AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994 No. 41, 1994


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

                         TABLE OF PROVISIONS
                         PART 1-PRELIMINARY
Section
    1.    Short title
    2.    Commencement
    3.    Interpretation
    4.    Extension to certain external Territories
    5.    Act to bind Crown
    6.    Power of NRA to make certain determinations
                       PART 2-LIABILITY FOR LEVY
    7.    Liability for levy in respect of disposals during 1993
    8.    Liability for levy in respect of disposals during 1994 and
          later years
    9.    Liability for levy in respect of disposals during first 6
          months of 1995 or of a later year
   10.    Amount of levy imposed in respect of disposals during 1993
   11.    Amount of levy imposed in respect of disposals during 1994 or
          a later year
   12.    Amount of levy imposed in respect of disposals during the
          first 6 months of 1995 or of a later year
   13.    Payment of levy
   14.    Late payment penalty
                 PART 3-CALCULATION OR ASSESSMENT OF LEVY
   15.    Calculation of levy by person liable
   16.    Assessment of levy by NRA
   17.    Fresh assessments
   18.    Reconsideration and review of assessments
                           PART 4-ENFORCEMENT
   19.    Levy and late payment penalty recoverable as debts
   20.    NRA may require information about disposals of chemical
          products
   21.    Searches to monitor compliance with Act
   22.    Offence-related searches and seizures
   23.    Power of inspector to require information or documents
   24.    Offence-related warrants
   25.    Announcement before entry
   26.    Details of warrant to be given to occupier
   27.    Use of equipment to examine or process things
   28.    Use of electronic equipment at premises
   29.    Compensation for damage to electronic equipment
   30.    Copies of seized things to be provided
   31.    Return of things that are seized
   32.    Court of summary jurisdiction may permit a thing to be kept
                         PART 5-MISCELLANEOUS
   33.    Administrative Appeals Tribunal may review certain decisions
          by NRA
   34.    Self-incrimination to be a reasonable excuse for
          non-compliance with requirements
   35.    Copying of documents
   36.    Applicant for registration of chemical product to keep records
   37.    False or misleading information or document
   38.    Exemptions from liability for damages
   39.    Regulations

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

     An Act to provide for the collection of a levy on agricultural
       and veterinary chemical products, and for related purposes

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - PART 1
                           PART 1-PRELIMINARY


AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 1
Short title

                                           (Assented to 15 March 1994 )
  1. This Act may be cited as the Agricultural and Veterinary Chemical
Products (Collection of Levy) Act 1994.

(Minister's second reading speech made in-
          House of Representatives on 16 December 1993
          Senate on 8 February 1994 )

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 2
Commencement

  2. This Act commences on the same day as the Agricultural and Veterinary
Chemicals Act 1994.

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


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  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;

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  "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.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 4
Extension to certain external Territories

  4. This Act extends to the external Territories that are participating
Territories.

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AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 5
Act to bind Crown

  5.(1) This Act binds the Crown in all its capacities.

  (2) Nothing in this Act renders the Crown in any capacity liable to be
prosecuted for an offence.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 6
Power of NRA to make certain determinations

  6. The NRA may:
  (a) by notice in writing to the manufacturer or importer of a chemical
product, determine the amount that would have been received by the
manufacturer or importer in respect of the product at a particular time as
mentioned in the definition of "notional wholesale value" in subsection 3(1);
or
  (b) by notice published in the Gazette, determine a later day for the
purposes of subparagraph (a)(i) of the definition of "prescribed date for
payment" in subsection 3(1).

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - PART 2
                      PART 2-LIABILITY FOR LEVY


AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 7
Liability for levy in respect of disposals during 1993

  7.(1) If a chemical product was registered in any jurisdiction at the
commencement of this Act, then, subject to subsection (2), levy is payable in
respect of leviable disposals of the product that took place anywhere in
Australia at any time during the year beginning on 1 January 1993.

  (2) Levy is not payable under subsection (1) in respect of leviable
disposals of a particular chemical product during the year referred to in that
subsection if the total leviable value in respect of the product for that year
is less than $100,000.

