Commonwealth Numbered Acts

SUGAR CANE LEVY COLLECTION ACT 1987 No. 26, 1987 - SECT 6

6. (1) For the better securing of the payment of levy on accepted sugar cane
that is payable by the grower of that sugar cane, the miller of that sugar
cane is liable to pay to the Commonwealth an amount (in this section referred
to as the "relevant amount") equal to levy on that sugar cane that has become
payable by the grower but has not been paid to, or recovered by, the
Commonwealth.

(2) Notwithstanding any law of a State or Territory, or any agreement (whether
entered into before or after the commencement of this Act), to the contrary, a
miller of accepted sugar cane may, for the purpose of ensuring that the miller
is provided with the funds necessary for the due payment by the miller under
subsection (1) of the relevant amount, deduct from any money payable by the
miller for that sugar cane an amount equal to, or that may reasonably be
expected to be equal to, the relevant amount.

(3) Where a miller of accepted sugar cane deducts an amount under subsection
(2), the grower is, upon the levy becoming payable, discharged from the
grower's liability to pay the levy to the extent of the amount so deducted,
but the miller's liability under subsection (1) is not affected.

(4) Where, under subsection (1), an amount in respect of levy payable by a
grower of accepted sugar cane is paid by, or is recovered by the Commonwealth
from, the miller of that sugar cane:

   (a)  the grower is, to the extent of that amount, discharged from so much
        of the grower's liability to the Commonwealth to pay that levy as has
        not been previously discharged; and

   (b)  the miller may recover from the grower, by set-off or otherwise, an
        amount equal to the amount discharged by virtue of paragraph (a) of
        this subsection.