Commonwealth Numbered Acts

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION ACT 1991 No. 25, 1991 - SECT 8

8. (1) Despite any law of a State or any agreement (whether entered into
before or after the commencement of this Act) to the contrary, an intermediary
referred to in subsection 7 (1), (2) or (3) may, for the purpose of ensuring
that the intermediary is provided with the funds necessary for the due payment
by the intermediary, on behalf of the producer, of levy or charge on the
products, deduct from any money received by the intermediary on behalf of the
producer, or payable by the intermediary, in relation to the products an
amount equal to, or that may reasonably be expected to be equal to, the unpaid
levy or charge on the products.

(2) Where the intermediary deducts an amount under subsection (1), the
producer is, on the levy or charge becoming due for payment, discharged from
liability to pay the levy or charge to the extent of the amount deducted, but
the liability of the intermediary under subsection 7 (1), (2) or (3), as the
case may be, is not affected.

(3) The proprietor of an abattoir may, despite any law of a State or Territory
or any contract entered into before the commencement of this Act, refuse to
slaughter, or to permit the slaughter of, live-stock (being live-stock within
the meaning of the Live-stock Slaughter Levy Act 1964) owned by another person
at the abattoir unless that other person first provides the proprietor with
the funds necessary for the due payment, on behalf of that other person, of
levy on the slaughter of the live-stock.

(4) The proprietor of an abattoir may, despite any law of a State or Territory
or any contract entered into before the commencement of this Act, refuse to
slaughter or to permit the slaughter of cattle (being cattle within the
meaning of the Beef Production Levy Act 1990 or the Cattle Transaction  Levy
Act 1990 ) owned by another person at the abattoir unless that other person
first provides the proprietor with the funds necessary for the due payment, on
behalf of that other person, of levy on or in relation to the cattle.

(5) Where a contract is made, whether at auction or otherwise, by which a
person sells or agrees to sell pigs to another person, the amount that would,
but for this section, be the price payable under the contract is taken to be
reduced for all purposes (including, in the case of a contract made through an
agent of the seller, the settlement of accounts between an agent and the
seller) by an amount ascertained by multiplying an amount equal to the amount
per pig that is the rate of the levy in force at the date of the contract by
the number of the pigs comprised in the contract.

(6) Where a contract mentioned in subsection (5) makes specific provision for
a deduction by, or allowance to, the purchaser in respect of levy, so much of
the reduction provided for in that subsection as does not exceed the amount of
that deduction or allowance is not to be made.