  (3) Subject to subsection (4), the interested person in relation to the
chemical product is liable to pay the levy.

  (4) If the chemical product was registered as mentioned in subsection (1) in
more than one jurisdiction and different persons are the interested persons in
relation to the product in different jurisdictions, those persons are jointly
and severally liable to pay the levy.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 8
Liability for levy in respect of disposals during 1994 and later years

  8.(1) If a chemical product was registered in any jurisdiction during the
whole or any part of the last 6 months of the year beginning on 1 January 1994
or of the last 6 months of a later calendar year (whether or not the product
was also registered in that jurisdiction or any other jurisdiction during the
whole or any part of the first 6 months of the year concerned), then, subject
to subsection (2), levy is payable in respect of leviable disposals of the
product that took place anywhere in Australia at any time during that year.

  (2) Levy is not payable under subsection (1) in respect of leviable
disposals of a particular chemical product during a calendar year if the total
leviable value in respect of the product for that calendar year is less than
$100,000.

  (3) Subject to subsection (4), the interested person in relation to the
chemical product is liable to pay the levy.

  (4) If the chemical product was registered as mentioned in subsection (1) in
more than one jurisdiction and different persons are the interested persons in
relation to the product in different jurisdictions, those persons are jointly
and severally liable to pay the levy.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 9
Liability for levy in respect of disposals during first 6 months of 1995
or of a later year

  9.(1) If a chemical product:
  (a) was registered in any jurisdiction during the whole or any part of the
first 6 months of the year beginning on 1 January 1995 or of a later calendar
year; and
  (b) was not registered in any jurisdiction on 1 July in the year concerned;
then, subject to subsection (2), levy is payable in respect of leviable
disposals of the product that took place anywhere in Australia at any time
during those 6 months.

  (2) Levy is not payable under subsection (1) in respect of leviable
disposals of a particular chemical product during the first 6 months of a

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calendar year if the total leviable value in respect of the product for those
6 months is less than $50,000.

  (3) Subject to subsection (4), the interested person in relation to the
chemical product is liable to pay the levy.

  (4) If the chemical product was registered as mentioned in subsection (1) in
more than one jurisdiction and different persons are the interested persons in
relation to the product in different jurisdictions, those persons are jointly
and severally liable to pay the levy.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 10
Amount of levy imposed in respect of disposals during 1993

  10.(1) Subject to subsection (2), the amount of the levy that is payable
under section 7 in respect of leviable disposals of a particular chemical
product during the year beginning on 1 January 1993 is the amount worked out
using the formula:
  total leviable value in respect of the product for that year X rate of levy
where:
  "rate of levy" means the percentage prescribed by the regulations for the
purposes of this section in respect of that year.

  (2) The total of the amounts of the levy that are payable under section 7 in
respect of leviable disposals of a particular chemical product during the year
beginning on 1 January 1993 is not to exceed:
  (a) subject to paragraph (b)-$15,750; or
  (b) if another amount is prescribed by the regulations for the purposes of
this paragraph in respect of that year-that other amount.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 11
Amount of levy imposed in respect of disposals during 1994 or a later
year

  11.(1) Subject to subsection (2), the amount of the levy that is payable
under section 8 in respect of leviable disposals of a particular chemical
product during a particular calendar year is the amount worked out using the
formula:
  total leviable value in respect of the product for that year X rate of levy
where:
  "rate of levy" means the percentage prescribed by the regulations for the
purposes of this section in respect of that year.

  (2) The total of the amounts of the levy that are payable under section 8 in
respect of leviable disposals of a particular chemical product during a
particular calendar year is not to exceed:
  (a) subject to paragraph (b)-$19,000; or
  (b) if another amount is prescribed by the regulations for the purposes of
this paragraph in respect of that year-that other amount.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 12
Amount of levy imposed in respect of disposals during the first
6 months of 1995 or of a later year

  12.(1) Subject to subsection (2), the amount of the levy that is payable
under section 9 in respect of leviable disposals of a particular chemical
product during the first 6 months of a particular calendar year is the amount
worked out using the formula:
  total leviable value in respect of the product for those 6 months X rate of
levy
where:
  "rate of levy" means the percentage prescribed by the regulations for the
purposes of this section in respect of those 6 months.

