Biosecurity Act 1993

Government/industry agreement for readiness or response

100ZD: Contents of order

You could also call this:

"What's included in a levy order, like who pays and how much"

When a readiness or response levy order is made, it must include some important details. You need to know how the money from the levy can be spent. The order must also say who has to pay the levy, and who does not have to pay it. It must explain how the amount of levy is calculated and what rate of levy is applied. The rate of levy can be a single rate or different rates for different things, and there is a maximum rate.

The order must also say when and how the levy must be paid, and who is responsible for collecting it. You might have to pay a fee for the levy to be collected. The order can say that people have to keep records of the levy, so it can be checked that people are paying the right amount. If there is a dispute about the levy, the order can say how it will be resolved, including the appointment of arbitrators and the right to appeal to a District Court Judge.

The order might also include other details, such as what returns have to be made to the payee, and whether people can get an extension of time to pay the levy. It might say that people who pay the levy late have to pay extra, or that the levy payments have to be held in a separate trust account. Sometimes, the rate of levy can be set at zero, at least to start with. The auditor's pay is also decided in the order, as stated in the section 100ZF of the Biosecurity Act.

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"What happens when you get an order to pay a levy to help with biosecurity."


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100ZE: Trust accounts for levy money, or

"Money collected from a levy must be kept in a special separate bank account."

Part 5AGovernment/industry agreement for readiness or response

100ZDContents of order

  1. A readiness or response 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. the setting of the actual rate by the payee so that the industry organisation can meet its commitments under the agreement; 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 payee; 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 100ZF.
                                                1. A readiness or response levy order may specify—

                                                2. the returns to be made to the payee 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 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 payee to be held on trust in a separate account.
                                                          1. A readiness or response 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 100ZD: inserted, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).