Commonwealth Numbered Acts

HORTICULTURAL LEGISLATION AMENDMENT ACT 1989 No. 46 of 1989 - SECT 8

8. 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 chargeable
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 chargeable
horticultural products of any kind;";

   (d)  by inserting the following definitions:

" '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;
'levy' means levy imposed by the Horticultural Levy Act 1987;
'Levy Collection Act' means the Horticultural Levy 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 chargeable 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 export;";

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

"(2) Chargeable 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 export and the rate of charge 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 charge or penalty in respect of
chargeable 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 charge or penalty-that authority.".