  (2) The total of the amounts of the levy that are payable under section 9 in
respect of leviable disposals of a particular chemical product during the
first 6 months of a  particular calendar year is not to exceed:
  (a) subject to paragraph (b)-$9,500; or
  (b) if another amount is prescribed by the regulations for the purposes of
this paragraph in respect of those 6 months-that other amount.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 13
Payment of levy

  13. A person who is liable to pay levy in respect of a chemical product must
pay the levy on or before the prescribed date for payment of that levy.
Note: If any levy payable in respect of a chemical product is not paid, the
Agvet Codes provide that the NRA may refuse to renew the registration of the
product.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 14
Late payment penalty

  14.(1) If any levy payable by a person under section 7, 8 or 9 in respect of
leviable disposals of a chemical product is not wholly paid on or before the

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prescribed date for payment of the levy, the person immediately becomes liable
to pay a late payment penalty of:
  (a) subject to paragraph (b)-$200; or
  (b) if another amount is prescribed by the regulations for the purposes of
this section and is applicable in respect of that prescribed date for
payment-that other amount.

  (2) The NRA may waive the whole or a part of the liability to pay an amount
of late payment penalty.
Note: If any late payment penalty payable in respect of a chemical product is
not paid, the Agvet Codes provide that the NRA may refuse to renew the
registration of the product.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - PART 3
                 PART 3-CALCULATION OR ASSESSMENT OF LEVY


AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 15
Calculation of levy by person liable

  15.(1) If it appears to the NRA that a person may be liable to pay levy in
respect of leviable disposals of a chemical product that took place during a
particular period, the NRA may, not earlier than the end of that period, by
written notice given to the person:
  (a) tell the person the rate of levy payable in respect of chemical products
for that period; and
  (b) require the person:
    (i) to calculate the total leviable value (if any) in respect of the
product for that period and the amount of the levy (if any) that is payable;
and
    (ii)  within a period of not less than one month that is stated in
the notice, to notify the NRA in writing of the results of the calculations
and the basis on which the calculations were made.

  (2) A person must not, without reasonable excuse, refuse or fail to comply
with a requirement made under subsection (1).
Penalty: 30 penalty units.

  (3) Subject to subsection (6), a person who has given to the NRA, under
subparagraph (1)(b)(ii) or this subsection, a notification in writing in
respect of the total leviable value (if any) in respect of a chemical product
for a period and the amount of the levy (if any) that is payable may make a
further calculation of that value and amount in substitution for the value and
amount last so calculated and notify the NRA of the results of the further
calculations and the basis on which the further calculations were made.

  (4) Subject to subsection (6), an amount notified by a person to the NRA in
accordance with this section as being the amount calculated by the person to
be the levy payable in respect of a chemical product for a period or, if more
than one amount has been so notified for that period, the amount last
notified, is taken to be the amount of levy so payable.

  (5) Subject to subsection (6), if a notification by a person to the NRA in
accordance with this section or, if more than one notification has been made,
the last such notification, states that the calculations made by the person
show that no levy is payable in respect of a particular chemical product for a
period, no levy is payable by the person in respect of that product for that
period.

  (6) Subsections (3), (4) and (5) do not apply in relation to a chemical
product in respect of a period if the NRA has made or makes an assessment as
to whether any levy is payable in respect of that product for that period.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 16
Assessment of levy by NRA

  16.(1) The NRA may make an assessment as to whether any levy is payable in
respect of leviable disposals of a particular chemical product during a
particular period.

  (2) An assessment may be made before, on or after the date that, apart from
the assessment, would be the prescribed date for payment of the levy and
whether or not any payment has been made on account of the levy.

  (3) An assessment is to state the total leviable value (if any) in respect
of the product for the period concerned and the amount of the levy (if any)
payable.

  (4) An assessment may be based on any information in the possession of the
NRA, whether obtained as a result of the making of a requirement under this
Act or otherwise.

