Part 5AGovernment/industry agreement for readiness or response
100ZBReadiness or response levy orders
The Governor-General may impose a levy for the purposes of wholly or partly funding an industry organisation’s commitments under the agreement.
A levy may be imposed only by Order in Council.
A levy order may be made only on the recommendation of the responsible Minister.
A levy may be imposed on a sector specified in a Gazette notice under section 100ZA.
In addition, the levy may be imposed on persons outside a sector specified in a Gazette notice under section 100ZA if—
- the Minister is satisfied that—
- the persons are represented by an industry organisation that is a party to the agreement; and
- the persons are likely to receive benefits from the readiness or response activities to be funded from the levy; and
- the costs to the persons of paying the levy are not disproportionate to the benefits that they are likely to receive; or
- the persons are represented by an industry organisation that is a party to the agreement; and
- the Minister is satisfied that—
- the levy is the most effective and efficient means of collecting funds from the sector that the organisation represents; and
- it is not practicable to exclude the persons from the application of the levy; and
- the persons are likely to receive benefits from the readiness or response activities to be funded from the levy; and
- the costs to the persons of paying the levy are not disproportionate to the benefits that they are likely to receive.
- the levy is the most effective and efficient means of collecting funds from the sector that the organisation represents; and
The Minister must not recommend that a levy order be made unless satisfied that the proposed levy payers have been consulted and their views taken into account.
For the purposes of subsection (6), the Minister may be satisfied by consultation undertaken under section 100ZA(6).
A levy order may be made from time to time.
The order—
- is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
- must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).
Notes
- Section 100ZB: inserted, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 100ZB(9): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).