Victorian Numbered Acts

STATE TAXATION ACTS FURTHER AMENDMENT ACT 2008 (NO. 84 OF 2008) - SECT 35

After section 95A of the Livestock Disease Control Act 1994 insert —

    ' 95B     Payment of duty by approved agents in respect to pigs

    (1)     An approved agent must not later than the 21st day of each month furnish to the Commissioner of State Revenue—

        (a)     if during the last preceding month there has been no sale or purchase of pigs and carcases of pigs, a nil return; or

        (b)     in any other case, a return or returns in the prescribed form verified in the prescribed manner of sales or purchases of pigs and the carcases of pigs during the last preceding month.

Penalty:     5 penalty units.

    (2)     An approved agent must not later than the 21st day of each month pay to the Commissioner as swine duty on any return the duty chargeable under the Duties Act 2000 .

Penalty:     5 penalty units and a penalty equal to double the amount of duty that would have been payable if the requirement of this subsection and the Duties Act 2000 had been complied with.

    (3)     An approved agent must     keep or cause to be kept in Victoria sufficient books to enable the agent to calculate accurately the amounts which are to be set out in returns required under this section.

Penalty:     5 penalty units.

    (4)     An approved agent must keep available for inspection the books and records and all working papers used in making the calculations for at least 3 years from the month to which each return relates or for such other period as the Commissioner determines in any particular case.

Penalty:     5 penalty units.

    (5)     An approved agent must issue to a purchaser of pigs or the carcases of pigs an invoice that sets out—

        (a)     the registration number assigned to the approved agent; and

        (b)     the amount of duty paid; and

        (c)     the expression "Vic. Swine Duty Paid"; and

        (d)     any prescribed particulars.

Penalty:     5 penalty units.

    (6)     A purchaser referred to in subsection (5) must keep the invoice issued to the purchaser for at least 3 years.

    (7)     An approved agent who purchases pigs or the carcases of pigs on the approved agent's own behalf must issue to the seller of those pigs or carcases a statement that sets out—

        (a)     the registration number assigned to the approved agent; and

        (b)     the amount of duty paid; and

        (c)     the expression "Vic. Swine Duty Paid"; and

        (d)     any prescribed particulars.

Penalty:     5 penalty units.

    (8)     A seller referred to in subsection (7) must keep the statement issued to the seller for at least 3 years.'.