  (5) The NRA must give written notice of an assessment:

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  (a) if any levy is assessed to be payable-to the person who it considers is
liable to pay the levy; or
  (b) if no levy is assessed to be payable-to the person who, if levy had been
payable, it considers would have been liable to pay the levy.

  (6) A notice of assessment must contain particulars of any determination
made by the NRA under paragraph 6(a).

  (7) If any levy is payable, the notice must state the date by which the levy
is to be paid.

  (8) The date to be so stated must not be earlier than whichever is the later
of the following dates:
  (a) the date that, apart from the assessment, would be the prescribed date
for payment of the levy;
  (b) the 21st day after the day on which the notice is given.

  (9) A notice of an assessment must include a statement to the effect of
section 18.

  10) A failure to comply with subsection (9) does not affect the validity of
the assessment.

  (11) An assessment is taken to be a decision for the purposes of the
Administrative Appeals Tribunal Act 1975.

  (12) The production of a notice of assessment, or of a document purporting
to be a copy of a notice of assessment, signed on behalf of the NRA by the
Chief Executive Officer of the NRA or a delegate of the Chief Executive
Officer is conclusive evidence of the due making of the assessment and, except
in proceedings under section 18 on a review or appeal relating to the
assessment, that the amount and all the particulars of the assessment are
correct.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 17
Fresh assessments

  17.(1) Subject to subsection (2), if the NRA is satisfied that an assessment
was incorrect, the NRA may make a fresh assessment under section 16 in
substitution for the original assessment, even though levy may have been paid
in respect of the original assessment.

  (2) A fresh assessment may:
  (a) if the original assessment was based on false or misleading information
given to the NRA or to an inspector-be made at any time; or
  (b) otherwise-be made only within 4 years from the date on which levy became
payable under the original assessment.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 18
Reconsideration and review of assessments

  18.(1) A person who is affected by an assessment made by the NRA may, if
dissatisfied with the assessment, by written notice given to the NRA within 21
days after the day on which the person first received notice of the
assessment, or within any further period that the NRA allows, request the NRA
to reconsider the assessment.

  (2) The person must set out in the request reasons for making the request.

  (3) Upon receipt of the request, the NRA must reconsider the assessment and,
subject to subsection (4), may confirm or revoke the assessment or vary the
assessment in any manner that it thinks fit.

  (4) If the NRA does not confirm, revoke or vary an assessment before the end
of 21 days after the day on which it received the request under subsection (1)
to reconsider the assessment, it is taken, at the end of that period, to have
confirmed the assessment under subsection (3).

  (5) If the NRA confirms, revokes or varies an assessment before the end of
the period referred to in subsection (4), it must, by written notice given to
the person making the request, tell the person the result of the
reconsideration of the assessment and the reasons for confirming, varying or
revoking the assessment, as the case may be.

  (6) A failure to comply with subsection (5) does not affect the validity of
the confirmation, revocation or variation.

  (7) Applications may be made to the Administrative Appeals Tribunal for
review of assessments of the NRA that have been confirmed or varied under
subsection (3).

  (8) If, as a result of an application made under paragraph 33(b), the

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Administrative Appeals Tribunal has reviewed a determination made by the NRA
under paragraph 6(a) in relation to a chemical product as at a particular
time, the Tribunal is not entitled to alter the determination as so reviewed
by it when it is reviewing an assessment to which the determination is
relevant.

  (9) If an assessment is taken, because of subsection (4), to be confirmed,
section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the
prescribed time for making application for review of the assessment were the
period beginning on the day on which the assessment is taken to be confirmed
and ending on the 28th day after that day.

  (10) If a request is made under subsection (1) in respect of an assessment,
section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the
making of the request were the making of an application to the Administrative
Appeals Tribunal for a review of the assessment.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - PART 4
                            PART 4-ENFORCEMENT


AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 19
Levy and late payment penalty recoverable as debts

  19.(1) Any levy that has not been paid on or before the prescribed date for
payment of the levy, or any late payment penalty that is payable, is a debt
due to the Commonwealth and payable to the NRA and may be sued for and
recovered by the NRA.

