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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Primary
Industries (Excise) Levies Bill 1998
No.
, 1998
(Agriculture, Fisheries and
Forestry)
A Bill for an Act relating to the
imposition of primary industries levies that are duties of
excise
ISBN: 0642 379130
Contents
A Bill for an Act relating to the imposition of primary
industries levies that are duties of excise
The Parliament of Australia enacts:
This Act may be cited as the Primary Industries (Excise) Levies Act
1998.
(1) Subject to subsection (2), this Act commences on 1 July
1999.
(2) Schedule 26 commences on 1 January 2000.
The following is a simplified outline of this Act:
• This Act authorises the imposition of primary
industries levies that are duties of excise.
• Each of Schedules 1 to 26 imposes a
particular levy and makes provision for:
(a) the operative rate of the levy; and
(b) the maximum rate of the levy; and
(c) the person who is liable to pay the levy; and
(d) any exemptions from the levy.
• Schedule 27 allows the regulations to impose
levies. In addition to imposing a particular levy, regulations under Schedule 27
are to set out:
(a) the operative rate of the levy; and
(b) the person who is liable to pay the levy; and
(c) any exemptions from the levy.
• Schedule 27 sets out the maximum rate of levy
that can be imposed by regulations under that Schedule.
Unless the contrary intention appears, a word or expression has the same
meaning in a Schedule to this Act as it has in the Primary Industries Levies
and Charges Collection Act 1991.
This Act binds the Crown in right of each of the States, of the
Australian Capital Territory, of the Northern Territory and of Norfolk
Island.
This Act 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.
The Schedules have effect.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
In this Schedule:
cattle means bovine animals other than buffalo.
cold carcase weight means the weight of a carcase weighed 2
hours or more after slaughter.
hot carcase weight means the weight of a carcase weighed
within 2 hours after slaughtering.
marketing body has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
research body has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
weighing period, in relation to a carcase, means the period
of time between slaughter and the earlier of the following events:
(a) the lodging of the monthly return (as required by the Primary
Industries Levies and Charges Collection (Cattle and Live-stock) Regulations) in
which the hot carcase weight of the carcase should be included;
(b) levy on the carcase becomes due for payment (as provided in the
Primary Industries Levies and Charges Collection (Cattle and Live-stock)
Regulations).
(1) Levy is imposed on the slaughter at an abattoir of cattle for human
consumption, if the slaughter occurs after the commencement of this
Schedule.
(2) Levy is not imposed by this Schedule on the slaughter of cattle the
carcases of which are, under any applicable law of the Commonwealth or of a
State or Territory, condemned or rejected as being unfit for human
consumption.
(3) The regulations may provide that no amount of levy is payable by
owners of cattle under this Schedule.
(4) Despite anything else in this Schedule, if a regulation of the kind
referred to in subclause (3) is made, an amount of levy is not payable under
this Schedule on the slaughter of cattle in respect of any period while the
regulation is in force.
(1) The rate of levy imposed by this Schedule on the slaughter of cattle
consists of the sum of the amounts, per kilogram of the carcase of each head of
cattle slaughtered, that are referred to in the following paragraphs:
(a) the prescribed amount (not exceeding 6 cents);
(b) the prescribed amount (not exceeding 1 cent).
Note 1: Paragraph (a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (b) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
research body.
(2) For the purposes of the calculation of levy imposed by this Schedule,
the weight of a carcase is its hot carcase weight.
(3) If an abattoir does not determine the hot carcase weight of a carcase,
then, depending on which circumstance in the table is applicable, the hot
carcase weight is taken to be the weight specified in the table, and that weight
is taken to have been determined at the time of completing the
slaughter.
|
Hot carcase weight |
||
|---|---|---|
|
Item |
Circumstance |
Hot carcase weight |
|
1 |
The abattoir is able to determine a hot carcase weight but fails to do
so. |
240 kilograms |
|
2 |
The abattoir is unable to determine a hot carcase weight but determines a
cold carcase weight within the weighing period. |
Cold carcase weight multiplied by 1.03 |
|
3 |
The abattoir is unable to determine a hot carcase weight, is able to
determine a cold carcase weight but fails to do so within the weighing period.
|
240 kilograms |
|
4 |
The abattoir is unable to determine a hot carcase weight and is unable to
determine a cold carcase weight within the weighing period. |
240 kilograms |
Note: Section 24A of the Primary Industries Levies and
Charges Collection Act 1991 creates offences that apply in the following
situations:
(a) an abattoir is able to determine a hot carcase weight
but fails to do so;
(b) an abattoir is unable to determine a hot carcase weight,
is able to determine a cold carcase weight within the weighing period but fails
to do so.
The levy imposed by this Schedule on the slaughter of cattle is payable
by the owner of the cattle immediately after their hot carcase weight is
determined or taken to have been determined, as the case requires.
