Commonwealth Numbered Acts Commonwealth Numbered Acts(1) The regulations may impose a levy on the provision of a specified service that facilitates the production of a specified product that is produce of a primary industry.
Note: A service may be specified by name, by inclusion in a specified class, or in any other way.
(2) Any regulations made for the purposes of subsection (1) must require the service to be one:
(a) that involves the use or application of a specified product that is produce of a primary industry; and
(b) that is provided on a commercial basis.
Minister to be satisfied of matters
(3) Before the Governor - General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the imposition of the levy will result in one or more of the following:
(a) expenditure on the marketing, advertising or promotion of products of one or more primary industries;
(b) expenditure on research and development activities for the benefit of one or more primary industries;
(c) expenditure on activities, including biosecurity activities, relating to the promotion or maintenance of the health of plants, animals, fungi or algae;
(d) expenditure on matters relating to a biosecurity response;
(e) expenditure on activities relating to the National Residue Survey;
(f) expenditure:
(i) on any other activity prescribed by the regulations in relation to one or more primary industries; and
(ii) for the benefit of one or more primary industries.
Duty neither a duty of customs nor a duty of excise
(4) This section authorises the imposition of a levy only so far as the levy is neither a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution.