Commonwealth Numbered Acts

HORTICULTURAL LEGISLATION AMENDMENT ACT 1989 No. 46 of 1989 - SECT 26

26. Section 10 of the Principal Act is amended:

   (a)  by inserting after subsection (1) the following subsection:

"(1A) Subject to subsections (2) and (3), where an amount has been paid to the
Commonwealth on account of levy, or as penalty, under subsection 7A(1) by
reason of the sale of prescribed goods or services to a person and, on
application in writing made to the Secretary by that person, the Secretary is
satisfied that, for any reason:

   (a)  those goods or services will not be used by that person in subjecting
        any leviable horticultural products to a process in the course of
        their production or of their preparation for sale or use in the
        production of other goods; or

   (b)  if those goods and services have been used by that person in
        subjecting any leviable horticultural products to a process in the
        course of their production or of their preparation for sale or use in
        the production of other goods, those products will not be sold by that
        person or used by that person in the production of other goods; the
        Secretary shall, by determination in writing, order the amount paid to
        be refunded and, upon the Secretary so doing, the amount paid shall be
        refunded by the Commonwealth";
   (b) by inserting in paragraph (2)(a) "or (1A)" after "subsection (1)";


   (c)  by omitting from paragraph (2)(b) "subsection 48(1)" and substituting
        "subsection 47(1)";
   (d) by inserting in paragraph 3(a) "or (1A)" after "subsection (1)";


   (e)  by omitting from paragraph (3)(b) "subsection 46(1)" and substituting
        "subsection 45(1)".