(1) The Minister may, by notice in the Gazette, declare a body to
be the body whose recommendation about the amount to be prescribed for the
purposes of paragraph 3(1)(a) or 3(1)(b) of this Schedule are to be taken into
consideration under subclause (2).
(2) If a declaration is in force under subclause (1), then, before the
Governor-General makes regulations for the purposes of the paragraph to which
the declaration relates, the Minister must take into consideration any relevant
recommendation made to the Minister by the body specified in the declaration in
relation to that paragraph.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Beef Production Levy Act 1990; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to a declaration if:
(a) the declaration was made for the purposes of a particular provision of
the Beef Production Levy Act 1990; and
(b) the declaration was in force immediately before the commencement of
this clause.
(2) The declaration has effect, after the commencement of this clause, as
if it had been made for the purposes of the corresponding provision of this
Schedule.
(1) Levy is imposed on the slaughter at an abattoir of buffaloes for human
consumption, if the slaughter occurs after the commencement of this
Schedule.
(2) Levy is not imposed by this Schedule:
(a) on the slaughter of buffaloes whose carcases are, under a law of the
Commonwealth or of a State or Territory, condemned or rejected as being unfit
for human consumption; or
(b) on the slaughter of buffaloes for consumption by the owner of the
buffaloes, by members of the owner’s family or by the owner’s
employees.
The rate of levy imposed by this Schedule on the slaughter of each head
of buffalo is the sum of the following amounts:
(a) $4.60 or, if another amount (not exceeding $18.00) is prescribed by
the regulations, the other amount;
(b) 73 cents or, if another amount (not exceeding $4.00) is prescribed by
the regulations, the other amount.
Note 1: Paragraph (a) identifies amounts that, under the
Primary Industries and Energy Research and Development Act 1989, are
destined for the Rural Industries Research and Development
Corporation.
Note 2: Paragraph (b) identifies amounts that, under the
National Cattle Disease Eradication Reserve Act 1991, are destined for
the National Cattle Disease Eradication Reserve.
Levy imposed by this Schedule payable on the slaughter of buffaloes is
payable by the person who owns the buffaloes when the slaughter takes
place.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Buffalo Slaughter Levy Act 1997; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
bobby calf means a bovine animal (other than a buffalo or a
head of lot-fed cattle):
(a) which has been slaughtered and the dressed weight of whose carcase did
not or does not exceed 40 kg; or
(b) which has not been slaughtered but which, at the time of the leviable
transaction or other dealing, had or has a liveweight that did not or does not
exceed 80 kg; or
(c) which has not been slaughtered or had its liveweight determined at the
time of the leviable transaction or other dealing but which, in the opinion of
the intermediary, would, if slaughtered at that time, have constituted or
constitute a carcase whose dressed weight would not have exceeded or would not
exceed 40 kg.
cattle means bovine animals other than buffalo.
dairy cattle means cattle that are, or, unless exported from
Australia, would be likely to be, held on licensed dairy premises for a purpose
related to commercial milk production, including, but without limiting the
generality of the above, bulls, calves and replacement heifers.
leviable bobby calf means a bobby calf to which subclause
6(4) does not apply.
licensed dairy farmer means the person having day to day
control of licensed dairy premises.
licensed dairy premises means premises that, under a law of
the State or Territory in which the premises are situated, are authorised for
use as a dairy farm.
lot-fed cattle means cattle that are, or are likely to be,
used in the production of grain-fed beef.
marketing body has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
research body has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
A reference in this Schedule to the
intermediary is a reference to the person required, under the
Primary Industries Levies and Charges Collection Act 1991, to pay to the
Commonwealth, on behalf of the producer, an amount equal to the amount of levy
imposed by this Schedule.
For the purposes of this Schedule, in determining the weight of a carcase
immediately after it has been dressed, no adjustment of that weight is to be
made on account of shrinkage.
For the purposes of this Schedule, the question whether companies were or
are related to each other is to be determined in the same manner as the question
whether 2 corporations are related to each other is determined under the
Corporations Law.
(1) Levy is imposed on:
(a) each transaction entered into after the commencement of this Schedule
by which the ownership of cattle is transferred from one person to another;
or
(b) the delivery, after the commencement of this Schedule, of cattle to a
processor otherwise than because of a sale to the processor; or
(c) the slaughter by a processor, after the commencement of this Schedule,
of cattle purchased by the processor and held for a period of more than 60 days
after the day of the purchase and before the day of the slaughter; or
(d) the slaughter by a processor, after the commencement of this Schedule,
of cattle in respect of which levy imposed by this Schedule would not be payable
under paragraph (a), (b) or (c).
