New South Wales Consolidated Acts

MEAT INDUSTRY ACT 1978 - SECT 59C

59C Liability-generally

(1) Every meat industry levy shall be due and payable to and recoverable by the Food Authority or its agent after the expiration of 31 days after service of the notice referred to in section 59A.

(2) The occupier of land shall be primarily liable for payment of a meat industry levy payable in respect of that land.

(3) Two or more occupiers of land who hold jointly or in common shall be jointly and severally liable to the Food Authority for a meat industry levy payable in respect of that land, but as between themselves each shall be liable only for such part of the levy as is proportionate to the occupier’s interest in the land.

(4) An occupier referred to in subsection (3) who pays to the Food Authority more than the occupier’s proportionate part of the meat industry levy may recover the amount of the excess by way of contribution from the other occupier or occupiers, as the case may be.

(5) Where the name of the occupier liable to pay the meat industry levy is not known to the Food Authority or its agent, it shall be sufficient to levy the occupier by the designation of “occupier” without stating the occupier’s name.

(6) Where the whole or part of a meat industry levy is unpaid after the expiration of 12 months after the date on which it became due and payable to and recoverable by the Food Authority or its agent, the owner of the land in respect of which the levy is payable shall be liable for payment of the unpaid levy and any interest or any other charges payable in respect of the levy.

(7) A person who is liable to pay a meat industry levy shall not fail to pay the whole of the levy on or before the due date.

Maximum penalty: 10 penalty units.

(8) An owner referred to in subsection (6) who pays the whole or part of an unpaid meat industry levy or any interest or charges payable in respect of a levy may recover the amount paid from the occupier of the land concerned.

(9) Nothing in subsection (6) affects an occupier’s liability for payment of a meat industry levy.

(10) Subsection (6) does not apply to land the subject of a lease, licence or purchase from the Crown.

(11) Subsections (3) and (4) apply to 2 or more owners of land liable under subsection (6) for payment of an unpaid meat industry levy as if a reference in subsections (3) and (4) to an occupier or occupiers were a reference to those owners.