Pigs and Bacon (Amendment) Act, 1939
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Recovery of levies. |
38.—(1) Where under any section contained in this Chapter of this Part of this Act a levy is payable, for a particular period, by a person who held a licence during the whole or any part of such period, the following provisions shall apply, that is to say:— | |
(a) the Commission shall, as soon as may be after the expiration of such period, ascertain the amount of such levy; | ||
(b) if the licence held by such person is revoked by the Minister under Part II of the Act of 1935, the amount of such levy may, if the Commission thinks fit, be ascertained by it immediately upon such revocation; | ||
(c) as soon as the amount of such levy has been so ascertained, the Commission shall make a certificate (in this section referred to as a certificate of indebtedness) certifying the period for which such levy is payable, the person by whom such levy is payable and the amount of such levy, and shall serve a copy of such certificate on such person. | ||
(2) Where a copy of a certificate of indebtedness is served on the person thereby certified as liable to pay the levy the subject thereof, the amount certified by such certificate shall become and be payable by such person to the Commission and shall, after the expiration of twenty-eight days from such service, be recoverable by the Commission as simple contract debt in a court of competent jurisdiction. | ||
(3) If any licensee fails or neglects to pay the amount certified by a certificate of indebtedness to be payable by him within four weeks after the service of a copy of such certificate on him, the Minister may revoke the licence in relation to which such amount is payable, but such revocation shall not relieve such person from liability to pay the said amount. | ||
(4) Where the Minister revokes a licence under the immediately preceding sub-section, sub-section (3) of section 30 (which relates to alteration and revocation of licences) of the Act of 1935 shall apply. | ||
(5) The expression “this Act” in sub-section (1) of section 3 (which relates to service of documents) of the Act of 1935 shall be construed as including this section. |