PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION BILL 2023

2022-2023

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Primary Industries Levies and Charges

Collection Bill 2023

No. , 2023

(Agriculture, Fisheries and Forestry)

A Bill for an Act relating to collecting levies

imposed under the

Primary Industries (Excise)

Levies Act 2023

or the

Primary Industries (Services)

Levies Act 2023

and charges imposed under the

Primary Industries (Customs) Charges Act 2023

, and

for related purposes

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Contents

Part 1

Preliminary

Short title ........................................................................................... 2

Commencement ................................................................................. 2

Simplified outline of this Act ............................................................ 3

Definitions ......................................................................................... 4

Act binds Crown ................................................................................ 8

Application of this Act in external Territories ................................... 8

Part 2

Collection of levy or charge

Division 1

Introduction

Simplified outline of this Part ............................................................ 9

Division 2

Payment of levy or charge

Payment of levy or charge ............................................................... 10

Late payment penalty ...................................................................... 10

Division 3

Payment by collection agents of amounts equal to

levy or charge

Payment of amounts equal to levy or charge ................................... 14

Late payment penalty ...................................................................... 17

Division 4

Collection agreements

Collection agreements ..................................................................... 20

Division 5

Recovery and refund of amounts

Debt recovery .................................................................................. 22

Refund of amounts .......................................................................... 22

Recovery by reduction of future liability ......................................... 22

Part 3

Giving returns or notices and making and keeping

records under the rules

Simplified outline of this Part .......................................................... 25

Penalties for failure to give return or notice under the rules ............ 25

Penalties for failure to make or keep records under the rules .......... 26

Part 4

Compliance and enforcement

Division 1

Introduction

Simplified outline of this Part .......................................................... 27

Division 2

Monitoring

Monitoring powers .......................................................................... 28

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division 3

Investigation

Investigation powers ........................................................................ 31

Division 4

Civil penalty provisions

Civil penalty provisions ................................................................... 34

Division 5

Infringement notices

Infringement notices ........................................................................ 36

Division 6

Injunctions

Injunctions ....................................................................................... 38

Part 5

Information management

Division 1

Introduction

Simplified outline of this Part .......................................................... 39

Division 2

Information gathering

Secretary may require information or documents ............................ 40

Inspection and retention of documents and provision of

certified copy of documents............................................................. 41

Division 3

Authorised uses and disclosures of information

Subdivision A

Use or disclosure of relevant levy/charge

information

Use or disclosure for administering Acts or rules or for

agricultural research or policy development etc. ............................. 42

Disclosure to Commonwealth entities ............................................. 43

Use or disclosure of information for the purposes of other

Acts ................................................................................................. 43

Disclosure of information about persons giving returns and

collection agents .............................................................................. 44

Disclosure of information to be used for maintaining register

of levy payers or charge payers etc. ................................................. 46

Disclosure for the purposes of law enforcement .............................. 46

Disclosure to State or Territory body .............................................. 47

Disclosure to a court, tribunal etc. ................................................... 47

Use or disclosure of statistics .......................................................... 48

Use or disclosure of publicly available information ........................ 48

Disclosure to person to whom information relates .......................... 48

Use or disclosure with consent ........................................................ 48

Disclosure to person who provided information .............................. 48

Use or disclosure authorised by rules .............................................. 48

Subdivision B

Secondary use or disclosure for declared recipient

bodies or statutory recipient bodies

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

iii

Secondary use of information for maintaining register of

levy payers or charge payers etc. ..................................................... 49

Secondary disclosure of statistics or of information to

approved person or body ................................................................. 50

Approvals for secondary disclosure by declared recipient

bodies or statutory recipient bodies ................................................. 51

Division 4

Protected information

Offence and civil penalty

use or disclosure of protected

information ...................................................................................... 53

Part 6

Other matters

Division 1

Introduction

Simplified outline of this Part .......................................................... 55

Division 2

Civil penalty provisions for false or misleading

information or documents

Civil penalty provisions for false or misleading information

or documents ................................................................................... 56

Division 3

Reconsideration and review of decisions

Internal reconsideration of decisions ............................................... 59

Administrative Appeals Tribunal review of decisions ..................... 61

Division 4

Self-incrimination and court orders

Self-incrimination etc. ..................................................................... 62

Court orders ..................................................................................... 63

Division 5

Other provisions

Appointment of compliance officers ............................................... 64

Secretary may arrange for use of computer programs to make

decisions .......................................................................................... 64

Delegation by Secretary................................................................... 65

Electronic system for giving returns or information ........................ 65

Treatment of partnerships ................................................................ 66

Treatment of trusts ........................................................................... 67

Treatment of unincorporated bodies or associations ........................ 68

Rules ................................................................................................ 69

Part 1

Preliminary

Section 1

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Part

1--Preliminary

1 Short title

This Act is the

Primary Industries Levies and Charges Collection

Act 2023

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Sections 3 to 9 1 January 2025.

1 January 2025

3. Section 10

The day after this Act receives the Royal

Assent.

4. Section 11

1 January 2025.

1 January 2025

5. Section 12

The day after this Act receives the Royal

Assent.

6. Sections 13 to

1 January 2025.

1 January 2025

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

Preliminary

Part 1

Section 3

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

3 Simplified outline of this Act

Levies imposed by regulations under the

Primary Industries

(Excise) Levies Act 2023

or the

Primary Industries (Services)

Levies Act 2023

, and charges imposed by regulations under the

Primary Industries (Customs) Charges Act 2023

, are collected

under rules made under this Act.

The levies or charges are collected from the levy payers or charge

payers or amounts equal to levies or charges are collected from

collection agents.

The Commonwealth may enter into an agreement with a State, the

Australian Capital Territory or the Northern Territory or another

person or body about the collection, on behalf of the

Commonwealth, of levy or charge or amounts equal to levy or

charge.

Amounts equal to amounts collected under the rules are then

disbursed to various research and development corporations and

other industry bodies under the

Primary Industries Levies and

Charges Disbursement Act 2023

There are offences and civil penalties for persons who fail to:

(a)

give a return or notice under the rules; or

(b)

make or keep records in accordance with the rules.

The Regulatory Powers Act is triggered to allow enforcement

actions in relation to this Act that are monitoring or investigation

powers, obtaining civil penalty orders in relation to contraventions

of civil penalty provisions, issuing infringement notices or

obtaining injunctions.

The Secretary may require from a person information or

documents relevant to the operation of this Act.

Part 1

Preliminary

Section 4

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Entrusted persons can use or disclose information (referred to as

relevant levy/charge information) in accordance with this Act.

Entrusted persons may commit an offence or contravene a civil

penalty provision if they use or disclose protected information

other than in accordance with this Act.

4 Definitions

In this Act:

ABARES staff member

means:

(a) an APS employee in the part of the Department known as the

Australian Bureau of Agricultural and Resource Economics

and Sciences; or

(b) a person employed or engaged by the Commonwealth to

perform services for that Bureau.

ABN

has the meaning given by section 41 of the

A New Tax

System (Australian Business Number) Act 1999

ACN

has the meaning given by section 9 of the

Corporations Act

2001

algae

means macroalgae, microalgae or cyanobacteria, and

includes seaweeds.

algal product

means:

(a) an alga; or

(b) any part of an alga; or

(d) anything wholly or principally produced from, or wholly or

principally derived from, an alga.

animal

means any member, alive or dead, of the animal kingdom

(other than a human being).

animal product

means:

(a) an animal; or

(b) any part of an animal; or

Preliminary

Part 1

Section 4

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

(d) anything wholly or principally produced from, or wholly or

principally derived from, an animal.

approved electronic system

means an electronic system covered by

section 55.

approved form

means a form approved by the Secretary by written

instrument under the rules.

charge

means a charge imposed by regulations under the

Primary

Industries (Customs) Charges Act 2023

charge payer

means a person who has paid, or is liable to pay, a

charge.

Note:

Regulations under the

Primary Industries (Customs) Charges Act

2023

specify the charge payer.

civil penalty provision

has the same meaning as in the Regulatory

Powers Act.

collection agent

means a person who, under the rules, is liable to

pay an amount as mentioned in paragraph 10(1)(a).

collection commodities/services

means the following:

(a) animal products, plant products, fungus products or algal

products in relation to which levy is imposed by regulations

under Part 2 of the

Primary Industries (Excise) Levies Act

2023

or charge is imposed by regulations under Part 2 of the

Primary Industries (Customs) Charges Act 2023

;

(b) goods in relation to which levy is imposed by regulations

under Part 3 or 4 of the

Primary Industries (Excise) Levies

Act

2023

or charge is imposed by regulations under Part 3 of

the

Primary Industries (Customs) Charges Act 2023

;

under Part 2 of the

Primary Industries (Services) Levies Act

2023

Commonwealth entity

has the same meaning as in the

Public

Governance, Performance and Accountability Act 2013

Part 1

Preliminary

Section 4

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

compliance officer

means:

(a) the Secretary; or

(b) an APS employee in the Department in respect of whom an

appointment under section 52 is in force.

declared recipient body

means a body that is the subject of a

declaration in force under subsection 39(1) of the

Primary

Industries Levies and Charges Disbursement Act 2023

entrusted person

means any of the following:

(a) the Minister;

(b) the Secretary;

(d) any other person who is employed or engaged by the

Commonwealth to provide services to the Commonwealth in

connection with the Department;

(e) any other person who is:

(i) employed or engaged by the Commonwealth or a body

corporate that is established by a law of the

Commonwealth; and

(ii) in a class of persons prescribed by rules made for the

purposes of this subparagraph.

equivalent amount

: see paragraph 10(1)(a).

fungus

means any member, alive or dead, of the fungi kingdom,

and includes yeasts, mushrooms and truffles.

fungus product

means:

(a) a fungus; or

(b) any part of a fungus; or

(d) anything wholly or principally produced from, or wholly or

principally derived from, a fungus.

levy

means a levy imposed by regulations under:

(a) the

Primary Industries (Excise) Levies Act 2023

; or

(b) the

Primary Industries (Services) Levies Act 2023

Preliminary

Part 1

Section 4

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

levy payer

means a person who has paid, or is liable to pay, levy.

