Commonwealth Numbered Acts

BARLEY RESEARCH ACT 1980 No. 168 of 1980 - SECT 6

6. (1) For the better securing of the payment of levy, the purchaser of any
barley is liable to pay to the Commonwealth, on behalf of the grower, an
amount (in this section referred to as the "relevant amount") equal to any
levy on the barley that has become payable by the grower but has not been paid
to the Commonwealth by or on behalf of the grower or recovered from the grower
by the Commonwealth.

(2) For the purpose of ensuring that the purchaser of any barley is provided
with the funds necessary for the due payment, on behalf of the grower, of the
relevant amount-

   (a)  a person may, notwithstanding any law of a State or Territory to the
        contrary, refuse to take delivery of the barley unless the grower of
        the barley pays to the purchaser an amount not exceeding the
        relevant amount or the amount that may reasonably be expected to be
        the relevant amount; and

   (b)  the purchaser may, notwithstanding any law of a State or Territory or
        any agreement (whether entered into before or after the commencement
        of this Act) to the contrary, deduct from any moneys payable by him to
        the grower, or received by him on behalf of the grower, in respect of
        that barley an amount not exceeding so much of the relevant amount, or
        of the amount that may reasonably be expected to be the
        relevant amount, as has not been paid to the purchaser by the grower
        under this sub-section, and, if the purchaser is so provided with
        funds, the grower is, upon that levy becoming payable, discharged from
        liability to pay that levy to the extent of the amount of the funds so
        provided, but the liability of the purchaser under sub-section (1) is
        not affected.

(3) Nothing in sub-section (2) shall be taken to authorize the refusal by a
person to take delivery of barley that is required by or under a marketing law
to be delivered to an authority established by or under that law or to an
agent of such an authority and is tendered to that person accordingly.

(4) Where, under sub-section (1), an amount in respect of levy payable by the
grower of any barley, being an amount that exceeds the amount of the funds (if
any) with which the purchaser has been provided under sub-section (2) in
respect of that levy, is paid on behalf of the grower by, or is recovered by
the Commonwealth from, the purchaser-

   (a)  the grower is, to the extent of the excess, discharged from his
        liability to the Commonwealth to pay that levy; and

   (b)  the purchaser may recover from the grower, by set-off or otherwise,
        the amount of the excess.

(5) Where the Minister is satisfied that, by reason of special circumstances,
it would be unreasonable to require the purchaser of any barley to pay, or to
pay in full, an amount payable by him under sub-section (1), the Minister may
release him in whole or in part from his liability, or, if the purchaser has
been provided with funds necessary for the due payment by him of an amount in
respect of his liability, the Minister may release him in whole or in part
from his liability to the extent that the amount of that liability exceeds the
amount of those funds but, subject to sub-section (2), such a release does not
affect any liability of the grower.

(6) In this section, a reference to levy shall be read as including a
reference to an amount that has become payable by way of penalty under
sub-section 7 (1) by reason of default in payment of that levy.