  (2) The NRA must pay into the Consolidated Revenue Fund any amounts of levy
or late payment penalty received by it.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 20
NRA may require information about disposals of chemical products

  20.(1) If it appears to the NRA that levy under section 7 or 8 may be
payable in respect of a chemical product for a calendar year, the NRA may, not
earlier than the end of the calendar year, give written notice to any one or
more of the following:
  (a) the person, or any of the persons, by whom any such levy would be
payable;
  (b) if the product is an imported product and the person referred to in
paragraph (a) is not, or none of the persons referred to in that paragraph is,
the importer-the importer;
  (c) if the product is an Australian product and the person referred to in
paragraph (a) is not, or none of the persons referred to in that paragraph is,
the manufacturer-the manufacturer;
requiring the person to whom the notice is given to give to the NRA, within a
period stated in the notice that is not less than one month after the notice
is given, any information relating to the importation, manufacture or disposal
of the product during the calendar year that is necessary to work out the
total leviable value in respect of the product for the calendar year.

  (2) If it appears to the NRA that levy under section 9 may be payable in
respect of a chemical product for the first 6 months of a calendar year, the
NRA may, not earlier than 1 July in the calendar year, give written notice to
any one or more of the following:
  (a) the person, or any of the persons, by whom any such levy would be
payable;
  (b) if the product is an imported product and the person referred to in
paragraph (a) is not, or none of the persons referred to in that paragraph is,
the importer-the importer;
  (c) if the product is an Australian product and the person referred to in
paragraph (a) is not, or none of the persons referred to in that paragraph is,
the manufacturer-the manufacturer;
requiring the person to whom the notice is given to give to the NRA, within a
period stated in the notice that is not less than one month after the notice
is given, any information relating to the importation, manufacture or disposal
of the product during those 6 months that is necessary to work out the total
leviable value in respect of the product for those 6 months.

  (3) A person must not, without reasonable excuse, refuse or fail to comply
with a requirement made under subsection (1) or (2).
Penalty: 30 penalty units.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 21
Searches to monitor compliance with Act

  21.(1) Subject to this section, to the extent that it is reasonably
necessary to do so for the purpose of finding out whether levy is payable
under this Act, an inspector, with any necessary help, may enter, at any time
during ordinary working hours on any day, any premises that the inspector has
reasonable cause to believe are premises at which any thing relating to the
importation, manufacture or disposal of chemical products is kept and may do

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any one or more of the following:
  (a) search the premises and any thing found at the premises;
  (b) inspect any document kept at the premises;
  (c) seize any such document and remove it from the premises.

  (2) An inspector may not, under subsection (1), enter premises that are a
residence unless the occupier of the premises has consented to the entry.

  (3) An inspector may not exercise any powers under subsection (1) in
relation to premises if:
  (a) the occupier of the premises has required the inspector to produce his
or her identity card for inspection by the occupier; and
  (b) the inspector fails to comply with the requirement.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 22
Offence-related searches and seizures

  22.(1) If an inspector has reasonable grounds for suspecting that there may
be at any premises a particular thing that may be evidence of the commission
of an offence against this Act, the inspector may:
  (a) with the consent of the occupier of the premises; or
  (b) under a warrant issued under section 24;
enter the premises and:
  (c) search the premises for the thing; and
  (d) if the thing is found-seize the thing.

  (2) If, in the course of searching, under a warrant issued under section 24,
for a particular thing in relation to a particular offence, an inspector finds
another thing that the inspector believes, on reasonable grounds, to be:
  (a) a thing that may be evidence of the commission of the offence, although
not the thing stated in the warrant; or
  (b) a thing that may be evidence of the commission of another offence
against this Act;
and the inspector believes, on reasonable grounds, that it is necessary to
seize the other thing in order to prevent its concealment, loss or
destruction, or its use in committing, continuing or repeating the offence or
the other offence, the warrant is taken to authorise the inspector to seize
the other thing.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 23
Power of inspector to require information or documents

  23.(1) Subject to subsection (2), an inspector who has entered premises
under this Act may, to the extent that it is reasonably necessary for the
purpose of finding out whether levy is payable under this Act, require a
person to give information to the inspector and to produce any documents
requested by the inspector.

