Commonwealth Numbered Acts

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GRAPE RESEARCH LEVY COLLECTION ACT 1986 No. 64 of 1986 - SECT 6

Liability of processor
6. (1) For the better securing of the payment of levy, the processor of any
leviable goods 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 leviable goods that has become payable by the grower but has not
been paid to, or recovered by, the Commonwealth.

(2) 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,
the processor of any leviable goods may, for the purpose of ensuring that the
processor is provided with the funds necessary for the due payment, on behalf
of the grower, of the relevant amount, deduct from any money payable by the
processor to the grower, or received by the processor on behalf of the grower,
in respect of those goods an amount equal to, or that may reasonably be
expected to be equal to, the relevant amount.

(3) Where a processor deducts an amount under sub-section (2), the grower is,
upon the levy becoming payable, discharged from liability to pay the levy to
the extent of the amount so deducted, but the liability of the processor under
sub-section (1) is not affected.

(4) Where an amount payable under sub-section (1) in respect of levy payable
by the grower of any leviable goods is paid to the Commonwealth by, or is
recovered by the Commonwealth from, the processor-

   (a)  the grower is, to the extent of the amount so paid or recovered,
        discharged from so much of the grower's liability to pay that levy as
        has not previously been discharged by virtue of sub-section (3); and

   (b)  the processor may recover from the grower, by set-off or otherwise, an
        amount equal to the amount discharged by virtue of paragraph (a). 


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