Commonwealth Numbered Acts

GOAT FIBRE LEVY COLLECTION ACT 1989 No. 143 of 1989 - SECT 3

3. (1) In this Act, unless the contrary intention appears:

"authorised person" means a person appointed under section 15;

"dealer" means a person who buys leviable fibre in Australia;

"deliver", in relation to leviable fibre, does not include:

   (a)  deliver for processing on behalf of its grower; or

   (b)  deliver for storage only;

"examinable document" means:

   (a)  any document relating to financial dealings between persons who
        deliver leviable fibre and persons to whom leviable fibre is
        delivered; and

   (b)  any document relating to the production, storage, carriage, delivery,
        processing, purchase, sale or export of leviable fibre;

"fibre-broker" means a person who carries on business in Australia as a goat's
fibre-selling broker;

"grower", in relation to leviable fibre, means the person who owns the fibre
immediately after it has been obtained;

"growers organisation" means:

   (a)  an organisation known, on the commencement of this Act, as:

        (i)    the Angora Mohair Breeders of Australasia Ltd; or

        (ii)   the Australian Cashmere Growers Association; or

        (iii)  the Cashgora Fibre Association of Australia; or

        (iv)   the Goat Industry Council of Australia; or

   (b)  an organisation declared by the Minister, by notice published in the
        Gazette, to be a growers organisation for the purposes of this Act;

"leviable amount", in relation to a levy year, means:

   (a)  $50; or

   (b)  if, before the commencement of the levy year, another amount is
        prescribed in relation to that year, that prescribed amount;

"levy" means an amount of levy imposed by the Goat Fibre Levy Act 1989;

"levy year" means 1990 or a later year;

"magistrate" includes a justice of the peace;

"premises" includes:

   (a)  a structure, building, aircraft, vehicle and vessel; and

   (b)  a place (whether enclosed or built upon or not); and

   (c)  a part of premises (including premises of a kind referred to in
        paragraph (a) or (b));

"processing", in relation to goat's fibre, means the de-hairing, washing,
scouring, carbonising, felting, combing, carding, spinning, weaving or
knitting of the fibre;

"Secretary" means the Secretary to the Department;

"State" includes the Australian Capital Territory and the Northern Territory.

(2) Where a grower of leviable fibre causes or permits that fibre to be
delivered to another person or allows another person to take that fibre out of
the grower's possession or control, the grower is, for the purposes of this
Act, to be taken to have delivered that fibre to the other person.

(3) Where a grower of leviable fibre delivers that fibre to a person for
carriage (either by that person or by a succession of persons commencing with
that person) to another person who does not receive the fibre for the purpose
of carrying it to a further destination, the fibre is, for the purposes of
this Act, to be taken to have been delivered to that person receiving it last.

(4) If the ownership of leviable fibre passes from the grower of the fibre to
a person or to a number of persons in succession, in a way or ways not
involving the delivery of the fibre to any person, a reference in this Act to
the grower is, in relation to that fibre, a reference to that person or to the
last of those persons, as the case may be.