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Commodity Levies Act 1990

Levy orders

13: Levy orders in force no more than 6 years unless extended

You could also call this:

"A levy order is a rule that lasts 6 years, but can be extended for more time."

Illustration for Commodity Levies Act 1990

A levy order lasts for 6 years. You can think of a levy order like a rule that says how much money people must pay for something. After 6 years, the rule is no longer in force unless it is extended. The Governor-General can extend the rule for up to 5 more years. This can happen if a Minister recommends it, after following the rules in section 5. The extension must be done at least 12 months before the rule would otherwise end. The Governor-General can extend the same rule more than once. If the rule is extended, it is treated like a new rule, and the same rules apply as when the rule was first made. An extension to the rule is like a smaller rule, and it must be published and confirmed by an Act, as explained in the Legislation Act 2019 and subpart 3 of Part 5 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM227338.

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"The Minister decides if a levy order stays or goes and tells everyone what they plan to do."

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14: Levy orders to provide for records to be kept, or

"Rules for keeping track of levy payments and records"

Part 1Levy orders

13Levy orders in force no more than 6 years unless extended

  1. A levy order is in force for a period of 6 years and, unless extended under subsection (2) or sooner revoked, is revoked at the end of that 6-year period.

  2. The Governor-General may extend the period for which a levy order is in force by a specified period of not more than 5 years by Order in Council made—

  3. on the recommendation of a Minister, given after complying with the requirements of section 5 (except section 5(1)(b)); and
    1. at least 12 months before the levy order would otherwise be revoked.

      1. The Governor-General may make multiple Orders in Council under subsection (2) in respect of the same levy order.

      2. Section 12 applies to a levy order that is extended under subsection (2) as if the extension is the making of the order.

      3. An order under subsection (2)—

      4. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
        1. must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

          Notes
          • Section 13: replaced, on , by section 18 of the Statutes Amendment Act 2016 (2016 No 104).
          • Section 13(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).