Note:

Regulations under the

Primary Industries (Excise) Levies Act 2023

the

Primary Industries (Services) Levies Act 2023

specify the levy

payer.

marketing activities

has the meaning given by the

Primary

Industries Levies and Charges Disbursement Act 2023

personal information

has the same meaning as in the

Privacy Act

1988

plant

means any member, alive or dead, of the plant kingdom.

plant product

means:

(a) a plant; or

(b) any part of a plant; or

(d) anything wholly or principally produced from, or wholly or

principally derived from, a plant.

Regulatory Powers Act

means the

Regulatory Powers (Standard

Provisions) Act 2014

relevant levy/charge information

means:

(a) information obtained by a person under this Act or the rules;

(b) information obtained or generated by a person in the course

of or for the purposes of:

(i) administering this Act or the rules or monitoring

compliance with this Act or the rules; or

(ii) assisting another person to administer this Act or the

rules or monitor compliance with this Act or the rules.

research and development activity

has the meaning given by the

Primary Industries Levies and Charges Disbursement Act 2023

reviewable decision

means a decision referred to in

subsection 48(1).

rules

means the rules made by the Secretary under section 59.

Part 1

Preliminary

Section 5

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Secretary

means the Secretary of the Department.

staff member

of a Commonwealth entity means the following:

(a) the chief executive officer (however described) of that entity;

(b) an employee of that entity;

otherwise, to perform duties or functions, or to exercise

powers, of that entity.

State or Territory body

includes a Department of State, or an

authority or agency, of a State or Territory.

statutory recipient body

means the following:

(a) a research and development corporation established under

regulations, or continued in existence under regulations,

made for the purposes of section 8 of the

Primary Industries

Research and Development Act 1989

;

(b) the Rural Industries Research and Development Corporation

established under section 9 of the

Primary Industries

Research and Development Act 1989

;

5 Act binds Crown

(1) This Act binds the Crown in each of its capacities.

(2) However, this Act does not make the Crown liable to be prosecuted

for an offence.

Note:

In addition, the Crown is not liable to be subject to civil proceedings

for a contravention of a civil penalty provision or to be given an

infringement notice in relation to contraventions of this Act: see

subsections 22(6) and 23(6).

6 Application of this Act in external Territories

(1) Subject to subsection (2), this Act and the rules do not extend to

the external Territories.

(2) The rules may extend this Act, and any provisions of the rules, to

an external Territory that is prescribed by the rules.

Collection of levy or charge

Part 2

Introduction

Division 1

Section 7

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Part

2--Collection of levy or charge

Division

1--Introduction

7 Simplified outline of this Part

Collection of levy or charge

The rules may provide for the collection from levy payers or

charge payers of levy or charge (see Division 2).

Payment by collection agents of amounts equal to levy or charge

The rules may make collection agents liable to pay an amount, on

behalf of a levy payer or charge payer, equal to levy or charge (see

Division 3).

Late payment penalties

There are late payment penalties if levy or charge, or amounts

equal to levy or charge, are not paid on time.

Collection agreements

The Commonwealth may enter into an agreement with a State, the

Australian Capital Territory or the Northern Territory or another

person or body about the collection, on behalf of the

Commonwealth, of levy or charge or amounts equal to levy or

charge (see Division 4).

Recovery and refund of amounts

There are provisions dealing with debt recovery and refunds of

overpayments (see Division 5).

Part 2

Collection of levy or charge

Division 2

Payment of levy or charge

Section 8

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division

2--Payment of levy or charge

8 Payment of levy or charge

(1) The rules may make provision for and in relation to the following:

(a) the time levy or charge is due and payable;

(b) the levy or charge being payable to the Commonwealth or

another entity on behalf of the Commonwealth;

a levy payer's or charge payer's

liability to pay levy or charge.

(2) For the purposes of paragraph (1)(b), the rules must not provide for

the levy or charge being payable to another entity on behalf of the

Commonwealth unless there is an agreement in force under

section 12 for that other entity to collect the levy or charge on

behalf of the Commonwealth.

9 Late payment penalty

(1) If:

(a) levy or charge is payable by a levy payer or charge payer;

and

(b) an amount (the

unpaid amount

) of that levy or charge

remains unpaid at the end of the day (the

due day

) on which

the levy or charge is due to be paid;

the levy payer or charge payer is liable to pay to the

Commonwealth, by way of penalty, an amount, worked out under

subsection (3), for each day in the period under subsection (2).

Note:

The penalty stops accruing once the levy payer or charge payer pays

the unpaid amount of levy or charge.

Penalty period

(2) The period

begins on the day after the due day and ends at the end

of the day before the day on which the whole of the unpaid

amount, or the outstanding balance of the unpaid amount, is paid.

Collection of levy or charge

Part 2

Payment of levy or charge

Division 2

Section 9

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Amount of penalty

(3) The amount of penalty for a day (the

penalty day

) in the period

described in subsection (2) is worked out using this method

statement.

Method statement

Step 1. Divide 0.02 by the number of days in the calendar month

in which the penalty day occurs.

Step 2. Multiply the amount at step 1 by the sum of:

(a) so much of the unpaid amount as remains unpaid at

the end of the penalty day; and

(b) the total amount of penalty (if any) for days in each

calendar month before the calendar month in

which the penalty day occurs.

Step 3. Round the amount at step 2 to the nearest cent (rounding

0.5 cents upwards): the result is the amount of penalty for

the penalty day.

Note:

The amount of penalty for a day is based on a rate of 2% per month.

Example: Assume $1,200 levy is due on 31 August and a partial payment of

$300 is made on 16 September and the outstanding balance of $900 is

paid on 10 October.

The period under subsection (2) is the period beginning on

1 September and ending at the end of 9 October.

Calculation of penalty in September based on unpaid amount of

$1,200

The penalty for each of the penalty days 1-15 September is 80 cents

(which is 0.02 divided by 30 and the result multiplied by $1,200).

The total penalty for the penalty days 1-15 September is $12 (equal to

the daily penalty of 80 cents multiplied by 15).

Calculation of penalty in September based on outstanding unpaid

amount of $900

Part 2

Collection of levy or charge

Division 2

Payment of levy or charge

Section 9

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

The penalty for each of the penalty days 16-30 September is 60 cents

(which is 0.02 divided by 30 and the result multiplied by $900).

The total penalty for the penalty days 16-30 September is $9 (equal to

the daily penalty of 60 cents multiplied by 15).

The total penalty for September is $21.

Calculation of penalty in October based on unpaid amount of

$900 and total penalty of $21 for September

The penalty for each of the penalty days 1-9 October is as follows:

(a) the amount at step 1 is 0.02 divided by 31, which is

0.00064516129;

(b) the amount at step 2 is 0.00064516129 multiplied by $921 (the

outstanding balance of $900 plus the $21 penalty for September),

which is $0.59419354809;

penalty for each of the penalty days 1-9 October.

The total penalty for the penalty days 1-9 October is $5.31 (equal to

the daily penalty of 59 cents multiplied by 9).

Total penalty

Since the outstanding balance of $900 is paid on 10 October, there is

no further penalty. The total amount of penalty to be paid is $26.31

($21 for September plus $5.31 for October).

When penalty is due and payable

(4) The amount of penalty under this section for a day is due and

payable to the Commonwealth at the end of that day.

Remission of penalty

(5) The Secretary may remit the whole or a part of an amount of

penalty under this section.

(6) In deciding whether to do so, the Secretary:

(a) must take into account the following:

(i) whether the failure to pay the levy or charge, that

resulted in the penalty, was the result of an honest

mistake or inadvertence by the levy payer or charge

payer;

(ii) the circumstances in which that failure occurred;

(iii) the amount of the penalty;

Part 2

Collection of levy or charge

Division 3

Payment by collection agents of amounts equal to levy or charge

Section 10

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division

3--Payment by collection agents of amounts equal

to levy or charge

10 Payment of amounts equal to levy or charge

(1) For better securing the payment of levy or charge imposed in

relation to collection commodities/services, the rules may make

provision for and in relation to the following:

(a) making persons (each of whom is a

collection agent

) liable

to pay an amount (the

equivalent amount

), on behalf of the

levy payer or charge payer, equal to the amount of levy or

charge due for payment in relation to the collection

commodities/services;

(b) the time the equivalent amount is due and payable;

or another entity on behalf of the Commonwealth;

(d) any other matters relating to the above matters.

Note:

For limitations on the rules, see subsections (10) and (11).

Deductions by collection agent

(2) For the purpose of ensuring a collection agent has the funds

necessary to pay the equivalent amount, the collection agent may

deduct an amount from:

(a) money received by the collection agent on behalf of the levy

payer or charge payer in relation to the collection

commodities/services; or

(b) money payable by the collection agent to the levy payer or

charge payer in relation to the collection

commodities/services.

(3) The amount the collection agent may deduct is an amount equal to,

or that may reasonably be expected to be equal to, the equivalent

amount.

(4) If the collection agent deducts an amount, the collection agent must

give the levy payer or charge payer a receipt or other written

Collection of levy or charge

Part 2

Payment by collection agents of amounts equal to levy or charge

Division 3

Section 10

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

statement within 7 days after the deduction specifying the amount

of the deduction and the day of the deduction.

(5) Subsections (2) and (3) apply despite:

(a) any law of a State, the Australian Capital Territory or the

Northern Territory; and

(b) any agreement.

Discharge of levy payer's or charge payer's liability

(6) If the collection agent deducts an amount under subsection (2), the

levy payer or charge payer is discharged from liability to pay the

levy or charge to the extent that the amount deducted does not

exceed the amount of the levy or charge.

Example: Assume a levy payer is liable to pay $100 levy.

A collection agent deducts $90 under subsection (2), which is the

amount the collection agent reasonably expected to be

the levy payer's

liability. Under subsection (

6), the levy payer's liability is discharged

by $90.

(7) If the collection agent makes a payment as mentioned in

paragraph (1)(a), the levy payer or charge payer is discharged from

liability to pay the levy or charge to the extent of:

(a) so much of the amount paid that does not exceed the amount

of the levy or charge; less

(b) the amount of the discharge (if any) under subsection (6).

Example 1: To continue the example in subsection (6), assume the collection agent

makes a payment of $100 as mentioned in paragraph (1)(a).

Under subsection (7

), the levy payer's liability is discharg

ed by $10,

being the outstanding amount of

the levy payer's liability.

Example 2: To continue the example in subsection (6), assume instead the

collection agent makes a payment of $120 as mentioned in

paragraph (1)(a).

