Commonwealth Numbered Acts

DAIRY PRODUCE ACT 1986 No. 54 of 1986 - SECT 70

70. (1) Where-

   (a)  an amount of a dairy products levy is refunded under sub-section 9 (2)
        of the first Levy Act in respect of-

        (i)    dairy products that have been exported from Australia; or

        (ii)   dairy products that have been used in the production of other
products (in this sub-section referred to as the "mixed products") that have
been exported from Australia;
(b) the person (in this sub-section referred to as the "producer") to whom the
refund is made was not the owner of the dairy products or the mixed products,
as the case may be, immediately before those dairy products or those
mixed products were exported; and

   (c)  an amount equal to the amount of dairy products levy so refunded has
        not already been paid by the producer to the person who was the owner
        of those dairy products or those mixed products immediately before
        they were so exported or set off by that last-mentioned person against
        money payable by that last-mentioned person to the producer, the
        producer shall pay to the person who was the owner of those dairy
        products or those mixed products immediately before they were so
        exported an amount equal to the amount of dairy products levy so
        refunded.

(2) A person to whom an amount is payable by another person under sub-section
(1) may recover that amount from that other person as a debt due to the
first-mentioned person from that other person.