(2) Levy is not imposed by this Schedule:
(a) on the sale of dairy cattle for dairying purposes; or
(b) on the sale of cattle at auction to the vendor; or
(c) on the sale or delivery of cattle between related companies, unless
the company buying or taking delivery was or is a processor; or
(d) on the delivery of cattle to a processor for slaughter on behalf of
the person delivering the cattle if:
(i) the delivery occurs within 14 days after the cattle were or are
acquired by that person; and
(ii) the cattle are afterwards slaughtered; and
(iii) the person continues to own the cattle immediately after their hot
carcase weight, within the meaning of Schedule 1, is determined or is taken, for
the purposes of that Schedule, to have been determined, as the case requires;
or
(e) on the sale or delivery of cattle to a processor, if the cattle are
not, at the time of the sale or delivery, fit for human consumption, under any
applicable law of the Commonwealth or of a State or Territory; or
(f) in circumstances where the ownership of the cattle changed or
changes:
(i) as a result of a sale or transfer ordered by a court in proceedings
under the Family Law Act 1975; or
(ii) by devolution on the death of the owner of the cattle; or
(iii) on the happening of events referred to in subsection 70-100(1) of
the Income Tax Assessment Act 1997; or
(g) on a leviable bobby calf on which levy imposed by this Schedule, or by
the repealed Cattle Transactions Levy Act 1997, has already been paid;
or
(h) in such other circumstances (if any) as are prescribed.
(3) For the purposes of paragraph (2)(a), dairy cattle are taken to be
sold for dairying purposes if:
(a) both the vendor and the purchaser are licensed dairy farmers;
or
(b) either the vendor or the purchaser is a licensed dairy farmer and the
cattle are being acquired for inclusion in, or eventual inclusion in, a herd of
dairy cattle.
(4) If cattle are delivered to a processor, otherwise than because of a
sale to the processor, for fattening or agistment for a period before slaughter
by the processor, the cattle:
(a) are taken not to have been delivered to the processor for the purposes
of paragraph (1)(b) unless they are slaughtered at the end of that period;
and
(b) if they are slaughtered at the end of that period, are taken to have
been delivered to the processor immediately before their slaughter.
(1) The rate of levy imposed by this Schedule on each head of cattle
(other than a head of lot-fed cattle or a leviable bobby calf) is the sum of the
following amounts:
(a) $2.16 or, if another amount (not exceeding $6.50) is prescribed by the
regulations, the other amount;
(b) 72 cents or, if another amount (not exceeding $2.00) is prescribed by
the regulations, the other amount;
(c) 17 cents or, if another amount (not exceeding $4.00) is prescribed by
the regulations, the other amount;
(d) 13 cents or, if another amount (not exceeding 50 cents) is prescribed
by the regulations, the other amount.
Note 1: Paragraph (a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (b) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
research body.
Note 3: Paragraph (c) identifies amounts that, under the
National Cattle Disease Eradication Reserve Act 1991, are destined for
the National Cattle Disease Eradication Reserve.
Note 4: Paragraph (d) identifies amounts that, under
Australian Animal Health Council (Live-stock Industries) Funding Act
1996, are destined for the Australian Animal Health
Council.
(2) The rate of levy imposed by this Schedule on each head of cattle that
is a leviable bobby calf is the sum of the following amounts:
(a) 48 cents or, if another amount (not exceeding $1.90) is prescribed by
the regulations, the other amount;
(b) 16 cents or, if another amount (not exceeding 40 cents) is prescribed
by the regulations, the other amount;
(c) the prescribed amount (not exceeding 20 cents), if any;
(d) the prescribed amount (not exceeding 50 cents), if any.
Note 1: Paragraph (a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (b) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
research body.
Note 3: Paragraph (c) identifies amounts that, under the
National Cattle Disease Eradication Reserve Act 1991, are destined for
the National Cattle Disease Eradication Reserve.
Note 4: Paragraph (d) identifies amounts that, under the
Australian Animal Health Council (Live-stock Industries) Funding Act
1996, are destined for the Australian Animal Health
Council.
(3) The rate of levy imposed by this Schedule on each head of lot-fed
cattle is the sum of the following amounts:
(a) $2.16 or, if another amount (not exceeding $6.50) is prescribed by the
regulations, the other amount;
(b) 72 cents or, if another amount (not exceeding $2.00) is prescribed by
the regulations, the other amount;
(c) 17 cents or, if another amount (not exceeding $4.00) is prescribed by
the regulations, the other amount;
(d) 13 cents or, if another amount (not exceeding 50 cents) is prescribed
by the regulations, the other amount.
Note 1: Paragraph (a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (b) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
research body.
Note 3: Paragraph (c) identifies amounts that, under the
National Cattle Disease Eradication Reserve Act 1991, are destined for
the National Cattle Disease Eradication Reserve.