Under subsection (7), the levy payer

's liability is discharged by $10,

being the outstanding amount of the levy payer's liability. The $10 is

equal to $100 (so much of the $120 payment made by the collection

agent that does not exceed the $100 levy) less the $90 discharge under

subsection (6).

The collection agent has overpaid $20. The collection agent is entitled

to a refund of $20 under section 14.

Part 2

Collection of levy or charge

Division 3

Payment by collection agents of amounts equal to levy or charge

Section 10

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Collection agent may recover amount from levy payer or charge

payer

(8) If the collection agent makes a payment as mentioned in

paragraph (1)(a), the collection agent may recover from the levy

payer or charge payer, by set-off or otherwise, an amount equal to:

(a) so much of the amount paid that does not exceed the amount

of the levy or charge; less

(b) any deduction the collection agent made under

subsection (2).

Example: To continue example 1 in subsection (7), the collection agent is able to

recover $10 from the levy payer (the difference between the $100 the

collection agent paid and the $90 deduction the collection agent

made).

When agreement between levy or charge payer and collection

agent is void

(9) An agreement between a levy payer or charge payer and a

collection agent that purports (either expressly or impliedly) to

require the levy payer or charge payer to pay levy or charge as a

condition for the provision of services by the agent is void to that

extent, if the agent would otherwise be liable to pay an amount as

mentioned in paragraph (1)(a) in relation to that levy or charge.

Limitations on rules

(10) For the purposes of paragraph (1)(a), the rules must not provide for

a State to be liable to pay an amount on behalf of the levy payer or

charge payer unless:

(a) a Minister of the State has informed the Minister

administering this Act, in writing, that the State gives consent

to the rules doing so; and

(b) a Minister of the State has not informed the Minister

administering this Act, in writing, that the State withdraws

that consent.

(11) For the purposes of paragraph (1)(c), the rules must not provide for

the equivalent amount being payable to another entity on behalf of

the Commonwealth unless there is an agreement in force under

Collection of levy or charge

Part 2

Payment by collection agents of amounts equal to levy or charge

Division 3

Section 11

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

section 12 for that other entity to collect the equivalent amount on

behalf of the Commonwealth.

11 Late payment penalty

(1) If:

(a) an equivalent amount is payable by a collection agent under

rules made for the purposes of subsection 10(1); and

(b) the whole or a part (the

unpaid amount

) of that equivalent

amount remains unpaid at the end of the day (the

due day

) on

which the equivalent amount is due to be paid;

the collection agent is liable to pay to the Commonwealth, by way

of penalty, an amount, worked out under subsection (3), for each

day in the period under subsection (2).

Note:

The penalty stops accruing once the collection agent pays the unpaid

amount.

Penalty period

(2) The period begins on the day after the due day and ends at the end

of the day before the day on which the whole of the unpaid

amount, or the outstanding balance of the unpaid amount, is paid.

Amount of penalty

(3) The amount of penalty for a day (the

penalty day

) in the period

described in subsection (2) is worked out using this method

statement.

Method statement

Step 1. Divide 0.02 by the number of days in the calendar month

in which the penalty day occurs.

Step 2. Multiply the amount at step 1 by the sum of:

(a) so much of the unpaid amount as remains unpaid at

the end of the penalty day; and

Part 2

Collection of levy or charge

Division 3

Payment by collection agents of amounts equal to levy or charge

Section 11

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

(b) the total amount of penalty (if any) for days in each

calendar month before the calendar month in

which the penalty day occurs.

Step 3. Round the amount at step 2 to the nearest cent (rounding

0.5 cents upwards): the result is the amount of penalty for

the penalty day.

Note:

The amount of penalty for a day is based on a rate of 2% per month.

Example: Assume an equivalent amount of $1,500 is due on 31 August and a

partial payment of $600 is made on 16 September and the outstanding

balance of $900 is paid on 10 October.

The period under subsection (2) is the period beginning on

1 September and ending at the end of 9 October.

Calculation of penalty in September based on unpaid amount of

$1,500

The penalty for each of the penalty days 1-15 September is $1 (which

is 0.02 divided by 30 and the result multiplied by $1,500).

The total penalty for the penalty days 1-15 September is $15.

Calculation of penalty in September based on outstanding unpaid

amount of $900

The penalty for each of the penalty days 16-30 September is 60 cents

(which is 0.02 divided by 30 and the result multiplied by $900).

The total penalty for the penalty days 16-30 September is $9 (equal to

the daily penalty of 60 cents multiplied by 15).

The total penalty for September is $24.

Calculation of penalty in October based on unpaid amount of

$900 and total penalty of $24 for September

The penalty for each of the penalty days 1-9 October is as follows:

(a) the amount at step 1 is 0.02 divided by 31, which is

0.00064516129;

(b) the amount at step 2 is 0.00064516129 multiplied by $924 (the

outstanding balance of $900 plus the $24 penalty for September),

which is $0.59612903196;

penalty for each of the penalty days 1-9 October.

The total penalty for the penalty days 1-9 October is $5.40 (equal to

the daily penalty of 60 cents multiplied by 9).

Total penalty

Collection of levy or charge

Part 2

Payment by collection agents of amounts equal to levy or charge

Division 3

Section 11

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Since the outstanding balance of $900 is paid on 10 October, there is

no further penalty. The total amount of penalty to be paid is $29.40

($24 for September plus $5.40 for October).

When penalty is due and payable

(4) The amount of penalty under this section for a day is due and

payable to the Commonwealth at the end of that day.

Remission of penalty

(5) The Secretary may remit the whole or a part of an amount of

penalty under this section.

(6) In deciding whether to do so, the Secretary:

(a) must take into account the following:

(i) whether the failure to pay the equivalent amount, that

resulted in the penalty, was the result of an honest

mistake or inadvertence by the collection agent;

(ii) the circumstances in which that failure occurred;

(iii) the amount of the penalty;

(iv)

the collection agent's history of compliance with this

Act and the rules; and

(b) may take into account any other matter that the

Secretary

considers relevant.

Part 2

Collection of levy or charge

Division 4

Collection agreements

Section 12

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division

4--Collection agreements

12 Collection agreements

Collection agreements with State or Territories

(1) The Commonwealth may enter into an agreement with a State, the

Australian Capital Territory or the Northern Territory about the

collection, on behalf of the Commonwealth, by the State or

Territory or an authority of the State or Territory of either or both

of the following:

(a) levy or charge payable by a levy payer or charge payer;

(b) equivalent amounts that a collection agent is liable to pay as

mentioned in paragraph 10(1)(a).

Collection agreements with other persons or bodies

(2) The Commonwealth may enter into an agreement with a person or

body about the collection, on behalf of the Commonwealth, by that

person or body of either or both of the following:

(a) levy or charge payable by a levy payer or charge payer;

(b) equivalent amounts that a collection agent is liable to pay as

mentioned in paragraph 10(1)(a).

Content of agreements

(3) Without limiting subsection (1) or (2), an agreement may provide

for:

(a) the persons from whom amounts are to be collected; and

(b) in the case of an agreement under subsection (2)

the State,

Territory or region in which amounts are to be collected; and

collected; and

(d) the payment to the Commonwealth of amounts collected; and

(e) the giving to the Minister of information about amounts

collected and amounts paid to the Commonwealth; and

(f) the inspection and audit of accounts and records kept about

amounts collected.

Collection of levy or charge

Part 2

Collection agreements

Division 4

Section 12

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Publication of agreement

(4) The Secretary must publish in the Gazette, and on the

Department's website,

a copy of an agreement entered into under

subsection (1) or (2) within 28 days of the making of the

agreement.

Note:

The Federal Register of Legislation may contain Gazette notices: see

paragraph 15A(3)(c) of the

Legislation Act 2003

Consultation with industry body

(5) Before the Commonwealth enters into an agreement under

subsection (1) or (2), the Secretary must consult any industry body

that is representative of the levy payers or charge payers, or of the

collection agents, that would be affected by the agreement.

Validity of agreement

(6) A failure to comply with subsection (4) or (5) does not affect the

validity of the agreement.

Status of collected amounts

(7) Rules made for the purposes of subsection 105(1) of the

Public

Governance, Performance and Accountability Act 2013

do not

apply to amounts collected under an agreement under this section.

Commonwealth not to discriminate or give preference

(8) A power conferred by subsection (1) or (2) must not be exercised

in such a way as to:

(a) discriminate between States or parts of States within the

meaning of paragraph 51(ii) of the Constitution; or

(b) give preference to one State or any part thereof within the

meaning of section 99 of the Constitution.

Part 2

Collection of levy or charge

Division 5

Recovery and refund of amounts

Section 13

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division

5--Recovery and refund of amounts

13 Debt recovery

The following amounts are debts due to the Commonwealth and

may be recovered by the Commonwealth by action in a court of

competent jurisdiction:

(a) an amount of levy or charge that remains unpaid after the

time when it became due and payable;

(b) an amount that a collection agent, under the rules, is liable to

pay as mentioned in paragraph 10(1)(a) and that remains

unpaid after the time when it became due and payable;

under section 9 or 11 and that remains unpaid after the time

when it became due and payable.

14 Refund of amounts

(1) If a person overpays any of the following amounts, the

Commonwealth must refund to the person an amount equal to the

overpayment:

(a) an amount of levy or charge;

(b) an amount that a collection agent, under the rules, is liable to

pay as mentioned in paragraph 10(1)(a);

(d) an amount that a person is liable to pay by way of penalty

under section 9 or 11.

(2) This section has effect subject to section 15.

15 Recovery by reduction of future liability

Levy payers or charge payers

(1) The Commonwealth, or another entity on behalf of the

Commonwealth, may reduce an amount of levy or charge that a

levy payer or charge payer is liable to pay to the Commonwealth,

or to the other entity on behalf of the Commonwealth in

accordance with an agreement under section 12, if:

Collection of levy or charge

Part 2

Recovery and refund of amounts

Division 5

Section 15

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

(a) the levy payer or charge payer has previously overpaid an

amount of levy or charge to the Commonwealth or to that

other entity on behalf of the Commonwealth in accordance

with that agreement; and

(b) the overpayment has not been refunded to the levy payer or

charge payer.

(2) The amount of the reduction must not exceed the overpayment.

(3) The Commonwealth is not required to refund the overpayment to

the levy payer or charge payer to the extent of the reduction.

