Document ID: chunk:federal_register_of_legislation:C2024A00056:section:13
Version: federal_register_of_legislation:C2024A00056
Segment Type: section
Provision Reference: s 13
Character Range: 10008–11490

13  Imposition of levies
 (1) The regulations may impose a levy in relation to one or more specified goods:
 (a) that are for use in the production or preparation of nursery products:
 (i) for sale; or
 (ii) for use in the commercial production of other goods; and
 (b) in the circumstances prescribed by the regulations.
Note: Goods may be specified by name, by inclusion in a specified class, or in any other way.

Minister to be satisfied of matters
 (2) 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;
 (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 of excise
 (3) This section authorises the imposition of a levy only so far as the levy is a duty of excise within the meaning of section 55 of the Constitution.