  (2) An inspector is not entitled to make a requirement of a person under
subsection (1) unless the inspector produces his or her identity card for
inspection by the person.

  (3) A person must not, without reasonable excuse, refuse or fail to comply
with a requirement made under subsection (1).
Penalty: 30 penalty units.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 24
Offence-related warrants

  24.(1) An inspector may apply to a magistrate for a warrant under this
section in relation to particular premises.

  (2) Subject to subsection (3), a magistrate may issue the warrant in
accordance with the prescribed form if he or she is satisfied, by information
on oath, that there are reasonable grounds for suspecting that there is, or
may be within the next 72 hours, at the premises a particular thing that may
be evidence of the commission of an offence against this Act.

  (3) A magistrate must not issue a warrant under subsection (2) unless the
informant or some other person has given to the magistrate, either orally or
by affidavit, any further information that the magistrate requires about the
grounds on which the issue of the warrant is being sought.

  (4) The warrant must:
  (a) state the nature of the offence; and
  (b) state the purpose for which the warrant is issued; and
  (c) authorise an inspector named in the warrant, with any help, and using
any force, that is necessary and reasonable, to enter the premises and
exercise the powers referred to in paragraphs 22(1)(c) and (d) in respect of
the thing; and
  (d) state whether entry is authorised to be made at any time of the day or
night or during stated hours of the day or night; and
  (e) state a day, not later than 7 days after the day of issue of the

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warrant, upon which the warrant ceases to have effect.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 25
Announcement before entry

  25.(1) Subject to subsection (2), an inspector who is authorised to enter
premises under a warrant issued under section 24 or a person helping such an
inspector must, before any person enters the premises under the warrant:
  (a) announce that he or she is authorised by the warrant to enter the
premises; and
  (b) give any person at the premises an opportunity to allow entry to the
premises.

  (2) The inspector or a person helping the inspector is not required to
comply with subsection (1) if he or she believes on reasonable grounds that
immediate entry to the premises is required to ensure:
  (a) the safety of a person (including the inspector and any person helping
the inspector); or
  (b) that the effective execution of the warrant is not frustrated.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 26
Details of warrant to be given to occupier

  26.(1) If a warrant under section 24 in relation to premises is being
executed and the occupier of the premises or another person who apparently
represents the occupier is present at the premises, the inspector or a person
helping the inspector must make a copy of the warrant available to the
occupier or other person.

  (2) The inspector must identify himself or herself to the person at the
premises.

  (3) The copy of the warrant referred to in subsection (1) need not include
the signature of the magistrate who issued the warrant.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 27
Use of equipment to examine or process things

  27.(1) An inspector who enters premises under section 21 or 22 or a person
helping the inspector may bring to the premises any equipment reasonably
necessary for the examination or processing of things found at the premises in
order to determine whether they are things that may be seized under that
section.

  (2) If:
  (a) it is not practicable to examine or process the things at the premises;
or
  (b) the occupier of the premises consents in writing;
the things may be moved to another place so that the examination or processing
can be carried out in order to determine whether they are things that may be
seized under section 21 or 22, as the case may be.

  (3) If things containing electronically stored information are moved to
another place for the purpose of examination or processing under subsection
(2), the inspector must, if it is practicable to do so:
  (a) tell the occupier the address of the place and the time at which the
examination or processing will be carried out; and
  (b) allow the occupier or a representative of the occupier to be present
during the examination or processing.

  (4) The inspector or a person helping the inspector may operate equipment
already at the premises to carry out the examination or processing of a thing
found at the premises in order to determine whether it is a thing that may be
seized under section 21 or 22, as the case may be, if the inspector or person
helping believes on reasonable grounds that:
  (a) the equipment is suitable for the examination or processing; and
  (b) the examination or processing can be carried out without damage to the
equipment or the thing.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 28
Use of electronic equipment at premises

  28.(1) Subject to subsection (4), if a thing found at premises that an
inspector has entered under section 21 or 22 is or includes records of
information in a written or electronic form, the inspector or a person helping
the inspector may operate, or the inspector may require the occupier or an
employee of the occupier who is present to operate, equipment at the premises
to see whether:
  (a) the equipment; or
  (b) a disk, tape or other storage device that:
    (i) is at the premises; and
    (ii) can be used with, or is associated with, the equipment;
contains records that are relevant to determining whether levy is payable
under this Act or an offence against this Act has been committed, as the case

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requires.