Example: A levy payer is liable to pay $100 levy to the Commonwealth.

In a previous transaction the levy payer was liable to pay $140 levy to

the Commonwealth but paid $200. The Commonwealth has not yet

refunded the $60 overpayment to the levy payer.

The Commonwealth may reduce the $100 levy the levy payer is liable

to pay to $40. The Commonwealth is no longer required to refund the

$60 overpayment to the levy payer.

Collection agents

(4) The Commonwealth, or another entity on behalf of the

Commonwealth, may reduce an equivalent amount that a collection

agent is liable to pay to the Commonwealth, or to the other entity

on behalf of the Commonwealth in accordance with an agreement

under section 12, if:

(a) the collection agent has previously overpaid an equivalent

amount to the Commonwealth or to that other entity on

behalf of the Commonwealth in accordance with that

agreement; and

(b) the overpayment has not been refunded to the collection

agent.

(5) The amount of the reduction must not exceed the overpayment.

(6) The Commonwealth is not required to refund the overpayment to

the collection agent to the extent of the reduction.

(7) If the equivalent amount the collection agent is liable to pay is

reduced, the levy payer or charge payer for the levy or charge to

Part 2

Collection of levy or charge

Division 5

Recovery and refund of amounts

Section 15

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

which the equivalent amount relates is discharged from liability to

pay the levy or charge to the extent of the reduction.

Example: A levy payer is liable to pay $100 levy and a collection agent is liable

to pay an equivalent amount equal to $100 to the Commonwealth.

In a previous transaction the levy payer was liable to pay $140 levy

but the collection agent, on behalf of the levy payer, paid $200 to the

Commonwealth. The $60 overpayment has not been refunded to the

collection agent.

The Commonwealth may reduce the $100 equivalent amount the

collection agent is liable to pay to $40. The Commonwealth is no

longer required to refund the $60 overpayment to the collection agent.

For the levy payer and the $140 levy liability, the liability was fully

discharged by $140 under subsection 10(7) (assume the collection

agent did not make a deduction under subsection 10(2)).

For the levy payer and the $100 levy liability, assume the collection

agent pays the reduced $40 equivalent amount. That $100 liability is

partially discharged by $40 under subsection 10(7) (assume the

collection agent made no deduction under subsection 10(2)). The

remaining $60 liability is discharged under subsection (7) of this

section.

Giving returns or notices and making and keeping records under the rules

Part 3

Section 16

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Part

3--Giving returns or notices and making and

keeping records under the rules

16 Simplified outline of this Part

There are offences and civil penalties for persons who fail to:

(a) give a return or notice under the rules; or

(b) make or keep records in accordance with the rules.

17 Penalties for failure to give return or notice under the rules

Failure to give returns

(1) A person commits an offence of strict liability if:

(a) the person is required to give a return under the rules; and

(b) the person fails to give the return in accordance with the

rules.

Note 1:

See also section 23 (about infringement notices).

Note 2:

A person may commit an offence if the person gives a false or

misleading return (see section 137.2 of the

Criminal Code

Penalty: 60 penalty units.

(2) A person contravenes this subsection if:

(a) the person is required to give a return under the rules; and

(b) the person fails to give the return in accordance with the

rules.

Note 1:

See also section 23 (about infringement notices).

Note 2:

A person may contravene a civil penalty provision if the person gives

a false or misleading return (see subsection 47(1)).

Civil penalty:

60 penalty units.

Part 3

Giving returns or notices and making and keeping records under the rules

Section 18

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Failure to give notices

(3) A person commits an offence of strict liability if:

(a) the person is required to give a written notice under rules

made for the purposes of paragraph 59(2)(a) or (c); and

(b) the person fails to give the notice in accordance with the

rules.

Note:

See also section 23 (about infringement notices).

Penalty: 60 penalty units.

(4) A person contravenes this subsection if:

(a) the person is required to give a written notice under rules

made for the purposes of paragraph 59(2)(a) or (c); and

(b) the person fails to give the notice in accordance with the

rules.

Note:

See also section 23 (about infringement notices).

Civil penalty:

60 penalty units.

18 Penalties for failure to make or keep records under the rules

(1) A person commits an offence of strict liability if:

(a) the person is required to make or keep records under the

rules; and

(b) the person fails to make or keep the records in accordance

with the rules.

Note:

See also section 23 (about infringement notices).

Penalty: 60 penalty units.

(2) A person contravenes this subsection if:

(a) the person is required to make or keep records under the

rules; and

(b) the person fails to make or keep the records in accordance

with the rules.

Note:

See also section 23 (about infringement notices).

Civil penalty:

60 penalty units.

Compliance and enforcement

Part 4

Introduction

Division 1

Section 19

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Part

4--Compliance and enforcement

Division

1--Introduction

19 Simplified outline of this Part

The Regulatory Powers Act is triggered to allow a range of

enforcement actions in relation to this Act.

Compliance officers may enter premises under a monitoring

warrant or with consent of the occupier and exercise monitoring

powers to determine whether provisions of this Act or the rules, or

certain offences that relate to this Act or the rules, have been

complied with.

Compliance officers may enter premises under an investigation

warrant or with consent of the occupier and exercise investigation

powers for the purposes of gathering material relating to

contraventions of offences against this Act, certain offences that

relate to this Act or the rules or civil penalty provisions of this Act.

A relevant court can order the payment of a civil penalty for a

contravention of a civil penalty provision of this Act.

Infringement notices can be issued for an alleged contravention of

various strict liability offences against this Act or of various civil

penalty provisions of this Act.

A court can grant an injunction restraining a person from

contravening a provision of this Act or the rules or requiring a

person to comply with a provision of this Act or the rules.

Part 4

Compliance and enforcement

Division 2

Monitoring

Section 20

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division

2--Monitoring

20 Monitoring powers

Provisions subject to monitoring

(1) A provision is subject to monitoring under Part 2 of the Regulatory

Powers Act if it is:

(a) a provision of this Act or the rules; or

(b) an offence against the

Crimes Act 1914

or the

Criminal Code

that relates to this Act or the rules.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether this Act or the rules have been complied with. It

includes powers of entry and inspection.

Information subject to monitoring

(2) Information given in compliance or purported compliance with a

provision of this Act or the rules is subject to monitoring under

Part 2 of the Regulatory Powers Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the information is correct. It includes powers of

entry and inspection.

Related provisions

(3) For the purposes of Part 2 of the Regulatory Powers Act, as that

Part applies in relation to the provisions mentioned in

subsection (1) and the information mentioned in subsection (2),

there are no related provisions.

Authorised applicant and authorised person

(4) For the purposes of Part 2 of the Regulatory Powers Act, a

compliance officer is both an authorised applicant and an

authorised person in relation to the provisions mentioned in

subsection (1) and the information mentioned in subsection (2).

Compliance and enforcement

Part 4

Monitoring

Division 2

Section 20

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Issuing officer

(5) For the purposes of Part 2 of the Regulatory Powers Act, a

magistrate is an issuing officer in relation to the provisions

mentioned in subsection (1) and the information mentioned in

subsection (2).

Relevant chief executive

(6) For the purposes of Part 2 of the Regulatory Powers Act, the

Secretary is the relevant chief executive in relation to the

provisions mentioned in subsection (1) and the information

mentioned in subsection (2).

(7) The Secretary may, in writing, delegate to an SES employee, or

acting SES employee, in the Department the Secretary's powers

and functions under Part 2 of the Regulatory Powers Act in relation

to the provisions mentioned in subsection (1) and the information

mentioned in subsection (2).

(8) A person exercising powers or performing functions under a

delegation under subsection (7) must comply with any directions of

the Secretary.

Relevant court

(9) For the purposes of Part 2 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the provisions

mentioned in subsection (1) and the information mentioned in

subsection (2):

(a) the Federal Court of Australia;

(b) the Federal Circuit and Family Court of Australia

(Division 2).

Person assisting

(10) A compliance officer may be assisted by other persons in

exercising powers or performing functions or duties under Part 2 of

the Regulatory Powers Act in relation to the provisions mentioned

in subsection (1) and the information mentioned in subsection (2).

Part 4

Compliance and enforcement

Division 2

Monitoring

Section 20

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Use of force in executing a monitoring warrant

(11) In executing a monitoring warrant under Part 2 of the Regulatory

Powers Act, as that Part applies in relation to the provisions

mentioned in subsection (1) and the information mentioned in

subsection (2):

(a) an authorised person may use such force against things as is

necessary and reasonable in the circumstances; and

(b) a person assisting the authorised person may use such force

against things as is necessary and reasonable in the

circumstances.

Extension to external Territories

(12) Part 2 of the Regulatory Powers Act, as that Part applies in relation

the provisions mentioned in subsection (1) and the information

mentioned in subsection (2), extends to each external Territory to

which this Act extends because of rules made for the purposes of

section 6 of this Act.

Compliance and enforcement

Part 4

Investigation

Division 3

Section 21

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Division

3--Investigation

21 Investigation powers

Provisions subject to investigation

(1) A provision is subject to investigation under Part 3 of the

Regulatory Powers Act if it is:

(a) an offence against this Act; or

(b) a civil penalty provision of this Act; or

Crimes Act 1914

or the

Criminal Code

that relates to this Act or the rules.

Note:

Part 3 of the Regulatory Powers Act creates a framework for

investigating whether a provision has been contravened. It includes

powers of entry, search and seizure.

Related provisions

(2) For the purposes of Part 3 of the Regulatory Powers Act, as that

Part applies in relation to evidential material that relates to a

provision mentioned in subsection (1), there are no related

provisions.

Authorised applicant and authorised person

(3) For the purposes of Part 3 of the Regulatory Powers Act, a

compliance officer is both an authorised applicant and an

authorised person in relation to evidential material that relates to a

provision mentioned in subsection (1).

Issuing officer

(4) For the purposes of Part 3 of the Regulatory Powers Act, a

magistrate is an issuing officer in relation to evidential material

that relates to a provision mentioned in subsection (1).

Part 4

Compliance and enforcement

Division 3

Investigation

Section 21

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Relevant chief executive

(5) For the purposes of Part 3 of the Regulatory Powers Act, the

Secretary is the relevant chief executive in relation to evidential

material that relates to a provision mentioned in subsection (1).

