Commonwealth Numbered Acts

BARLEY RESEARCH LEVY ACT 1980 No. 169 of 1980 - SECT 4

4. (1) In this Act, unless the contrary intention appears-

"grower", in relation to any barley, means-

   (a)  except where paragraph (b) applies-the person who owns the barley
        immediately after it is harvested; or

   (b)  where, under a marketing law, the barley vests in a board or authority
        at or before the time when it is harvested-the person who would have
        owned the barley at that time but for that law;



"growers organization" means the organization known as the Australian
Wheatgrowers' Federation or, if another organization is, for the time being,
prescribed for the purposes of this definition, that other organization;



"levy" means levy imposed by this Act;



"marketing law" means a law of a State relating to the marketing of barley or
of primary products including barley.

(2) Where-

   (a)  a grower of any barley causes or permits the barley to be delivered to
        another person or to be taken out of his possession or control by
        another person; or

   (b)  any barley is taken out of the possession or control of the grower by
        another person in pursuance of a marketing law, the grower shall, for
        the purposes of this Act, be deemed to have delivered the barley to
        that other person.

(3) Where a grower of any barley delivers the barley to a person for carriage
(either by that person or a succession of persons commencing with that person)
to another person otherwise than for further carriage, the delivery shall, for
the purposes of this Act, be deemed to have been to the last-mentioned person.

(4) If the ownership of any barley passes from the grower of the barley to a
person in a way that does not involve, or to a number of persons in succession
in ways none of which involves, the delivery of the barley to any person, a
reference in this Act to the grower shall, in relation to the barley, be read
as a reference to that person or to the last of those persons, as the case may
be.