Part 6Administrative provisions
Recovery of costs
140Contents of levy order
Every order under section 137 shall specify—
- the persons primarily responsible for paying the levy; and
- the basis on which the amount of levy is to be calculated or ascertained; and
- the persons (if any) to be exempt from paying the levy; and
- the persons responsible for collecting the levy from those primarily responsible for paying it; and
- how the levy is to be spent, in consultation with those persons primarily responsible for paying the levy; and
- when and how the levy is to be paid; and
- on the rate of levy,—
- whether there is to be a single rate or 2 or more different rates; and
- if there are to be 2 or more different rates, the things to which the different rates apply; and
- the maximum for each rate; and
- whether there is to be a single rate or 2 or more different rates; and
- how each actual rate of the levy is to be set (if, or insofar as, the order does not set each actual rate); and
- how the rates of the levy and variation of rates are to be notified; and
- whether or not the persons collecting the levy are entitled to recover the cost of levy collection and the estimated amount.
The order may prescribe any of the following matters:
- the making of returns to the Director-General or some other person or body for the purpose of enabling or assisting the determination of amounts of levy payable:
- the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for the payment of any levy:
- the payment of additional or increased levy when amounts of levy otherwise payable have been paid late, paid in part or not paid at all.
- the holding of funds from which payments of levy are to be made, on trust in separate accounts.
Notes
- Section 140(1)(g): replaced, on , by section 10 of the Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 (2014 No 11).
- Section 140(1)(h): replaced, on , by section 10 of the Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 (2014 No 11).
- Section 140(2)(d): inserted, on , by section 93 of the Biosecurity Amendment Act 1997 (1997 No 89).