(6) The Secretary may, in writing, delegate to an SES employee, or

acting SES employe

e, in the Department the Secretary's powers

and functions under Part 3 of the Regulatory Powers Act in relation

to evidential material that relates to a provision mentioned in

subsection (1).

(7) A person exercising powers or performing functions under a

delegation under subsection (6) must comply with any directions of

the Secretary.

Relevant court

(8) For the purposes of Part 3 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to evidential

material that relates to a provision mentioned in subsection (1):

(a) the Federal Court of Australia;

(b) the Federal Circuit and Family Court of Australia

(Division 2).

Person assisting

(9) A compliance officer may be assisted by other persons in

exercising powers or performing functions or duties under Part 3 of

the Regulatory Powers Act in relation to evidential material that

relates to a provision mentioned in subsection (1).

Use of force in executing an investigation warrant

(10) In executing an investigation warrant under Part 3 of the

Regulatory Powers Act, as that Part applies in relation to evidential

material that relates to a provision mentioned in subsection (1):

(a) an authorised person may use such force against things as is

necessary and reasonable in the circumstances; and

Compliance and enforcement

Part 4

Investigation

Division 3

Section 21

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

(b) a person assisting the authorised person may use such force

against things as is necessary and reasonable in the

circumstances.

Extension to external Territories

(11) Part 3 of the Regulatory Powers Act, as that Part applies in relation

a provision mentioned in subsection (1), extends to each external

Territory to which this Act extends because of rules made for the

purposes of section 6 of this Act.

Part 4

Compliance and enforcement

Division 4

Civil penalty provisions

Section 22

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division

4--Civil penalty provisions

22 Civil penalty provisions

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the

Secretary is an authorised applicant in relation to the civil penalty

provisions of this Act.

(3) The Secretary may, in writing, delegate to an SES employee, or

acting SES employee, in the Department the

Secretary's

powers

under Part 4 of the Regulatory Powers Act in relation to the civil

penalty provisions of this Act.

(4) A person exercising powers under a delegation under

subsection (3) must comply with any directions of the Secretary.

Relevant court

(5) For the purposes of Part 4 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the civil

penalty provisions of this Act:

(a) the Federal Court of Australia;

(b) the Federal Circuit and Family Court of Australia

(Division 2).

Liability of Crown

(6) Part 4 of the Regulatory Powers Act, as that Part applies in relation

to the civil penalty provisions of this Act, does not make the

Compliance and enforcement

Part 4

Civil penalty provisions

Division 4

Section 22

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Crown liable to be subject to civil proceedings for a contravention

of a civil penalty provision.

Extension to external Territories

(7) Part 4 of the Regulatory Powers Act, as that Part applies in relation

to the civil penalty provisions of this Act, extends to each external

Territory to which this Act extends because of rules made for the

purposes of section 6 of this Act.

Part 4

Compliance and enforcement

Division 5

Infringement notices

Section 23

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division

5--Infringement notices

23 Infringement notices

Provisions subject to an infringement notice

(1) The following provisions are subject to an infringement notice

under Part 5 of the Regulatory Powers Act:

(a) subsection 17(1), (2), (3) or (4);

(b) subsection 18(1) or (2);

(d) subsection 47(1), (3), (5) or (8).

Note:

Part 5 of the Regulatory Powers Act creates a framework for using

infringement notices in relation to provisions.

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, a

compliance officer is an infringement officer in relation to the

provisions mentioned in subsection (1).

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the

Secretary is the relevant chief executive in relation to the

provisions mentioned in subsection (1).

(4) The Secretary may, in writing, delegate to an SES employee, or

acting SES employee, in the Department the

Secretary's

powers

and functions under Part 5 of the Regulatory Powers Act in relation

to the provisions mentioned in subsection (1).

(5) A person exercising powers or performing functions under a

delegation under subsection (4) must comply with any directions of

the Secretary.

Compliance and enforcement

Part 4

Infringement notices

Division 5

Section 23

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Liability of Crown

(6) Part 5 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), does not make the

Crown liable to be given an infringement notice.

Extension to external Territories

(7) Part 5 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), extends to each

external Territory to which this Act extends because of rules made

for the purposes of section 6 of this Act.

Part 4

Compliance and enforcement

Division 6

Injunctions

Section 24

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division

6--Injunctions

24 Injunctions

Enforceable provisions

(1) The provisions of this Act and the rules are enforceable under

Part 7 of the Regulatory Powers Act.

Note:

Part 7 of the Regulatory Powers Act creates a framework for using

injunctions to enforce provisions.

Authorised person

(2) For the purposes of Part 7 of the Regulatory Powers Act, the

Secretary is an authorised person in relation to the provisions

mentioned in subsection (1).

(3) The Secretary may, in writing, delegate to an SES employee, or

acting SES employee, in the Department the Secretary's powers

under Part 7 of the Regulatory Powers Act in relation to the

provisions mentioned in subsection (1).

(4) A person exercising powers under a delegation under

subsection (3) must comply with any directions of the Secretary.

Relevant court

(5) For the purposes of Part 7 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the provisions

mentioned in subsection (1):

(a) the Federal Court of Australia;

(b) the Federal Circuit and Family Court of Australia

(Division 2).

Extension to external Territories

(6) Part 7 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), extends to each

external Territory to which this Act extends because of rules made

for the purposes of section 6 of this Act.

Information management

Part 5

Introduction

Division 1

Section 25

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Part

5--Information management

Division

1--Introduction

25 Simplified outline of this Part

The Secretary may require from a person information or

documents relevant to the operation of this Act or the rules.

Entrusted persons can use or disclose information (referred to as

relevant levy/charge information) in accordance with this Act.

Entrusted persons may commit an offence or contravene a civil

penalty provision if they use or disclose protected information

other than in accordance with this Act.

Part 5

Information management

Division 2

Information gathering

Section 26

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division

2--Information gathering

26 Secretary may require information or documents

(1) The Secretary may, by notice in writing given to a person, require

the person, within the period and in the manner specified in the

notice, to give the Secretary any information, or produce to the

Secretary any documents, specified in the notice that are relevant

to the operation of this Act or the rules.

(2) The period specified in the notice must be at least 14 days after the

day the notice is given.

(3) A notice under subsection (1) must set out the effect of the

following provisions:

(a) subsections (4) and (5) (about an offence or civil penalty for

failing to comply with the notice);

(b) subsections 47(3) and (5) (about a civil penalty for giving

false or misleading information or documents);

Criminal Code

(about an offence for

giving false or misleading information);

(d) section 137.2 of the

Criminal Code

(about an offence for

producing false or misleading documents).

Offence

(4) A person commits an offence of strict liability if:

(a) the person is given a notice under subsection (1); and

(b) the person fails to comply with the notice.

Note:

See also section 23 (about infringement notices).

Penalty: 60 penalty units.

Civil penalty

(5) A person contravenes this subsection if:

(a) the person is given a notice under subsection (1); and

(b) the person fails to comply with the notice.

Information management

Part 5

Information gathering

Division 2

Section 27

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Note:

See also section 23 (about infringement notices).

Civil penalty:

60 penalty units.

27 Inspection and retention of documents and provision of certified

copy of documents

Secretary may inspect and copy documents

(1) The Secretary may:

(a) inspect a document produced under subsection 26(1); and

(b) make and retain copies of the whole or a part of the

document.

Secretary may retain documents

(2) The Secretary may take possession of a document produced under

subsection 26(1), and retain it for as long as is reasonably

necessary.

Certified copy of documents

(3) The person otherwise entitled to possession of a document

produced under subsection 26(1) is entitled to be supplied, as soon

as practicable, with a copy certified by the Secretary to be a true

copy.

(4) The certified copy must be received in all courts and tribunals as

evidence as if it were the original.

(5) Until a certified copy is supplied, the Secretary must provide the

person otherwise entitled to possession of the document, or a

person authorised by that person, reasonable access to the

document for the purposes of inspecting and making copies of the

document.

Part 5

Information management

Division 3

Authorised uses and disclosures of information

Section 28

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division

3--Authorised uses and disclosures of information

Note:

Each provision in this Division that authorises the use or disclosure of information

provides an authorisation for the purposes of the

Privacy Act 1988

and other laws.

Subdivision A

Use or disclosure of relevant levy/charge

information

28 Use or disclosure for administering Acts or rules or for

agricultural research or policy development etc.

Administration of Acts or rules or monitoring compliance with this

Act or rules

(1) An entrusted person may use or disclose relevant levy/charge

information in the course of or for the purposes of:

(a) administering this Act or the rules or monitoring compliance

with this Act or the rules; or

(b) assisting another person to administer this Act or the rules or

monitor compliance with this Act or the rules; or

Primary Industries Levies and Charges

Disbursement Act 2023

or the rules under that Act; or

(d) assisting another person to administer the

Primary Industries

Levies and Charges Disbursement Act 2023

or the rules

under that Act.

Agricultural research or the development of agricultural policy

(2) An entrusted person may use or disclose relevant levy/charge

information for the purposes of agricultural research or the

development of agricultural policy or both.

Performing functions of ABARES

(3) An entrusted person who is an ABARES staff member may use or

disclose relevant levy/charge information in the course of or for the

purposes of:

Information management

Part 5

Authorised uses and disclosures of information

Division 3

Section 29

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

(a) the performance of any of the functions of the part of the

Department known as the Australian Bureau of Agricultural

and Resource Economics and Sciences; or

(b) assisting another person to perform any of those functions.

Exception

(4) Subsection (2) or (3) does not apply to the disclosure of personal

information.

29 Disclosure to Commonwealth entities

Staff members of the Australian Bureau of Statistics

(1) An entrusted person may disclose relevant levy/charge

information, or provide electronic access to relevant levy/charge

information, to a staff member of the Australian Bureau of

Statistics if the disclosure or access is for the purposes of assisting

the Bureau to perform its functions or duties or exercise its powers.

Staff members of prescribed Commonwealth entities

(2) An entrusted person may disclose relevant levy/charge

information, or provide electronic access to relevant levy/charge

information, to a staff member of a Commonwealth entity

prescribed by the rules for the purposes of this subsection if the

disclosure or access is for the purposes of assisting the entity to

undertake agricultural research or develop agricultural policy or

both.

30 Use or disclosure of information for the purposes of other Acts

(1) An entrusted person may use or disclose relevant levy/charge

information if the use or disclosure is for the purposes of the

administration of an Act (other than this Act or the

Primary

Industries Levies and Charges Disbursement Act 2023

) that is

administered by the Minister.

