Act specified in column 3 of that item, then, despite the repeal or amendment of that Act, that Act, as in force immediately before the commencement of this Act, continues to apply in respect of that person in relation to the making of such an application as if the Act had not been repealed or the amendment made, as the case may be.
Schedule 1—Consequential amendments of other Acts
Section 3
Apple and Pear Export Charge Act 1976
Section 4:
Repeal the section.
Section 5 (definition of Association):
Omit the definition, substitute the following definition:
Growers’ Association means the association known as the Australian Apple and Pear Growers’ Association that was formed at a meeting in Melbourne on 5 and 6 December 1945.
Section 5:
Add at the end the following subsection:
(3) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Subsection 6(2):
Omit the subsection, substitute the following subsection:
(2) The charge is payable by the producer.
Subsection 8(2):
Omit “Association”, substitute “Growers’ Association”.
Apple and Pear Levy Act 1976
Section 3:
Repeal the section.
Subsection 4(1) (definition of Association):
Omit the definition, substitute the following definition:
Growers’ Association means the association known as the Australian Apple and Pear Growers’ Association that was formed at a meeting in Melbourne on 5 and 6 December 1945.
Subsection 4(1) (definition of dealer):
Omit the definition.
Subsection 4(1) (definition of juicing fruit):
(a) Omit “grower” (wherever occurring), substitute “producer”.
(b) Omit “dealer”, substitute “selling agent”.
Subsection 4(1) (definition of processing fruit):
(a) Omit “grower” (wherever occurring), substitute “producer”.
(b) Omit “dealer”, substitute “selling agent”.
Subsection 4(1) (definition of retail sale):
(a) Omit “grower”, substitute “producer”.
(b) Omit “dealer”, substitute “selling agent”.
Subsection 4(3):
(a) Omit “dealer”, substitute “selling agent”.
(b) Omit “growers”, substitute “producers”.
Section 4:
Add at the end the following subsection:
(4) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.
Subsection 5(1):
Omit “grower” (wherever occurring), substitute “producer”.
Subsection 5(1A):
Omit “grower” (wherever occurring), substitute “producer”.
Subsection 5(2):
Omit “grower”, substitute “producer”.
Subsection 7(1):
Omit “grower” (wherever occurring), substitute “producer”.
Subsection 7(3A):
Omit “grower”, substitute “producer”.
Australian Horticultural Corporation Act 1987
Subsection 3(1) (definition of appoint):
Omit the definition.
Subsection 3(1):
Insert the following definition:
Levies and Charges Collection Act means the Primary Industries Levies and Charges Collection Act 1991.
After paragraph 47(1)(a):
Insert the following paragraph:
(aa) amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act in relation to amounts of levy referred to in paragraph (a); and
After paragraph 47(2)(a):
Insert the following paragraph:
(aa) amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act in relation to amounts of charge referred to in paragraph (a); and
After paragraph 47(4)(a):
Insert the following paragraph:
(aa) amounts of levy received by the Commonwealth under subsection 7(1) or (2) of the Levies and Charges Collection Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in relation to such levy; and
Paragraph 47(4)(b):
Omit “levy.”, substitute “levy; and”.
After paragraph 47(5)(a):
Insert the following paragraph:
(aa) amounts of charge received by the Commonwealth under paragraph 7(3)(b) of the Levies and Charges Collection Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in relation to such charge; and
Paragraph 47(5)(b):
Omit “charge.”, substitute “charge; and”.
After paragraph 47(5)(b):
Add the following paragraph:
(ba) amounts received by the Commonwealth under subsection 9(1) of that Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in respect of penalty payable under that Act.
After subsection 47(5):
Insert the following subsection:
(5A) The reference in paragraph (1)(aa) to amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act includes a reference to: (a) amounts received by the Commonwealth under paragraph 7(1)(f) of that Act; and (b) amounts received by the Commonwealth under subsection 9(1) of that Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in respect of penalty payable under that Act.
