Commonwealth Numbered Acts

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994 No. 41 of 1994 - SECT 3

3.(1) In this Act, unless the contrary intention appears:

"agricultural chemical product" has the same meaning as in the Agricultural
and Veterinary Chemicals Code set out in the Schedule to the Agricultural and
Veterinary Chemicals Code Act 1994;

"assessment" means an assessment under section 16;

"Australia" includes any external Territories that are participating
Territories;

"Australian product" means a chemical product that has been manufactured in
Australia, but does not include an imported product;

"chemical product" means an agricultural chemical product or a veterinary
chemical product but does not include such a product that, under the
regulations, is exempt from levy;

"document" includes a book or other record;

"give information" includes make a statement;

"imported product" means a chemical product that has been imported into
Australia (whether or not the product was manufactured in Australia);

"inspector" means:

   (a)  a person appointed as an inspector for the purposes of this Act under
        subsection 69F(1) of the Agricultural and Veterinary Chemicals
        (Administration) Act 1992 ; or

   (b)  an officer of the Public Service of a State or Territory to whom an
        arrangement referred to in subsection 69F(2) of that Act applies for
        the purposes of this Act;

"interested person", in relation to a registered chemical product, means:
(a) subject to paragraphs (b), (c) and (d), the person (the "original
applicant") who applied for the registration or, in the case of a chemical
product whose registration has been renewed, applied for the renewal, or the
last renewal, as the case may be, of the registration; or

   (b)  subject to paragraphs (c) and (d), if the original applicant has
        entered into a contract with another person in relation to the product
        under which, or as a result of which, the other person will or may
        apply to the NRA to have the other person's name entered in the
        relevant particulars in relation to the product, or to have a label
        approved in relation to containers for the product, and the other
        person's name is entered in those relevant particulars, or such a
        label is approved, on the application of the other person-the other
        person; or

   (c)  if the person who, apart from this paragraph, would be the interested
        person because of paragraph (a) or (b), was an individual who has died
        or is an individual whose affairs are being lawfully administered by
        another person-the legal personal representative of the individual or
        the person administering his or her affairs, as the case may be; or

   (d)  if the person who, apart from this paragraph, would be the interested
        person because of paragraph (a) or (b), was a body corporate- a
        successor in law of that body corporate;

"jurisdiction" means:

   (a)  a State; or

   (b)  the participating Territories;

"late payment penalty" means late payment penalty payable under section 14;

"leviable disposal", in relation to a chemical product, means:

   (a)  if the product is an Australian product:

        (i)    if the product is disposed of in Australia by the manufacturer-
               that disposal of the product; or

        (ii)   if the product is applied by the manufacturer to the
               manufacturer's own use-that application of the product; or

   (b)  if the product is an imported product:

        (i)    if the product is disposed of in Australia by the importer-that
               disposal of the product; or

        (ii)   if the product is applied by the importer to the importer's own
               use-that application of the product;

"leviable value", in relation to a leviable disposal of a chemical product,
means:

   (a)  if the leviable disposal was a sale by wholesale of the product by the
        manufacturer or importer and the parties to the sale were dealing at
        arm's length-the amount received by the manufacturer or importer in
        respect of the sale; or

   (b)  otherwise-the notional wholesale value of the product at the time of
        the
disposal; "levy" means levy, imposed by any Act, that is payable under this
Act;

"manufacture" includes formulate;

"notional wholesale value", in relation to a chemical product at a particular
time, means the amount that the NRA determines would have been received:

   (a)  if the product is an Australian product-by the manufacturer; or

   (b)  if the product is an imported product-by the importer; in respect of
        the product if, at that time, the product had been sold by the
        manufacturer or importer, as the case may be, by wholesale to a person
        with whom the manufacturer or importer was dealing at arm's length;

"NRA" means the National Registration Authority for Agricultural and
Veterinary Chemicals established by the Agricultural and Veterinary Chemicals 
(Administration) Act 1992 ;

"occupier", in relation to any premises or a part of any premises, means the
person in occupation, charge or control of the premises or of that part of the
premises, as the case may be;

"offence against this Act" includes an offence against:

   (a)  section 6, 7 or 7A of the Crimes Act 1914; or

   (b)  subsection 86(1) of that Act because of paragraph (a) of that
        subsection; that relates to an offence against this Act;

"participating Territory" has the same meaning as in the Agricultural and
Veterinary Chemicals Act 1994 ;

"premises" includes any place (whether enclosed or built on or not), including
a place situated under ground or under water, and, in particular, includes:

   (a)  a building, aircraft, vehicle or vessel; and

   (b)  any structure, whether a fixed structure, or a moveable structure such
        as a tent, and whether on land or the bed of any waters or floating on
        any waters; and

   (c)  a part of premises (including premises of a kind referred to in
        paragraph (a) or (b));

"prescribed date for payment", in relation to any levy that is payable, means:

   (a)  except if the levy is payable because of an assessment:

        (i)    if the levy is payable under subsection 7(1)-the day
               immediately following the end of 2 months after the
               commencement of this Act or, if the NRA determines a later day
               for the purposes of this subparagraph, that later day; or

        (ii)   if the levy is payable under subsection 8(1)-1 June next
               following the end of the relevant calendar year; or

        (iii)  if the levy is payable under subsection 9(1)-the date in the
               relevant calendar year that is prescribed by the regulations
               for the purposes of this paragraph or, if no date is so
               prescribed, 1 September in that year; or

   (b)  if the levy is payable because of an assessment-the date stated in the
        notice of assessment to be the date by which the levy is to be paid;

"rate of levy" has the meaning given by section 10, 11 or 12, as the case
requires;

"registered" means registered under Part 2 of the Agvet Code of a State or of
the participating Territories and:

   (a)  to avoid doubt, includes taken to be registered under Part 2 of such a
        Code because of the operation of Part 11 of the Code; and

   (b)  also has an extended meaning as mentioned in subsection (2);

"relevant calendar year" means:

   (a)  in relation to levy payable under subsection 8(1)-the calendar year in
        which the leviable disposals in respect of which the levy is payable
        took place; or

   (b)  in relation to levy payable under subsection 9(1)-the calendar year in
        the first 6 months of which the leviable disposals in respect of which
        the levy is payable took place;

"State" includes the Northern Territory;

"thing" includes a document;

"total leviable value", in relation to a chemical product for a particular
period, means the sum of the leviable values in respect of the leviable
disposals of the product that took place anywhere in Australia during that
period;

"veterinary chemical product" has the same meaning as in the Agricultural and
Veterinary Chemicals Code set out in the Schedule to the Agricultural and
Veterinary Chemicals Code Act 1994.

(2) If, at any time or during any period, a permit is in force in respect of a
chemical product under Part 7 of the Agvet Code of a State or of the
participating Territories (including, to avoid doubt, a permit that is taken
to be in force under Part 7 of such a Code because of the operation of Part 11
of the Code), this Act has effect as if:

   (a)  the product were registered under Part 2 of the Code at that time or
        during that period; and

   (b)  a reference to the person who applied for the registration of the
        product were a reference to the person who applied for the permit.

(3) If a change occurs in the legal or equitable ownership of a chemical
product, the product is taken to be disposed of at the time of the change by
the person who was the legal owner of the product immediately before the
change.

(4) If a chemical product is applied by a person to the person's own use, the
product is taken to be disposed of by the person when it is so applied.