Biosecurity Act 1993

Administrative provisions - Recovery of costs

140: Contents of levy order

You could also call this:

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

When an order is made under section 137, it must say who is responsible for paying the levy. It must also explain how the amount of levy is calculated and who does not have to pay it. The order must state who collects the levy and how it is spent.

The order must also explain how the levy is paid and when it is due. It must include information about the rate of levy, such as whether there is one rate or several rates. If there are different rates, the order must say what each rate applies to and the maximum amount for each rate.

The order may also include other details, such as how to make returns to the Director-General. It may say when people can get an extension to pay the levy and what happens if they pay late. It may also explain how the levy money is held and used.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316377.


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"Rules for fair sharing of costs through levies"


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Part 6Administrative provisions
Recovery of costs

140Contents of levy order

  1. Every order under section 137 shall specify—

  2. the persons primarily responsible for paying the levy; and
    1. the basis on which the amount of levy is to be calculated or ascertained; and
      1. the persons (if any) to be exempt from paying the levy; and
        1. the persons responsible for collecting the levy from those primarily responsible for paying it; and
          1. how the levy is to be spent, in consultation with those persons primarily responsible for paying the levy; and
            1. when and how the levy is to be paid; and
              1. on the rate of levy,—
                1. whether there is to be a single rate or 2 or more different rates; and
                  1. if there are to be 2 or more different rates, the things to which the different rates apply; and
                    1. the maximum for each rate; and
                    2. how each actual rate of the levy is to be set (if, or insofar as, the order does not set each actual rate); and
                      1. how the rates of the levy and variation of rates are to be notified; and
                        1. whether or not the persons collecting the levy are entitled to recover the cost of levy collection and the estimated amount.
                          1. The order may prescribe any of the following matters:

                          2. 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:
                            1. the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for the payment of any levy:
                              1. 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.
                                1. 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).