Document ID: chunk:federal_register_of_legislation:C2004A03947:body:0:p16
Version: federal_register_of_legislation:C2004A03947
Segment Type: other
Provision Reference: 
Character Range: 39149–41907

account:

(a) the applicant's liability under subsection 6 (1) (if any) in the last completed year; and

    (b) any information that is available to the Secretary about the amount of the liability that the applicant is likely to incur in the year in which the application is made; and

  (c) any other information that the Secretary thinks is relevant.

SCHEDULE—continued

"(5) If a person is granted an exemption, the amount of levy is due for payment on 28 February of the year next following the year in which the honey was sold or used in the production of other goods, as the case may be, by the producer.

"(6) Where an exemption is in force, and the person granted the exemption lodges a return for the year to which the exemption relates, the Secretary must consider whether to continue the exemption for the next year.

"(7) The Secretary must, within 21 days of the lodgment of the return referred to in subsection (6):

  (a) make a decision to continue, or to refuse to continue, the exemption; and

  (b) notify the applicant in writing of the decision.

"(8) In considering whether to extend an exemption under subsection, the Secretary must take into account:

  (a) the person's liability (if any) under subsection 6 (1) or 6a (5) in the last completed year; and

    (b) any information that is available to the Secretary about the amount of the liability that the person is likely to incur in the current year; and

    (c) any other information that the Secretary thinks is relevant.

"(9) The Secretary may, by signed instrument, delegate all or any of the powers and functions of the Secretary under this section to an officer of the Department.

"(10) For the purposes of this section:

   (a) the prescribed amount per month is $100 or, if another amount is prescribed for the purposes of this paragraph, that other amount; and

   (b)the prescribed amount per year is $1,200 or, if another amount is prescribed for the purposes of this paragraph, that other amount.".

Subsection 12a (1):

  Omit the subsection, substitute the following subsection:

"(1) An application may be made to the Administrative Appeals Tribunal for review of a decision made by:

  (a) the Secretary, or a delegate of the Secretary, under subsection 6a (3) or (7); or

  (b) the Minister, or an authorised person, under subsection 8 (3).".

Subsection 12a (2):

  Omit "notice in writing of a decision made for the purposes of subsection",

SCHEDULE—continued

substitute "written notice of a decision made under subsection 6a (3), 6a (7) or".

Honey Marketing Act 1988

Paragraph 35 (1) (a):

  Omit "deterimation", substitute "determination".

Subsection 62 (1):

  Omit "commences", substitute "receives the Royal Assent".

Soil Conservation (Financial