Commonwealth Numbered Acts

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PRAWN EXPORT PROMOTION ACT 1995 No. 14, 1995 - SECT 12

Collection agreements with collecting organisations
12.(1) The Secretary may enter into an agreement with an organisation with
respect to the collection of levy by that organisation on behalf of the
Commonwealth.

(2) Without limiting the generality of the matters that may be provided for in
an agreement entered into with a collecting organisation, such an agreement
may provide for:

   (a)  the State in which amounts of levy are to be collected by the
        collecting organisation; and

   (b)  the persons from whom amounts of levy are to be collected by the
        collecting organisation; and

   (c)  the keeping by the collecting organisation of accounts and records in
        relation to amounts of levy collected by the organisation; and

   (d)  the payment by the collecting organisation to the Commonwealth of
        amounts of levy collected by the organisation; and

   (e)  the giving by the collecting organisation to the Minister of
        information with respect to:

   (i)  amounts of levy collected by the organisation; and

   (ii) amounts paid by the organisation to the Commonwealth; and

   (f)  the inspection and audit of accounts and records kept by the
        collecting organisation for the purpose of paragraph (c).

(3) While an agreement entered into under subsection (1) with a collecting
organisation is in force in relation to a particular person, payment of levy
payable by that person must be made to that organisation.

(4) Where a person pays an amount of levy in accordance with subsection (3),
the person is, to the extent of the amount so paid, discharged from liability
to pay levy to the Commonwealth.

(5) The Secretary must give notice in the Gazette of the entering into of an
agreement under subsection (1) within 21 days of the making of the agreement.

(6) A failure to comply with subsection (5) does not invalidate the agreement.

(7) An agreement under subsection (1) about the collection of levy may require
FRDC to pay to the collecting organisation that is a party to the agreement
amounts, worked out in accordance with the agreement, to reimburse the
collecting organisation for its expenses incurred in collecting levy.

(8) FRDC is liable to pay those amounts as if it were a party to the
agreement. 


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