Biosecurity Act 1993

Administrative provisions - Recovery of costs

139: Restrictions on levies

You could also call this:

"Rules for fair sharing of costs through levies"

The Minister will not suggest making an order under section 137 unless they are sure that the costs of a service or function are shared fairly and work well. You will only have to pay a levy if you will benefit from the service or function, or if you create risks that need the service or function. The Minister must also think about all other important things they know about before making a decision.

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138: Orders are confirmable instruments, or

"Some rules, called orders, can be checked and approved, but one old rule is no longer used."


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140: Contents of levy order, or

"What a levy order must include, like who pays and how the money is used"

Part 6Administrative provisions
Recovery of costs

139Restrictions on levies

  1. The Minister shall not recommend the making of an order under section 137 unless the Director-General has satisfied the Minister that—

  2. the imposition of a levy recovering the costs of providing or performing a particular service or function is in accordance with the principles of equity and efficiency; and
    1. either—
      1. the persons who will be responsible for paying the levy will benefit from the provision or performance of the particular service or function; or
        1. the persons who will be responsible for paying the levy create risks that require the provision or performance of the particular service or function; and
        2. all other relevant matters known to the Minister have been properly considered.