Commonwealth Numbered Acts

HORTICULTURAL LEGISLATION AMENDMENT ACT 1989 No. 46 of 1989 - SECT 20

20. Section 4 of the Principal Act is amended:

   (a)  by omitting "or" (last occurring) from paragraph (a) of the definition
of "examinable documents" in subsection (1);

   (b)  by inserting after paragraph (b) of that definition the following word
        and paragraph:

"or (ba) the sale of prescribed goods or services in relation to leviable
horticultural products of any kind;";

   (c)  by adding at the end of that definition the following paragraph:

"(g) persons who sell prescribed goods or services in relation to leviable
horticultural products of any kind;";

   (d)  by inserting the following definitions:

" 'charge' means charge imposed by the Horticultural Export Charge Act  1987 ;
'collecting authority' means:

   (a)  a State or Territory; or

   (b)  an authority of a State or Territory;
that, by reason of an agreement entered into under section 7B, has agreed to
collect money payable under this Act on behalf of the Commonwealth;
'Export Charge Collection Act' means the Horticultural Export Charge 
Collection Act 1987 ;
'premises' includes:

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

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

   (c)  a part of premises (including premises in the kind referred to in
        paragraph (a) or (b));
'prescribed goods or services', in relation to leviable horticultural products
of a particular kind, means goods or services identified by the regulations as
goods or services used in subjecting those products to a process in the course
of their production or their preparation for sale or use in the production of
other goods;";

   (e)  by adding at the end the following subsections:

"(2) Leviable horticultural products may be classified by reference to any
process to which they are subjected in the course of their production or their
preparation for sale and the rate of levy payable on those products may be
determined by reference to that process.

"(3) Where an agreement is entered into between the Commonwealth and a State
or Territory concerning the collection of levy or penalty in respect of
leviable horticultural products of a particular kind, a reference to the
collecting authority in respect of that agreement is a reference to:

   (a)  unless paragraph (b) applies-that State or Territory; and

   (b)  if it is provided in the agreement that an authority of that State or
        Territory shall collect the levy or penalty-that authority.".