Note:

Section 28 deals with the administration of this Act or the

Primary

Industries Levies and Charges Disbursement Act 2023

Part 5

Information management

Division 3

Authorised uses and disclosures of information

Section 31

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Exception

information to be used for maintaining register of levy

payers or charge payers etc.

(2) Subsection (1) does not apply to the use or disclosure of relevant

levy/charge information if that information:

(a) is of a kind covered by paragraph 32(a), (b) or (c); and

(b) was obtained for the purpose of it being disclosed to, or of

access to it being provided to, a declared recipient body or a

statutory recipient body under section 32 for a purpose

covered by subsection 42(1).

31 Disclosure of information about persons giving returns and

collection agents

(1) An entrusted person may disclose the following information, or

provide electronic access to the following information, to a person

or body covered by subsection (2):

(a) the name and contact details of a person or body who has

given a return under the rules;

(b) the name and contact details of a collection agent who, under

the rules, is or was liable to pay an amount as mentioned in

paragraph 10(1)(a).

(2) This subsection covers the following:

(a) a body that receives money under the

Primary Industries

Levies and Charges Disbursement Act 2023

;

(b) an industry body that is representative of levy payers or

charge payers or of collection agents;

force under this section.

Approvals

(3) A person or body may, in writing, make a request to the Secretary

for an approval under subsection (4).

(4) If a person or body makes a request under subsection (3), the

Secretary must, in writing, grant the person or body an approval or

refuse to grant the person or body an approval.

Information management

Part 5

Authorised uses and disclosures of information

Division 3

Section 31

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

(5) If the Secretary grants the person or body an approval, the

Secretary must give the person or body a copy of the approval.

(6) If the Secretary refuses to grant the person or body an approval, the

Secretary must give the person or body written notice of the refusal

and of the reasons for the refusal.

(7) An approval under subsection (4) is not a legislative instrument.

Use of information

(8) If a person or body receives, or is provided access to, information

under subsection (1), the person or body may use the information

for:

(a) consulting persons on possible changes to provisions of

regulations made under:

(i) the

Primary Industries (Excise) Levies Act 2023

; or

(ii) the

Primary Industries (Customs) Charges Act 2023

; or

(iii) the

Primary Industries (Services) Levies Act 2023

; or

(b) consulting persons on possible changes to provisions of rules

made under this Act.

(9) In addition, if a body covered by paragraph (2)(a) receives, or is

provided access to, information under subsection (1), the body may

use the information for the purpose of:

(a) performing any of

the body's

functions under a law of the

Commonwealth; or

(b) performing any of

the body'

s obligations under a contract,

deed of agreement or other agreement between the

Commonwealth and the body.

(10) In addition, if a body covered by paragraph (2)(b) receives, or is

provided access to, information under subsection (1), the body may

use the information for the purpose of:

(a) performing any of

the body's

functions under an Act

mentioned in paragraph (8)(a); or

(b) performing any of

the body's

obligations under a contract,

deed of agreement or other agreement between the

Commonwealth and the body.

Part 5

Information management

Division 3

Authorised uses and disclosures of information

Section 32

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

32 Disclosure of information to be used for maintaining register of

levy payers or charge payers etc.

An entrusted person may disclose the following information, or

provide electronic access to the following information, to a

declared recipient body or a statutory recipient body:

(a) the name, contact details, ABN (if any) and ACN (if any) of

any person who has paid, or is or was liable to pay, levy or

charge in relation to a collection commodity/service;

(b) details relating to the amount of levy or charge that the

person has paid, or is or was liable to pay, in relation to that

collection commodity/service;

product, fungus product or algal product

any details

prescribed by the rules for the purposes of this paragraph,

being details that relate to the production or processing of

that product.

Note 1:

This section applies separately for each collection commodity/service

in respect of which a person has paid, or is or was liable to pay, levy

or charge.

Note 2:

For provisions about the use or disclosure of the information by the

declared recipient body or statutory recipient body, see Subdivision B.

33 Disclosure for the purposes of law enforcement

(1) An entrusted person may disclose relevant levy/charge information

to a body covered by subsection (2) if:

(a) the entrusted person reasonably believes that disclosing the

information is necessary for:

(i) the enforcement of the criminal law; or

(ii) the enforcement of a law imposing a pecuniary penalty;

(iii) the protection of public revenue; and

(b) the functions of the body include that enforcement or

protection; and

the body

has undertaken not to use or further disclose the information

except in accordance with an agreement that:

Information management

Part 5

Authorised uses and disclosures of information

Division 3

Section 34

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

(i) is in force between the Commonwealth and the State or

Territory; and

(ii) applies in relation to the information; and

(d) for a body mentioned in paragraph (2)(b) or (d)

the

entrusted person is satisfied that the information will be used

or further disclosed only in accordance with the agreement.

(2) This subsection covers the following bodies:

(a) a Commonwealth entity;

(b) a State or Territory body;

(d) the police force or police service of a State or Territory.

34 Disclosure to State or Territory body

The Secretary may disclose relevant levy/charge information to a

State or Territory body if:

(a) the Secretary reasonably believes that disclosing the

information is necessary for the purposes of the

administration of a law of a State or Territory; and

(b) the State or Territory body has undertaken not to use or

further disclose the information except in accordance with an

agreement that:

(i) is in force between the Commonwealth and the State or

Territory; and

(ii) applies in relation to the information; and

further disclosed only in accordance with the agreement.

35 Disclosure to a court, tribunal etc.

(1) An entrusted person may disclose relevant levy/charge information

to a court exercising federal jurisdiction.

(2) An entrusted person may disclose relevant levy/charge information

to:

(a) a court; or

Part 5

Information management

Division 3

Authorised uses and disclosures of information

Section 36

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

(b) a tribunal, authority or person that has the power to require

the answering of questions or the production of documents;

for the purposes of the enforcement of a law of the Commonwealth

or to assist the court, tribunal, authority or person to make or

review an administrative decision that is required or authorised to

be made or reviewed under a law of the Commonwealth.

36 Use or disclosure of statistics

An entrusted person may use or disclose relevant levy/charge

information if the information is statistics that are not likely to

enable the identification of a person.

37 Use or disclosure of publicly available information

An entrusted person may use or disclose relevant levy/charge

information if the information has already been lawfully made

available to the public.

38 Disclosure to person to whom information relates

An entrusted person may disclose relevant levy/charge information

to the person to whom the information relates.

39 Use or disclosure with consent

An entrusted person may use or disclose relevant levy/charge

information that relates to a person if:

(a) the person has consented to the use or disclosure; and

(b) the use or disclosure is in accordance with that consent.

40 Disclosure to person who provided information

An entrusted person may disclose relevant levy/charge information

to the person who provided the information.

41 Use or disclosure authorised by rules

(1) A person may use relevant levy/charge information if:

Information management

Part 5

Authorised uses and disclosures of information

Division 3

Section 42

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

(a) the person is included in a class of persons prescribed by

rules made for the purposes of this paragraph; and

(b) the use is for a purpose prescribed by rules made for the

purposes of this paragraph; and

(d) the use complies with any conditions prescribed by rules

made for the purposes of this paragraph.

(2) A person may disclose relevant levy/charge information if:

(a) the person is included in a class of persons prescribed by

rules made for the purposes of this paragraph; and

(b) the disclosure is for a purpose prescribed by rules made for

the purposes of this paragraph; and

purposes of this paragraph; and

(d) the disclosure complies with any conditions prescribed by

rules made for the purposes of this paragraph.

(3) Rules made for the purposes of this section must specify the

legislative power or powers of the Parliament in respect of which

the rules are made.

(4) The other provisions of this Subdivision do not limit the rules that

may be made for the purposes of this section.

Subdivision B

Secondary use or disclosure for declared

recipient bodies or statutory recipient bodies

42 Secondary use of information for maintaining register of levy

payers or charge payers etc.

(1) If a declared recipient body or a statutory recipient body receives,

or is provided access to, information under section 32, the body

may use the information for any of the following purposes:

(a) to maintain a register of levy payers or charge payers;

(b) to maintain a register of those persons eligible to vote in any

poll conducted by, or on behalf of, the body;

Part 5

Information management

Division 3

Authorised uses and disclosures of information

Section 43

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Commonwealth;

(d) in performing any of its obligations under a contract, deed of

agreement or other agreement between the Commonwealth

and the body;

(e) for a declared recipient body

to determine whether a person

is, or remains eligible to be, a member or shareholder of the

body.

(2) A declared recipient body or a statutory recipient body commits an

offence if:

(a) the body receives, or is provided access to, information under

section 32; and

(b) the body uses that information; and

this section.

Penalty: 240 penalty units.

43 Secondary disclosure of statistics or of information to approved

person or body

(1) If a declared recipient body or a statutory recipient body receives,

or is provided access to, information under section 32, the body

may:

(a) disclose the information to the public to the extent that the

information is statistics that are not likely to enable the

identification of a person; or

(b) disclose the information to another person or body that is

specified in an approval in force under section 44.

(2) A declared recipient body or a statutory recipient body commits an

offence if:

(a) the body receives, or is provided access to, information under

section 32; and

(b) the body discloses that information; and

this section.

Information management

Part 5

Authorised uses and disclosures of information

Division 3

Section 44

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Penalty: 240 penalty units.

44 Approvals for secondary disclosure by declared recipient bodies

or statutory recipient bodies

(1) A declared recipient body or a statutory recipient body may, in

writing, make a request to the Secretary for an approval under

subsection (3).

(2) The declared recipient body or statutory recipient body may make

a request under subsection (1) only if the request is for information

to be disclosed to another person or body for the purpose of the

information being used:

(a) for a research and development activity; or

(b) for marketing activities; or

(d) for National Residue Survey purposes; or

(e) in connection with any activity carried out, or proposed to be

carried out, by the declared recipient body or statutory

recipient body for the benefit of levy payers or charge payers

in relation to collection commodities/services of a particular

kind.

(3) If a declared recipient body or statutory recipient body makes a

request under subsection (1), the Secretary must, in writing, grant

the body an approval or refuse to grant the body an approval.

(4) An approval must specify a person or body for the purposes of

paragraph 43(1)(b).

(5) A condition of an approval is that the declared recipient body or

statutory recipient body may disclose the information only to the

person or body so specified and only for a purpose specified in the

approval. The purpose must be one covered by subsection (2).

