Meat Industry Act 1978

This Act may be cited as the Meat Industry Act 1978.

This section, section 1 and so much of this Act as is necessary to be in force for the purpose of the constitution of the roll referred to in section 45 (1) (e), and the conduct of any election of members of the Authority as first constituted or for any purpose incidental thereto shall commence on the date of assent to this Act.

Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

In this Act, the Food Authority means the NSW Food Authority constituted by the Food Act 2003.

In respect of a year commencing on 1 January, a meat industry levy shall be payable to the Food Authority by every occupier of land liable to pay an animal health rate in respect of that year under the Local Land Services Act 2013.

The amount of the levy payable by an occupier under subsection (1) is—

the sum of $5 together with an amount calculated at the rate of 0.9 cents (or such other rate as may be prescribed) for each stock unit of the notional carrying capacity of the land, as assessed by or under the Local Land Services Act 2013, in respect of which the animal health rate is payable, or

$100 (or such other amount as may be prescribed),

whichever is the lesser amount.

Notice of the amount of the meat industry levy payable under this section shall be given by service of a written notice on the occupier not later than the prescribed date in each year and may be given by the Food Authority or its agent.

Where an occupier of land is liable to pay 2 or more animal health rates in respect of any land within the same district within the meaning of the Rural Lands Protection Act 1998 immediately before its repeal, the amount of the meat industry levy payable may, on the application of the occupier to the Food Authority or its agent, be calculated in relation to the combined notional carrying capacity of each area of land in respect of which an animal health rate is payable.

Where an occupier of land within the same or different districts within the meaning of the Rural Lands Protection Act 1998 immediately before its repeal pays to the Food Authority or its agents meat industry levies in respect of different parcels of land the total of which exceed $100 or, if an amount is prescribed for the purposes of subsection (2) (b), that amount, the Food Authority or its agent shall, on the application of the occupier, refund to the occupier the amount of the excess.

If for any reason notice of the amount of the meat industry levy is not given within or by the time prescribed under this Act, the Minister may extend the time for the giving of the notice.

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.

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

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.

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.

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.

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.

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.

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.

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

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

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.

Where a person ceases to be the occupier or owner of any land in respect of which a meat industry levy is payable, the person shall continue to be liable to the Food Authority for the levy to the same extent as if the person had continued to be the occupier or owner of the land, if the notice of the amount of the levy is given either—

before the person ceases to be the occupier or owner of the land, or

before the Food Authority or its agent has received notice under section 59E(1) of the person ceasing to be the occupier or owner of the land.

Where a person who ceases to be the occupier or owner of any land pays to the Food Authority or its agent any meat industry levy which becomes due and payable after the person has ceased to be the occupier or owner of the land and before the Food Authority or its agent has received the notice under section 59E(1), the person may recover the amount from any person who thereafter becomes the occupier or owner, as the case may be, of the land.

As between successive occupiers or owners of land a meat industry levy shall be considered as accruing from day to day and shall be apportionable in respect of time accordingly.

A person shall, within one month of ceasing to be or becoming the occupier or owner of land in respect of which a meat industry levy is payable, give notice, in the form approved by the Food Authority, to the Food Authority or its agent.

Maximum penalty—5 penalty units.

Proceedings in respect of any offence under this section may, notwithstanding any limit of time prescribed by any Act for instituting proceedings, be commenced at any time within the period of 2 years after the commission of the offence.

A person who, in any year, becomes the occupier or owner of any land in respect of which a meat industry levy is due and payable for that year, shall be liable to the Food Authority for that meat industry levy and for all arrears of the levy owing by any previous occupier or owner in respect of the land, whether or not the person became the owner or occupier of the land after the meat industry levy became due and payable.

Subsection (1) does not affect or extend to an occupier of land the subject of a lease, licence or purchase from the Crown, where the lease or licence is granted or purchase is made after a levy referred to in that subsection is payable, whether or not the land has been previously held under a lease, licence or purchase from the Crown.

Any person may apply to the Food Authority for a certificate under this section as to the amount, if any, due or payable to the Food Authority by the occupier or owner of land for a meat industry levy in respect of the land or otherwise.

An application for a certificate referred to in subsection (3) shall be made in the form approved by the Food Authority and shall be accompanied by the prescribed fee.

A certificate referred to in subsection (3) shall be in the form approved by the Food Authority.

The production of a certificate referred to in subsection (3) shall be deemed to be conclusive proof in favour of a person who becomes an occupier or owner of the land to which the certificate relates that at the date of the certificate no levies, charges or sums other than those stated in the certificate were due or payable in respect of the land.

For the purposes of this section levies, charges or sums of money shall be deemed to be due or payable notwithstanding that the requisite period after service of any notice may not have expired.

If the occupier or owner of any land pays to the Food Authority or its agent any meat industry levy which accrued during the occupancy or ownership of the land by some other person, the occupier or owner may recover from that other person such proportion of the levy as accrued while that other person was the occupier or owner of the land.

In any proceedings for the recovery of any meat industry levy, objection to the validity of the levy shall not be allowed and shall not prevent the recovery of the levy.

An occupier or owner desiring to object to the validity of any meat industry levy may object to its validity before a prescribed court in the prescribed manner subject to such conditions and the payment of such fees as may be prescribed.

Overdue meat industry levies shall be increased in accordance with this section.

Where the whole or part of a meat industry levy is unpaid after the expiration of 60 days from the date on which the levy became due and payable to and recoverable by the Food Authority or its agent, the amount due shall be increased by a sum calculated at the prescribed rate per cent per annum, and the increase shall be deemed to be part of the levy.

The calculation under subsection (2) shall be made in respect only of as many complete months as have expired between the due date and the date of payment, excluding any remaining portion of a month.

If in any case the percentage is less than 10 cents, the increase shall be 10 cents.

This section shall continue to apply to all unpaid levies notwithstanding that judgment may have been obtained in any court, including the District Court.

Any meat industry levies not paid as required by this Part may be recovered by the Food Authority or its agent as a debt in any court of competent jurisdiction.

All meat industry levies due and payable by the same person, whether in respect of occupation or ownership of the same or different land, may be recovered by proceedings in one action or suit.

(Repealed)