Document ID: chunk:federal_register_of_legislation:C2024A00057:section:7
Version: federal_register_of_legislation:C2024A00057
Segment Type: section
Provision Reference: s 7
Character Range: 6279–7980

7  Imposition of levy
 (1) The regulations may impose a levy on the provision of a specified service that facilitates the production of a specified product that is produce of a primary industry.
Note: A service may be specified by name, by inclusion in a specified class, or in any other way.
 (2) Any regulations made for the purposes of subsection (1) must require the service to be one:
 (a) that involves the use or application of a specified product that is produce of a primary industry; and
 (b) that is provided on a commercial basis.

Minister to be satisfied of matters
 (3) Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the imposition of the levy will result in one or more of the following:
 (a) expenditure on the marketing, advertising or promotion of products of one or more primary industries;
 (b) expenditure on research and development activities for the benefit of one or more primary industries;
 (c) expenditure on activities, including biosecurity activities, relating to the promotion or maintenance of the health of plants, animals, fungi or algae;
 (d) expenditure on matters relating to a biosecurity response;
 (e) expenditure on activities relating to the National Residue Survey;
 (f) expenditure:
 (i) on any other activity prescribed by the regulations in relation to one or more primary industries; and
 (ii) for the benefit of one or more primary industries.

Duty neither a duty of customs nor a duty of excise
 (4) This section authorises the imposition of a levy only so far as the levy is neither a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution.