Part 5Pest management
Funding from levy
100NContents of order
A levy order must specify—
- how the levy may be spent; and
- the persons responsible for paying the levy; and
- the persons, if any, exempt from paying the levy; and
- the basis on which the amount of levy must be calculated or ascertained; 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 or rates; and
- how the management agency must set the actual rate or rates of levy; and
- how the rate or rates of the levy and variations of the rate or rates must be notified; and
- whether there is to be a single rate or 2 or more different rates; and
- when and how the levy must be paid; and
- the persons responsible for collecting the levy; and
- on the matter of a fee for recovery,—
- whether or not the persons responsible for collecting the levy are entitled to charge a fee for recovering it; and
- if so, the amount of the fee or a means by which its amount may be calculated or ascertained; and
- whether or not the persons responsible for collecting the levy are entitled to charge a fee for recovering it; and
- for the purpose of ascertaining whether or not the order is being complied with,—
- 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
- the retention of the accounts, statements, or records for a specified period; and
- 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
- 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,—
- the appointment of arbitrators; and
- the procedures to be followed by arbitrators; and
- the remuneration of arbitrators; and
- the payment of arbitration costs; and
- a right of appeal to a District Court Judge against decisions of arbitrators; and
- the procedures governing the exercise of the right of appeal; and
- any other matters relating to the resolution of disputes; and
- the appointment of arbitrators; and
- the remuneration payable to an auditor appointed under section 100P.
A levy order may specify—
- 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:
- the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for the payment of the levy:
- 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:
- 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:
- 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.
A levy order may—
- set a rate or rates initially at zero; or
- 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).