(6) The Secretary may grant an approval subject to any other

conditions specified in the approval.

Part 5

Information management

Division 3

Authorised uses and disclosures of information

Section 44

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

(7) If the Secretary grants the declared recipient body or statutory

recipient body an approval, the Secretary must give that body a

copy of the approval.

(8) If the Secretary refuses to grant the declared recipient body or

statutory recipient body an approval, the Secretary must give that

body written notice of the refusal and of the reasons for the refusal.

(9) An approval under subsection (3) is not a legislative instrument.

Civil penalty

(10) A declared recipient body or a statutory recipient body contravenes

this subsection if:

(a) an approval granted to the body under subsection (3) is in

force; and

(b) the approval is subject to a condition; and

(d) the act or omission breaches the condition.

Civil penalty:

60 penalty units.

Information management

Part 5

Protected information

Division 4

Section 45

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Division

4--Protected information

45 Offence and civil penalty

use or disclosure of protected

information

Offence

(1) A person commits an offence if:

(a) the person is, or has been, an entrusted person; and

(b) the person has obtained or generated information in the

course of or for the purposes of:

(i) administering this Act or the rules or monitoring

compliance with this Act or the rules; or

(ii) assisting another person to administer this Act or the

rules or monitor compliance with this Act or the rules;

and

(d) the person uses or discloses the information.

Penalty: Imprisonment for 12 months.

Civil penalty

(2) A person contravenes this subsection if:

(a) the person is, or has been, an entrusted person; and

(b) the person has obtained or generated information in the

course of or for the purposes of:

(i) administering this Act or the rules or monitoring

compliance with this Act or the rules; or

(ii) assisting another person to administer this Act or the

rules or monitor compliance with this Act or the rules;

and

(d) the person uses or discloses the information.

Civil penalty:

60 penalty units.

Part 5

Information management

Division 4

Protected information

Section 45

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Protected information

(3) For the purposes of subsections (1) and (2), this subsection covers

information (including commercially sensitive information) the

disclosure of which could reasonably be expected to found an

action by a person (other than the Commonwealth) for breach of a

duty of confidence.

Exception

required or authorised by law

(4) Subsection (1) or (2) does not apply if the use or disclosure of the

information is required or authorised by:

(a) this Act or another law of the Commonwealth; or

(b) a law of a State or Territory prescribed by rules made for the

purposes of this paragraph.

Note:

A defendant bears an evidential burden in relation to the matters in

this subsection (see subsection 13.3(3) of the

Criminal Code

and

section 96 of the Regulatory Powers Act).

Exception

good faith

(5) Subsection (1) or (2) does not apply if the person uses or discloses

the information in good faith:

(a) in the purported administering of this Act or the rules or

purported monitoring of compliance with this Act or the

rules; or

(b) in assisting another person in the purported administering of

this Act or the rules or purported monitoring of compliance

with this Act or the rules.

Note:

A defendant bears an evidential burden in relation to the matters in

this subsection (see subsection 13.3(3) of the

Criminal Code

and

section 96 of the Regulatory Powers Act).

Other matters

Part 6

Introduction

Division 1

Section 46

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Part

6--Other matters

Division

1--Introduction

46 Simplified outline of this Part

This Part deals with various matters, such as civil penalties for

false or misleading information or documents, reconsideration and

review of decisions, self-incrimination, the appointment of

compliance officers, delegation by the Secretary and the making of

rules by the Secretary.

Part 6

Other matters

Division 2

Civil penalty provisions for false or misleading information or documents

Section 47

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division

2--Civil penalty provisions for false or misleading

information or documents

47 Civil penalty provisions for false or misleading information or

documents

Returns

(1) A person contravenes this subsection if:

(a) the person gives a return under the rules; and

(b) the person does so knowing that the return is false or

misleading.

Note:

See also section 23 (about infringement notices).

Civil penalty:

60 penalty units.

(2) Subsection (1) does not apply if the return is not false or

misleading in a material particular.

Note:

A defendant bears an evidential burden in relation to the matter in this

subsection (see section 96 of the Regulatory Powers Act).

Other documents

(3) A person contravenes this subsection if:

(a) the person produces a document to the Secretary in

compliance or purported compliance with a requirement

under subsection 26(1); and

(b) the person does so knowing that the document is false or

misleading.

Note:

See also section 23 (about infringement notices).

Civil penalty:

60 penalty units.

(4) Subsection (3) does not apply if the document is not false or

misleading in a material particular.

Note:

A defendant bears an evidential burden in relation to the matter in this

subsection (see section 96 of the Regulatory Powers Act).

Other matters

Part 6

Civil penalty provisions for false or misleading information or documents

Division 2

Section 47

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Information

(5) A person contravenes this subsection if:

(a) the person gives information to the Secretary in compliance

or purported compliance with a requirement under subsection

26(1); and

(b) the person does so knowing that the information:

(i) is false or misleading; or

(ii) omits any matter or thing without which the information

is misleading.

Note:

See also section 23 (about infringement notices).

Civil penalty:

60 penalty units.

(6) Subsection (5) does not apply as a result of subparagraph (5)(b)(i)

if the information is not false or misleading in a material particular.

Note:

A defendant bears an evidential burden in relation to the matter in this

subsection (see section 96 of the Regulatory Powers Act).

(7) Subsection (5) does not apply as a result of subparagraph (5)(b)(ii)

if the information did not omit any matter or thing without which

the information is misleading in a material particular.

Note:

A defendant bears an evidential burden in relation to the matter in this

subsection (see section 96 of the Regulatory Powers Act).

Application for return exemption

(8) A person contravenes this subsection if:

(a) the person makes a statement (whether orally, in a document

or in any other way) in, or in connection with, an application

made under rules made for the purposes of paragraph

59(2)(e); and

(b) the person does so knowing that the statement:

(i) is false or misleading; or

(ii) omits any matter or thing without which the statement is

misleading.

Note:

See also section 23 (about infringement notices).

Civil penalty:

60 penalty units.

Part 6

Other matters

Division 2

Civil penalty provisions for false or misleading information or documents

Section 47

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

(9) Subsection (8) does not apply as a result of subparagraph (8)(b)(i)

if the statement is not false or misleading in a material particular.

Note:

A defendant bears an evidential burden in relation to the matter in this

subsection (see section 96 of the Regulatory Powers Act).

(10) Subsection (8) does not apply as a result of subparagraph (8)(b)(ii)

if the statement did not omit any matter or thing without which the

statement is misleading in a material particular.

Note:

A defendant bears an evidential burden in relation to the matter in this

subsection (see section 96 of the Regulatory Powers Act).

Other matters

Part 6

Reconsideration and review of decisions

Division 3

Section 48

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

Division

3--Reconsideration and review of decisions

48 Internal reconsideration of decisions

(1) A person (the

aggrieved person

) whose interests are affected by a

decision of the following kind may request the Secretary to

reconsider the decision:

(a) a decision of the Secretary to refuse to remit an amount that a

person is liable to pay by way of penalty under section 9 or

11;

(b) a decision of the Secretary under subsection 31(4) to grant, or

to refuse to grant, a person or body an approval;

to refuse to grant, a body an approval;

(d) a decision of the Secretary to specify conditions in an

approval granted under subsection 44(3);

(e) a decision of the Secretary under subsection 53(4);

(f) a decision prescribed by the rules for the purposes of this

paragraph.

(2) Subsection (1) does not apply to a reviewable decision that is made

by the Secretary personally.

Form and timing of request

(3) The aggrieved person must make the request in writing:

(a) for a reviewable decision covered by paragraph (1)(a), (b),

(c), (d) or (e)

before the end of the period of 28 days

beginning on the day on which that person is notified of the

reviewable decision; or

(b) for a reviewable decision covered by paragraph (1)(f)

before the end of the period prescribed by the rules.

However, if the Secretary allows a longer period for making the

request, that person must make the request in writing before the

end of that longer period.

Part 6

Other matters

Division 3

Reconsideration and review of decisions

Section 48

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Reasons for request

(4) The aggrieved person must set out in the request the reasons for the

request.

Review of decision

(5) On receiving a request made in accordance with subsections (3)

and (4), the Secretary must either:

(a) reconsider the reviewable decision personally; or

(b) cause the reviewable decision to be reconsidered by a person

(the

internal reviewer

(i) who was not involved in making that decision; and

(ii) who is an SES employee, or acting SES employee, in

the Department or an APS employee in the Department

who holds, or is acting in, an Executive Level 2

position; and

(iii) who occupies a position senior to the person who made

that decision.

(6) The Secretary or internal reviewer:

(a) must affirm, vary or set aside the reviewable decision; and

(b) if the Secretary or the internal reviewer sets aside the

reviewable decision

may make such other decision as the

Secretary or the internal reviewer thinks appropriate.

(7) The Secretary or internal reviewer must do so before the end of:

(a) the period of 45 days beginning on the day the Secretary

receives the request, unless paragraph (b) applies; or

(b) if the aggrieved person and the Secretary or internal reviewer

agree on a longer period

that longer period.

Notice of decision on reconsideration

(8) The Secretary or internal reviewer must give the aggrieved person

writte

n notice of the Secretary's or internal reviewer's decision on

reconsideration and of the reasons for that decision.

Note:

Section 27A of the

Administrative Appeals Tribunal Act 1975

requires

the person to be notified of the person's review rights.

Other matters

Part 6

Reconsideration and review of decisions

Division 3

Section 49

No. , 2023

Primary Industries Levies and Charges Collection Bill 2023

When decision on reconsideration takes effect

(9)

The Secretary's or internal reviewer's

decision on reconsideration

takes effect:

(a) on the day specified in the notice; or

(b) if a day is not specified

on the day on which that decision is

made.

Secretary or internal reviewer may be taken to have affirmed

decision

(10) The Secretary or internal reviewer is taken to have made a decision

affirming the decision under reconsideration if the Secretary or

internal reviewer has not notified the aggrieved person of the

Secretary's or internal reviewer's decision on reconsideration

before the end of the period applicable under subsection (7).

49 Administrative Appeals Tribunal review of decisions

Applications may be made to the Administrative Appeals Tribunal

for review of the following decisions:

(a) a reviewable decision that is made by the Secretary

personally;

(b) a decision under subsection 48(6) that is made, or a decision

under subsection 48(10) that is taken to have been made, by

the Secretary or internal reviewer.

