Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994
1 Subsection 3(1)
Insert:
"Agency" has the same meaning as in the Financial Management and Accountability Act 1997 .
2 Subsection 3(1)
Insert:
"collecting agency" means:
(a) if an Agency is specified by instrument under section 3A to be the collecting agency--the Agency; or
(b) if paragraph ( a) does not apply--the APVMA.
3 Subsection 3(1) (definition of notional wholesale value )
Omit "APVMA", substitute "collecting agency".
4 After section 3
Insert:
3A Minister may specify collecting agency
(1) The Minister may, by written instrument, specify an Agency to be the collecting agency.
(2) Before making an instrument specifying an Agency, the Minister must get the written agreement of the Minister responsible for the Agency.
(3) An instrument under subsection ( 1) is not a legislative instrument.
5 Section 6 (heading)
Repeal the heading, substitute:
6 Power of collecting agency to make certain determinations
6 Subsection 6(1)
Omit "APVMA", substitute "collecting agency".
7 Subsection 14(2)
Omit "APVMA", substitute "collecting agency".
8 Paragraph 14A(1)(a)
Omit "APVMA", substitute "collecting agency".
9 Subsection 14A(3)
Omit "APVMA", substitute "collecting agency".
10 Subsection 15(1)
Omit "APVMA" (wherever occurring), substitute "collecting agency".
11 Subsection 15(3)
Omit "APVMA" (wherever occurring), substitute "collecting agency".
12 Subsections 15(4), (5) and (6)
Omit "APVMA", substitute "collecting agency".
13 Section 16 (heading)
Repeal the heading, substitute:
16 Assessment of levy by collecting agency
14 Subsection 16(1)
Omit "APVMA", substitute "collecting agency".
15 Subsection 16(4)
After "APVMA", insert "or, if an Agency is specified by instrument under section 3A, the Agency".
16 Subsections 16(5) and (6)
Omit "APVMA", substitute "collecting agency".
17 Subsection 16(12)
Omit "APVMA by the Chief Executive Officer of the APVMA", substitute "collecting agency by the Chief Executive Officer of the Agency".
18 Subsection 17(1)
Omit "APVMA" (wherever occurring), substitute "collecting agency".
19 Paragraph 17(2)(a)
Omit "or to an inspector", substitute ", an Agency specified by instrument under section 3A or an inspector".
20 Subsection 18(1)
Omit "APVMA" (wherever occurring), substitute "collecting agency".
21 Subsections 18(3), (4), (5), (7) and (8)
Omit "APVMA", substitute "collecting agency".
22 At the end of Part 3
Add:
18A Reporting obligations of collecting agency
(1) This section applies if an Agency is specified by instrument under section 3A to be the collecting agency.
(2) In relation to a particular period, the Agency must notify the APVMA, in writing, of the following:
(a) the leviable disposals of a chemical product that took place during the period;
(b) the total leviable value (if any) in respect of the product for that period and the amount of the levy (if any) that was payable;
(c) any assessment made by the Agency as to whether any levy was payable in respect of leviable disposals of the chemical product during the period;
(d) the amounts of levy, late payment penalty or understatement penalty collected by the Agency during the period;
(e) if the prescribed date for payment of levy falls within the period--the amounts of levy that have not been paid on or before the prescribed date;
(f) if late payment penalty or understatement penalty is payable during the period--any amounts of late payment penalty or understatement penalty that have not been paid;
(g) if the amounts of any levy, late payment penalty or understatement penalty overpaid by a person have been credited during the period against a liability of the person to pay another such amount under the Act--the amount credited and the person in relation to whom the amount was credited;
(h) if the whole or part of the liability to pay an amount of levy, late payment penalty or understatement penalty has been waived during the period--the amount that has been waived and the person in relation to whom the amount was waived;
(i) if the total amount of levy, late payment penalty or understatement penalty was rounded during the period--the amount of levy, late payment penalty or understatement penalty payable, the amount as rounded and the person in relation to whom the amount was rounded.
(3) The Agency must notify the APVMA in such form, and by such time after the end of the period, as the APVMA requires.
18B APVMA may request information from collecting agency
(1) This section applies if an Agency is specified by instrument under section 3A to be the collecting agency.
(2) The APVMA may request the collecting agency to provide any information it has acquired under this Act if the APVMA considers that the information is or may be required to enable:
(a) the APVMA to perform functions, or exercise powers, under the Agricultural and Veterinary Chemicals (Administration) Act 1992 or the Agvet Code of a State or of the participating Territories; or
(b) the Chief Executive Officer of the APVMA to perform his or her functions, or exercise his or her powers, under the Agricultural and Veterinary Chemicals (Administration) Act 1992 or the Agvet Code of a State or of the participating Territories .
(3) The Agency must respond to the APVMA in such form, and by such time, as the APVMA requires.
23 Section 20 (heading)
Repeal the heading, substitute:
20 APVMA or collecting agency may require information about disposals of chemical products
24 Subsection 20(1)
After "the APVMA may", insert "or, if a collecting agency is specified by instrument under section 3A to be the collecting agency, the collecting agency may".
25 Subsection 20(1)
After "give to the APVMA", insert "or the collecting agency, as the case may be".
26 Subsection 20(2)
Repeal the subsection, substitute:
(2) To avoid doubt, the APVMA may give a written notice under subsection ( 1) even if an Agency is specified by instrument under section 3A to be the collecting agency.
27 Section 33 (heading)
Repeal the heading, substitute:
33 Administrative Appeals Tribunal may review certain decisions by collecting agency
28 Paragraphs 33(b), (c) and (d)
Omit "APVMA", substitute "collecting agency".
29 Section 38
Omit "delegate of the APVMA", substitute "delegate of the APVMA or of any other Agency".
30 Subsection 38A(1)
Omit "APVMA", substitute "collecting agency".
31 Section 38B
Omit "APVMA", substitute "collecting agency".
32 Section 38B (note)
Omit "APVMA", substitute "collecting agency".
33 Section 38C
Omit "APVMA", substitute "collecting agency".
34 After section 38C
Insert:
38D Costs and expenses of collecting agency
If an Agency is specified by instrument under section 3A to be the collecting agency, the APVMA:
(a) must pay the Agency for the costs and expenses incurred by the Agency in relation to collecting levy, late payment penalty or understatement penalty under this Act; and
(b) may debit the Australian Pesticides and Veterinary Medicines Special Account for this purpose.
The Chief Executive Officer of an Agency may, by writing, delegate his or her power under subsection 16(12) to:
(a) if the Agency is the APVMA--an SES employee or acting SES employee in the APVMA; or
(b) if the Agency is specified by instrument under section 3A to be the collecting agency--an SES employee or acting SES employee in the Agency.
35 Subsection 39(1)
After "APVMA", insert "or, if a collecting agency is specified by instrument under section 3A to be the collecting agency, the collecting agency, or both,".
36 Validation of delegations
(1) If, before this item commenced:
(a) a member of the staff of the APVMA signed a notice of assessment on behalf of the APVMA; and
(b) the member purported to do so as a delegate of the Chief Executive Officer under subsection 16(12) of the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 ;
the member is taken to have done so as a delegate of the Chief Executive Officer under that subsection.
(2) This item does not affect rights or liabilities arising between parties to proceedings heard and finally determined by a court before the day this item commenced.