6Matters to be specified in orders

1. Every levy order imposing on any commodity a levy payable to any industry organisation shall specify—

2. the organisation; and
3. the commodity; and
4. the persons primarily responsible for paying the levy; and
5. the basis on which the amount of the levy is to be calculated or ascertained; and
6. the persons (if any) to be exempt from paying the levy; and
7. that—
   1. in all cases the levy is to be paid by the persons primarily responsible for paying it; or
   2. in all cases the levy is to be paid by persons other than those primarily responsible for paying it, but recoverable by them from those primarily responsible; or
   3. in some cases the levy is to be paid by the persons primarily responsible for paying it; and in some cases the levy is to be paid by persons other than those primarily responsible for paying it, but recoverable by them from those primarily responsible; and
8. to the extent that the levy is to be paid by persons other than those primarily responsible for paying it, but recoverable by them from those primarily responsible,—
   1. the persons who are to pay it; and
   2. their duties; and
   3. the means by which they may recover it; and
9. the extent (if any) to which any persons, or persons of any class or description, are to refrain from disclosing information (or information of any class or description) obtained, or obtained as a result of actions undertaken,—
   1. under the order; or
   2. in relation to the order, under this Act; and
10. subject to section 10, either—
    1. how the organisation is to spend the levy; or
    2. a means by which the organisation is to consult the persons primarily responsible for paying it as to how the organisation is to spend it; and
11. whether the levy must be spent by the organisation, or may be paid to and spent by branches or subsidiaries of the organisation; and
12. the periods in respect of which the levy is to be paid; and
13. whether the levy is to be paid at a single rate or 2 or more different rates; and if at different rates, the things (whether—to which the different rates may apply; and
    1. different classes or descriptions of the commodity; or
    2. different things of a specified kind, connected with the production of the commodity, on the basis of which the levy is imposed)—
14. in respect of each rate of levy, one of the following:
    1. a maximum rate of levy, with the organisation empowered to set the actual rate:
    2. a maximum amount by which the organisation may increase the rate of the levy in any specified period, with the initial rate of the levy to be fixed by the organisation with the approval of a Minister, and later rates to be fixed by the organisation either with the approval of a Minister or within the maximum:
    3. the rate for a period, being either a rate fixed by the organisation and not higher than the rate last fixed, or a higher rate fixed by a Minister on the recommendation of the organisation; and
15. how the rates of the levy are to be notified; and
16. if the levy is to be paid by persons not primarily responsible for paying it and recovered by them from the persons primarily responsible,—
    1. whether or not the persons not primarily responsible are entitled to charge the organisation a fee for paying and recovering it; and
    2. if so, the amount of the fee, or a means by which its amount may be calculated or ascertained; and
17. how often the levy is to be paid; and
18. the due and latest days, or a means for ascertaining the due and latest days, for payment of the levy.

19. Subject to subsection (3), a levy order imposing on any commodity a levy payable to any industry organisation may prescribe all or any of the following matters:

20. general purposes for which the levy is to be spent:
21. maximum and minimum amounts of levy payable:
22. if the levy is payable on a basis that relates to quantities of the commodity,—
    1. subject to subsection (4), whether or not the levy applies to quantities imported into New Zealand; and
    2. if so, subject to subsection (5), whether the levy is payable in respect of the imported commodity at a rate that is the same as the rate applying to the commodity produced in New Zealand, or at a lower rate:
23. the making of returns (whether by producers of a commodity or other persons) to the organisation or some other person or body, for the purpose of enabling or assisting the determination of amounts of levy payable:
24. circumstances in which, and conditions subject to which, persons may be allowed extensions of time for the payment of any amount of levy:
25. the payment of additional or increased levy when amounts of levy otherwise payable have been paid late or not paid at all.

26. No Minister shall recommend the making of a levy order imposing a levy on any commodity unless satisfied that the spending of the levy in accordance with the order would not be, and would not be able to be, contrary to New Zealand's international legal obligations.

27. No Minister shall recommend the making of a levy order imposing a levy on a commodity and prescribing that the levy applies to quantities of the commodity imported into New Zealand, unless the Minister is satisfied, on the basis of information and evidence satisfactory to the Minister, that unless the levy applies to imported commodity, exporters or importers of imported product, or other persons acquiring or dealing with imported product, will derive unearned benefits from the expenditure of the levy.

28. No Minister shall recommend the making of a levy order imposing a levy on a commodity and prescribing that the levy applies to quantities of the commodity imported into New Zealand, unless the Minister is satisfied, on the basis of information and evidence satisfactory to the Minister, that the rate of levy on imported product provided for in the order cannot be greater than the rate necessary to ensure that exporters or importers of imported product, or other persons acquiring or dealing with imported product, will not derive unearned benefits from the expenditure of the levy.