  (2) If the inspector or a person helping the inspector, after equipment at
the premises is operated, finds that the equipment contains records of that
kind or that a disk, tape or other storage device at the premises contains
records of that kind, he or she may:
  (a) seize the equipment or the disk, tape or other storage device; or
  (b) if the records can, by using facilities at the premises, be put in
documentary form-operate the facilities to put the records in that form and
seize the documents so produced; or
  (c) if the records can be transferred to a disk, tape or other storage
device:
    (i) that is brought to the premises; or
    (ii) that is at the premises and the use of which for the purpose
has been agreed to in writing by the occupier of the premises;
operate the equipment or other facilities to copy the records to the storage
device and remove the storage device from the premises.

  (3) An inspector or person helping an inspector may seize equipment under
paragraph (2)(a) only if:
  (a) it is not practicable to put the relevant records in documentary form as
mentioned in paragraph (2)(b) or to copy the records as mentioned in paragraph
(2)(c); or
  (b) possession by the occupier of the equipment could constitute an offence.

  (4) An inspector or a person helping an inspector must not operate equipment
for the purpose mentioned in subsection (1) unless the inspector or person
helping believes on reasonable grounds that the operation of the equipment can
be carried out without damage to the equipment.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 29
Compensation for damage to electronic equipment

  29.(1) If:
  (a) equipment is damaged because of being operated as mentioned in section
27 or 28; and
  (b) the damage was caused as a result of:
    (i) insufficient care being exercised in selecting the person who
was to operate the equipment; or
    (ii) insufficient care being exercised by the person operating the
equipment;
the NRA must pay compensation for the damage to the owner of the equipment.

  (2) In determining the amount of compensation payable, regard is to be had
to whether the occupier of the premises and the employees and agents of the
occupier, if they were available at the time, had provided any warning or
guidance as to the operation of the equipment that was appropriate in the
circumstances.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 30
Copies of seized things to be provided

  30.(1) Subject to subsection (2), if an inspector who has entered premises
under section 21 or 22 seizes:
  (a) a document, film, computer file or other thing that can be readily
copied; or
  (b) a storage device the information in which can be readily copied; the
inspector must, if requested to do so by the occupier of the premises or
another person who apparently represents the occupier and is present when the
seizure takes place, give a copy of the thing or the information to the
occupier or other person as soon as practicable after the seizure.

  (2) Subsection (1) does not apply if:
  (a) the thing that has been seized was seized under paragraph 28(2)(b) or
(c); or
  (b) possession by the occupier of the document, film, computer file, thing
or information could constitute an offence.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 31
Return of things that are seized

  31.(1) If an inspector seizes a thing under section 21 or 22, the inspector
must take reasonable steps to return it if the reason for its seizure no
longer exists.

  (2) If the thing has not been returned before the end of 60 days after its
seizure, the inspector must take reasonable steps to return it unless:
  (a) proceedings in which the thing may be used in evidence were begun before
the end of the 60 days and the proceedings (including an appeal to a court in
relation to the proceedings) have not been completed; or
  (b) the inspector may keep the thing because of an order under section 32;
or
  (c) the inspector is authorised by this Act or by an order of a court to

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keep, destroy or dispose of the thing.

  (3) If the thing is required to be returned, it must be returned to the
person from whom it was seized or, if that person is not entitled to possess
it, to the owner.

  (4) If there is a dispute as to the ownership of the thing, the inspector
may keep it until the dispute is resolved.

