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CLAUSE NOTES
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Clause 1: Short Title
The Title of the Bill is "Poisons Amendment (Poppy Advisory
and Control Board Levy) Bill 2012
Clause 2: Commencement
The Act will commence on Royal Assent (it imposes obligations
on producers in terms of information to be provided to the
Department later this year.
Clause 3: Principal Act
The Act which is being amended is the Poisons Act 1971
Clause 4: Part VB Div 1 New Heading Inserted
This clause inserts a heading before the current provisions in
Part VB dealing with the creation and make-up of the Board.
Clause 5: New Part VB Div 2 Inserted
This clause inserts a number of new Sections setting up and
imposing the poppy levy:
Section 59N Interpretation defines a number of terms
such as "amount to be raised" "poppy levy" and "poppy
processor".
Section 59O Imposition of levy
The section imposes a levy based on hectares harvested after
the commencement of the Act (the 2012/12 growing and
harvesting period runs from early in the financial year with
harvesting commencing in late December or early in the New
Year.
Section 59P Rate of levy
The rate of the levy is the total amount to be raised divided by
the total number of hectares harvested. For 2012/13 the figure
will be approximately $20 per hectare - $650,000 divided by
34,000 hectares.
Section 59Q Amount to be raised
For the current financial year the amount of $650,000 will be
raised by the levy but in subsequent years the amount will be
determined by the Minister based on the anticipated
operational costs of the Board. The amount to be raised will
be published in the Gazette each year.
Section 59R Liability to pay
The section imposes the levy on each poppy processor for
each hectare they harvest under contract with their growers.
The Department will notify the processors of the amount due
based on the information provided under section 59U.
Section 59S Offence for non-payment of levy
The section imposes a penalty for non-payment of the levy.
Section 59T Recovery of levy
The section allows the Crown to recover any outstanding
levies by civil action.
Section 59U Information to be provided
The section provides for the processors to provide information
late in the calendar year as to expected harvest figures and
after the harvest is complete as to actual harvest figures to the
Secretary of the Department of Justice.
Section 59V False or misleading information
The section makes it an offence to provide false or misleading
information in returns.
Section 59W Poppy Board Operating Fund
The section provides for the establishment of a Trust Fund into
which the levy will be paid and from which the operating costs
of the Board and inspectorate will be met.
Clause 6: Repeal of Act
Provides for the automatic repeal of the Act after twelve months (the
changes will have been integrated into the Act).