After subsection 47(6):
Insert the following subsection:
(6A) The reference in paragraph (2)(aa) to amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act includes a reference to: (a) amounts received by the Commonwealth under paragraph 7(1)(f) of that Act; and (b) amounts received by the Commonwealth under subsection 9(1) of that Act, or by virtue of an agreement entered into under section 10 or 11 of that Act, in respect of penalty payable under that Act.
Subsection 47A(1):
Omit the subsection, substitute the following subsection:
(1) The Corporation may enter into an agreement, in writing, with any person who is responsible under: (a) section 7 or 7A of the Levy Collection Act; or (b) section 7 or 7A of the Export Charge Collection Act; or (c) section 7 or 9 of the Levies and Charges Collection Act; for the collection of amounts for payment to the Commonwealth, providing for payment by the Corporation to that person in respect of the collection of so much of the amounts collected as are paid to the Corporation.
Subsection 47A(2):
Omit the subsection, substitute the following subsection:
(2) The Corporation may enter into an agreement in writing, with any person who has agreed, under: (a) subsection 7B(1) of the Levy Collection Act; or (b) subsection 7B(1) of the Export Charge Collection Act; or (c) subsection 10(1) or 11(1) of the Levies and Charges Collection Act; to collect amounts on behalf of the Commonwealth, providing for payment by the Corporation to that person in respect of the collection of so much of the amounts collected as are paid to the Corporation.
Subparagraph 48(1)(aa)(i):
(a) Insert “, (aa)” after “paragraph 47(1)(a)”.
(b) Insert “, (aa)” after “or (2)(a)”.
Australian Meat and Live‑stock Corporation Act 1977
Subsections 34(2), (3), (4), (5) and (6):
Omit the subsections, substitute the following subsections:
(2) A reference in paragraph (1)(a) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from the proprietor of an abattoir under subsection 7(2) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 13 of that Act in relation to amounts of levy referred to in that paragraph; and (b) amounts received from the proprietor of an abattoir under section 7 of the Live‑stock Slaughter Levy Collection Act 1964 and amounts payable by way of penalty under section 9 of that Act in relation to amounts of levy referred to in that paragraph. (3) A reference in paragraph (1)(b) to amounts of charge received by the Commonwealth is to be read as including a reference to: (a) amounts payable by way of penalty under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts of charge referred to in that paragraph; and (b) amounts payable by way of penalty under section 6 of the Live‑stock Export Charge Collection Act 1977 in relation to amounts of charge referred to in that paragraph. (4) A reference in paragraph (1)(c) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from a processor under subsection 7(1) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph; and (b) amounts received from a processor in accordance with subsection 6(4) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty under section 8 of that Act in relation to amounts of levy referred to in that paragraph. (5) A reference in paragraph (1)(d) to amounts of charge received by the Commonwealth is to be read as including a reference to: (a) amounts payable by way of penalty under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts of charge referred to in that paragraph; and (b) amounts received from an exporting agent under subsection 6(5) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty under section 8 of that Act in relation to amounts of charge referred to in that paragraph. (6) A reference in paragraph (1)(e) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from a selling agent, a processor or a feedlot operator under subsection 7(1) or (2) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph; and (b) amounts received from a selling agent, a processor or a feedlot operator under subsection 6(1), (2) or (3) of the Cattle and Beef Levy Collection Act 1990 and amounts payable by way of penalty in accordance with section 8 of that Act in relation to amounts of levy referred to in that paragraph.
Australian Meat and Live‑stock Research and Development Corporation Act 1985
Subsections 42(4), (5), (6), (7) and (8):
Omit the subsections, substitute the following subsections:
(4) A reference in paragraph (1)(a) to amounts of levy received by the Commonwealth is to be read as including a reference to: (a) amounts received from the proprietor of an abattoir under subsection 7(2) of the Primary Industries Levies and Charges Collection A
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