Biosecurity Act 1993

Pest management - Funding from levy

100N: Contents of order

You could also call this:

"What a levy order must include"

When you look at a levy order, it must say how the money can be spent. It must also say who has to pay the levy and who does not have to pay it. You need to know how the amount of levy is calculated.

A levy order must also say what rate of levy you have to pay. It might be one rate or more than one rate. If there is more than one rate, the order must say what each rate is for. It must also say how the management agency sets the rate and how they tell you about it.

The order must say when and how you pay the levy. It must also say who collects the levy. You might have to pay a fee to the people who collect the levy. The order must say if you have to pay a fee and how much it is.

The people who collect the levy and the people who pay it must keep records. This is so they can check if everyone is paying the right amount. If there is a dispute about the levy, the order must say how it is sorted out. This might involve an arbitrator, who is like a referee. The order must also say how the arbitrator gets paid.

The order might say other things, like if you can pay the levy in a different way. It might say you have to pay extra if you pay the levy late. It might also say the management agency has to keep the levy money in a separate account. Sometimes, the rate of levy might be set at zero, which means you do not have to pay anything. You can find more information about levy orders in the Biosecurity Act 1993, and the Biosecurity Law Reform Act 2012.

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100M: Effect of order, or

"What happens if you don't pay a levy you owe"


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100O: Trust accounts for levy money, or

"Money collected from levies must be kept in a special bank account, separate from other money."

Part 5Pest management
Funding from levy

100NContents of order

  1. A levy order must specify—

  2. how the levy may be spent; and
    1. the persons responsible for paying the levy; and
      1. the persons, if any, exempt from paying the levy; and
        1. the basis on which the amount of levy must be calculated or ascertained; 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 or rates; and
                  1. how the management agency must set the actual rate or rates of levy; and
                    1. how the rate or rates of the levy and variations of the rate or rates must be notified; and
                    2. when and how the levy must be paid; and
                      1. the persons responsible for collecting the levy; and
                        1. on the matter of a fee for recovery,—
                          1. whether or not the persons responsible for collecting the levy are entitled to charge a fee for recovering it; and
                            1. if so, the amount of the fee or a means by which its amount may be calculated or ascertained; and
                            2. for the purpose of ascertaining whether or not the order is being complied with,—
                              1. the keeping of accounts, statements, and records of a specified class or description by all or any of the persons responsible for collecting the levy, the persons responsible for paying it, and the management agency; and
                                1. the retention of the accounts, statements, or records for a specified period; and
                                2. for the purpose of resolving disputes about whether or not a person is required to pay the levy and the amount of levy a person is required to pay,—
                                  1. the appointment of arbitrators; and
                                    1. the procedures to be followed by arbitrators; and
                                      1. the remuneration of arbitrators; and
                                        1. the payment of arbitration costs; and
                                          1. a right of appeal to a District Court Judge against decisions of arbitrators; and
                                            1. the procedures governing the exercise of the right of appeal; and
                                              1. any other matters relating to the resolution of disputes; and
                                              2. the remuneration payable to an auditor appointed under section 100P.
                                                1. A levy order may specify—

                                                2. the returns to be made to the management agency 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 the levy:
                                                    1. a method of paying the levy that may be used by persons who object on conscientious or religious grounds to paying the levy in the manner provided in the order:
                                                      1. a requirement for the payment of additional or increased amounts of levy when amounts of levy originally payable have been paid late, paid in part, or not paid at all:
                                                        1. a requirement for the funds from which levy payments must be made to the management agency to be held on trust in a separate account.
                                                          1. A levy order may—

                                                          2. set a rate or rates initially at zero; or
                                                            1. provide for a rate or rates to be set at zero.
                                                              Notes
                                                              • Section 100N: inserted, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).