Part 6

Other matters

Division 4

Self-incrimination and court orders

Section 50

Primary Industries Levies and Charges Collection Bill 2023

No. , 2023

Division

4--Self

incrimination and court orders

50 Self-incrimination etc.

(1) An individual is not excused from giving a return or notice under

the rules, or giving information or producing a document under

section 26, on the ground that giving the return or notice, or giving

the information or producing the document, might tend to

incriminate the individual in relation to an offence.

Note:

A body corporate is not entitled to claim the privilege against

self-incrimination.

(2) However:

(a) the return, notice or information given or document

produced; and

(b) the giving of the return, notice or information or the

production of the document; and

indirect consequence of the giving of the return, notice or

information or the production of the document;

are not admissible in evidence against the individual in criminal

proceedings, other than:

(d) proceedings for an offence against section 17 or 26; or

(e) proceedings for an offence against section 137.1 or 137.2 of

the

Criminal Code

that relates to this Act or the rules.

(3) If, at general law, an individual would otherwise be able to claim

the privilege against self-exposure to a penalty (other than a

penalty for an offence) in relation to:

(a) giving a return or notice under the rules; or

(b) giving information or producing a document under

section 26;

the individual is not excused from giving the return or notice, or

giving the information or producing the document, on that ground.

Note:

A body corporate is not entitled to claim the privilege against

self-exposure to a penalty.

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Division

5--Other provisions

52 Appointment of compliance officers

The Secretary may, in writing, appoint an APS employee in the

Department, or each APS employee in the Department included in

a specified class of APS employees in the Department, to be a

compliance officer for the purposes of this Act.

Note:

Compliance officers have powers and functions under the Regulatory

Powers Act in relation to the enforcement of this Act: see Part 4.

53 Secretary may arrange for use of computer programs to make

decisions

(1)

The Secretary may arrange for the use, under the Secretary's

control, of computer programs for any purposes for which the

Secretary may, under this Act or the rules, make a decision of a

kind specified in the rules for the purposes of this subsection.

(2) The Secretary must take all reasonable steps to ensure that each

decision made by the operation of a computer program under an

arrangement made under subsection (1) is a decision that the

Secretary could validly make under this Act or the rules.

Decision made by computer taken to be Secretary's decision

(3) For the purposes of this Act, a decision made by the operation of a

computer program under an arrangement made under

subsection (1) is taken to be a decision made by the Secretary.

Secretary may substitute a decision

(4) The Secretary may make a decision in substitution for a decision

the Secretary is taken to have made under subsection (3) if the

Secretary is satisfied that the decision made by the operation of the

computer program is not the correct or preferable decision.

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Primary Industries Levies and Charges Collection Bill 2023

Arrangement not a legislative instrument

(5) If an arrangement under subsection (1) is made in writing, the

arrangement is not a legislative instrument.

54 Delegation by Secretary

SES employees or acting SES employees

(1) The Secretary may, in writing, delegate to an SES employee, or

acting SES employee, in the Department all or any of the

Secretary's functions or powers under this Ac

t or the rules, other

than those under subsection 53(1) or (2) or section 59.

Executive Level 2 employees

(2) The Secretary may, in writing, delegate to an APS employee in the

Department who holds, or is acting in, an Executive Level 2

position all or any

of the Secretary's functions or powers under this

Act or the rules, other than those under section 52, 53, 55 or 59.

Other APS employees

(3) The Secretary may, in writing, delegate to an APS employee in the

Department (except one mentioned in subsection (1) or (2)) all or

any of the Secretary's functions or powers under this Act or the

rules, other than those under section 48, 52, 53, 55 or 59.

Directions to delegate

(4) A delegate must comply with any directions of the Secretary in

performing a function or exercising a power under a delegation.

55 Electronic system for giving returns or information

(1) The Secretary may establish, administer and maintain an electronic

system for the purpose of the giving of returns or information

electronically under the rules.

(2) Without limiting subsection (1), the Secretary may provide for the

electronic system to:

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(a) require information (including personal information) to be

included in returns given electronically under the rules; and

(b) require different information to be included in returns given

electronically under the rules in relation to different

collection commodities/services or to different periods.

56 Treatment of partnerships

(1) This Act and the rules apply to a partnership as if it were a person,

but with the changes set out in this section.

(2) An obligation that would otherwise be imposed on the partnership

by this Act or the rules is imposed on each partner instead, but may

be discharged by any of the partners.

(3) If this Act or the rules would otherwise permit something to be

done by the partnership, the thing may be done by one or more of

the partners on behalf of the partnership.

(4) An offence against this Act that would otherwise have been

committed by the partnership is taken to have been committed by

each partner in the partnership, at the time the offence was

committed, who:

(a) did the relevant act or made the relevant omission; or

(b) aided, abetted, counselled or procured the relevant act or

omission; or

relevant act or omission (whether directly or indirectly and

whether by any act or omission of the partner).

(5) A civil penalty provision of this Act that would otherwise have

been contravened by the partnership is taken to have been

contravened by each partner in the partnership, at the time the

provision was contravened, who:

(a) did the relevant act or made the relevant omission; or

(b) aided, abetted, counselled or procured the relevant act or

omission; or

relevant act or omission (whether directly or indirectly and

whether by any act or omission of the partner).

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Primary Industries Levies and Charges Collection Bill 2023

(6) For the purposes of this Act and the rules, a change in the

composition of a partnership does not affect the continuity of the

partnership.

57 Treatment of trusts

(1) This Act and the rules apply to a trust as if it were a person, but

with the changes set out in this section.

Trusts with a single trustee

(2) If the trust has a single trustee:

(a) an obligation that would otherwise be imposed on the trust by

this Act or the rules is imposed on the trustee instead; and

(b) if this Act or the rules would otherwise permit something to

be done by the trust, the thing may be done by the trustee;

and

committed by the trust is taken to have been committed by

the trustee; and

(d) a civil penalty provision of this Act that would otherwise

have been contravened by the trust is taken to have been

contravened by the trustee.

Trusts with multiple trustees

(3) If the trust has 2 or more trustees:

(a) an obligation that would otherwise be imposed on the trust by

this Act or the rules is imposed on each trustee instead, but

may be discharged by any of the trustees; and

(b) if this Act or the rules would otherwise permit something to

be done by the trust, the thing may be done by one or more of

the trustees on behalf of the trust; and

committed by the trust is taken to have been committed by

each trustee of the trust, at the time the offence was

committed, who:

(i) did the relevant act or made the relevant omission; or

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(ii) aided, abetted, counselled or procured the relevant act or

omission; or

(iii) was in any way knowingly concerned in, or party to, the

relevant act or omission (whether directly or indirectly

and whether by any act or omission of the trustee); and

(d) a civil penalty provision of this Act that would otherwise

have been contravened by the trust is taken to have been

contravened by each trustee of the trust, at the time the

provision was contravened, who:

(i) did the relevant act or made the relevant omission; or

(ii) aided, abetted, counselled or procured the relevant act or

omission; or

(iii) was in any way knowingly concerned in, or party to, the

relevant act or omission (whether directly or indirectly

and whether by any act or omission of the trustee).

58 Treatment of unincorporated bodies or associations

(1) This Act and the rules apply to an unincorporated body or

association as if it were a person, but with the changes set out in

this section.

(2) An obligation that would otherwise be imposed on the body or

association by this Act or the rules is imposed on each member of

the body's or association's committee of management instead, but

may be discharged by any of the members.

(3) If this Act or the rules would otherwise permit something to be

done by the body or association, the thing may be done by one or

more of the members of the body's or association's committee of

management on behalf of the body or association.

(4) An offence against this Act that would otherwise have been

committed by the body or association is taken to have been

committed by

each member of the body's or association's

committee of management, at the time the offence was committed,

who:

(a) did the relevant act or made the relevant omission; or

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Primary Industries Levies and Charges Collection Bill 2023

(b) aided, abetted, counselled or procured the relevant act or

omission; or

relevant act or omission (whether directly or indirectly and

whether by any act or omission of the member).

(5) A civil penalty provision of this Act that would otherwise have

been contravened by the body or association is taken to have been

contravened by each member of the committee of management of

the body or association, at the time the provision was contravened,

who:

(a) did the relevant act or made the relevant omission; or

(b) aided, abetted, counselled or procured the relevant act or

omission; or

relevant act or omission (whether directly or indirectly and

whether by any act or omission of the member).

59 Rules

Rules for better securing the payment of levy or charge

(1) For better securing the payment of levy or charge imposed in

relation to collection commodities/services, the Secretary may, by

legislative instrument, make rules prescribing matters:

(a) required or permitted by this Act to be prescribed by the

rules; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

(2) The rules may make provision for and in relation to the following:

(a) requiring levy payers, charge payers, collection agents or

other persons to give returns or written notices for the

purposes of this Act or the rules;

(b) requiring persons to make and keep records in relation to

collection commodities/services;

written notices, if they consider that an exemption from levy

or charge applies;

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(d) authorising persons who are liable to pay an amount as

mentioned in paragraph 10(1)(a) to request information from

other persons in connection with completing a return or

making records;

(e) authorising persons to make applications for exemptions

from the requirement to give returns for particular periods.

(3) Without limiting paragraph (2)(a), the rules may provide for

returns:

(a) to be in the approved form and to include the information

required by the form; or

(b) to be given electronically using an approved electronic

system and to include the information required by that system

to be included in returns so given.

The information covered by paragraph (a) or (b) may include

personal information.

Instruments

(4) The rules may make provision in relation to a matter by conferring

on the Minister or the Secretary a power to make a legislative

instrument, a notifiable instrument or other written instrument.

Incorporation of other instruments

(5) Despite subsection 14(2) of the

Legislation Act 2003

, the rules may

make provision in relation to a matter by applying, adopting or

incorporating, with or without modification, any matter contained

in an instrument or other writing as in force or existing from time

to time.

Decisions of administrative character

(6) The rules may make provision in relation to a matter by conferring

on the Minister or the Secretary a power to make a decision of an

administrative character.

No limit on subsection (1)

(7) Subsections (2) to (6) do not limit subsection (1).

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Primary Industries Levies and Charges Collection Bill 2023

Limitation

(8) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

Commonwealth of Australia Bills

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION BILL 2023