  (5) This section has effect subject to section 32.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 32
Court of summary jurisdiction may permit a thing to be kept

  32.(1) If:
  (a) before the end of 60 days after an inspector seizes a thing under
section 21 or 22; or
  (b) before the end of a period previously stated in an order of a court
under this section in respect of a thing seized by an inspector as mentioned
in paragraph (a);
proceedings in which the thing may be used in evidence have not been brought,
the inspector may apply to a court of summary jurisdiction for an order that
he or she may keep the thing for a further period.

  (2) If the court is satisfied that it is necessary for the inspector to
continue to keep the thing:
  (a) for the purposes of an investigation as to whether an offence has been
committed; or
  (b) to enable evidence of an offence to be secured for the purposes of a
prosecution;
the court may order that the inspector may keep the thing for a period stated
in the order.

  (3) If the court thinks that notice of the application should be given to
any person, it may require such a notice to be given before it hears the
application.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - PART 5
                            PART 5-MISCELLANEOUS


AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 33
Administrative Appeals Tribunal may review certain decisions by NRA

  33. An application may be made to the Administrative Appeals Tribunal for
review of:
  (a) a decision of the NRA determining, or refusing to determine, a later day
for the purposes of subparagraph (a)(i) of the definition of "prescribed date
for payment" in subsection 3(1); or
  (b) a decision of the NRA determining an amount under paragraph 6(a); or
  (c) a decision of the NRA under subsection 14(2) waiving, or refusing to
waive, the whole or part of the liability to pay an amount of late payment
penalty; or
  (d) a decision of the NRA allowing, or refusing to allow, a further period
for the making of a request under subsection 18(1).

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 34
Self-incrimination to be a reasonable excuse for non-compliance with
requirement

  34. It is a reasonable excuse for a person to refuse or fail to give
information, produce a document or do any other thing that the person is
required to do by or under this Act that the information, the production of
the document or the doing of that other thing would tend to incriminate the
person.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 35
Copying of documents

  35. If an inspector seizes a document under section 21 or 22, or a person
produces a document to an inspector in accordance with a requirement under
subsection 23(1), the inspector may make copies of, or take extracts from, the
document.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 36
Applicant for registration of chemical product to keep records

  36. A person who applies for registration, or the renewal of registration,
of a chemical product, or imports a chemical product into, or manufactures a
chemical product in, Australia must:
  (a) keep any records relating to the importation, manufacture or disposal of
the product that may be necessary to work out the total leviable value in
respect of the product for any period in respect of which levy may be payable
in respect of leviable disposals of the product; and
  (b) retain those records for 6 years.
Penalty: 30 penalty units.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 37
False or misleading information or document

  37. A person must not, in compliance or purported compliance with a
requirement made under this Act, do either or both of the following:
  (a) give information, whether orally or in writing, that the person knows to
be false or misleading in a material particular;
  (b) produce a document that the person knows to be false or misleading in a
material particular without:
    (i) indicating to the person to whom the document is produced that
it is false or misleading and the respect in which it is false or misleading;
and
    (ii) providing correct information to that person if the person
producing the document is in possession of, or can reasonably acquire, the
correct information.
Penalty: 30 penalty units.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 38
Exemptions from liability for damages

  38. No action, suit or other proceeding for damages lies against the
Commonwealth, the NRA, or any other Commonwealth authority, or a person who is
or has been an officer or employee of the Commonwealth, of the NRA or of any
other Commonwealth authority, or is or has been a delegate of the NRA, a
director of the NRA, a consultant to the NRA or an inspector, for or in
relation to anything done or omitted to be done in good faith in the
performance or purported performance of any function, or the exercise or
purported exercise of any power, conferred by this Act.

AGRICULTURAL AND VETERINARY CHEMICAL PRODUCTS (COLLECTION OF LEVY) ACT 1994
No. 41 of 1994 - SECT 39
Regulations

  39.(1) The Governor-General may make regulations prescribing matters:
  (a) required or permitted by this Act to be prescribed; or
  (b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act;
and, in particular, prescribing the way in which notices may be given by or to
the NRA under this Act.

  (2) The percentage that may be prescribed by the regulations for the
purposes of section 10, 11 or 12 must not exceed 2%.