Note 4: Paragraph (d) identifies amounts that, under the
Australian Animal Health Council (Live-stock Industries) Funding Act
1996, are destined for the Australian Animal Health
Council.
(4) For the purposes of subclause (1), a cow with a calf at foot are
together taken to constitute a single head of cattle.
(1) Levy imposed by this Schedule on a transaction by paragraph 5(1)(a) of
this Schedule is payable by the person who owned the cattle immediately before
the transaction was entered into.
(2) Levy imposed by this Schedule on a delivery of cattle by paragraph
5(1)(b) of this Schedule is payable by the person who owned the cattle
immediately before the delivery.
(3) Levy imposed by this Schedule on the slaughter of cattle by paragraph
5(1)(c) or 5(1)(d) of this Schedule is payable by the person who owned the
cattle at the time of the slaughter.
(1) The Minister may, by notice in the Gazette, declare a body to
be the body whose recommendations about the amount to be prescribed for the
purposes of paragraph 6(1)(a), 6(1)(b), 6(1)(d), 6(2)(a), 6(2)(b), 6(2)(d),
6(3)(a), 6(3)(b) or 6(3)(d) of this Schedule are to be taken into consideration
under subclause (2).
(2) If a declaration is in force under subclause (1), then, before the
Governor-General makes regulations for the purposes of the paragraph to which
the declaration relates, the Minister must take into consideration any relevant
recommendation made to the Minister by the body specified in the declaration in
relation to that paragraph.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Cattle Transactions Levy Act 1997; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to a declaration if:
(a) the declaration was made for the purposes of a particular provision of
the Cattle Transactions Levy Act 1997; and
(b) the declaration was in force immediately before the commencement of
this clause.
(2) The declaration has effect, after the commencement of this clause, as
if it had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
barley means Hordeum spp.
cereal rye means Secale cereale.
class means a class of a kind of grain covered by the
definition of leviable coarse grain.
growers’ organisation means:
(a) in relation to grain harvested from triticale:
(i) the organisation known as the Triticale Grain Association of
Australia; or
(ii) if another organisation is specified in the regulations—that
other organisation; or
(b) in relation to any grain other than grain harvested from
triticale:
(i) the organisation known as the Grains Council of Australia;
or
(ii) if another organisation is specified in the regulations—that
other organisation.
leviable amount, in relation to a levy year, means:
(a) $50; or
(b) if, before the commencement of the levy year, another amount is
prescribed in relation to that year, that prescribed amount.
leviable coarse grain means:
(a) the grain harvested from:
(i) barley; or
(ii) triticale; or
(iii) oats; or
(iv) cereal rye; or
(b) any other kind of coarse grain prescribed for the purposes of this
definition.
oats means Avena sativa.
triticale means Triticosecale spp.
value means sale value ascertained in accordance with the
regulations.
(1) For the purposes of this Schedule, if:
(a) a producer of leviable coarse grain:
(i) causes or permits the grain to be delivered to another person;
or
(ii) allows another person to take the grain out of the producer’s
possession or control; or
(b) leviable coarse grain is taken out of the possession or control of the
producer by another person in accordance with a marketing law;
the producer of the grain is taken to have delivered the grain to the other
person.
(2) For the purposes of this Schedule, if a producer of leviable coarse
grain delivers the grain to a person for carriage (either by that person or by a
succession of persons starting with that person) to another person (the
receiver) otherwise than for further carriage, the delivery is taken to
have been to the receiver.
If the ownership of leviable coarse grain passes from the producer of the
grain to:
(a) a person in a way that does not involve the delivery of the grain to
that person; or
(b) a number of persons in succession in ways none of which involves the
delivery of the grain to any person;
a reference in this Schedule to the producer is, in relation
to the grain, taken to be a reference to that person or to the last of those
persons, as the case may be.
If grain of a particular kind or kinds becomes leviable coarse grain
during a financial year because of a regulation made for the purposes of the
definition of leviable coarse grain in clause 1, a reference in
this Schedule to:
(a) leviable coarse grain delivered in that year; or
(b) leviable coarse grain processed in that year;
does not include a reference to any grain of the kind or kinds prescribed
by that regulation that was delivered or processed, as the case may be, before
the date of commencement of that regulation.
(1) Levy is imposed on leviable coarse grain produced in Australia
(whether before or after the commencement of this clause) if the producer of the
grain:
(a) delivers the grain to another person (otherwise than for storage on
behalf of the producer); or
(b) processes the grain;
after the commencement of this Schedule.
(2) If, in a levy year:
(a) leviable coarse grain is delivered to a particular person by producers
of leviable coarse grain; and
(b) apart from this subclause, the total amount of levy imposed by this
Schedule on the grain would be less than the leviable amount;
levy is not imposed by this Schedule on the grain.
(3) Levy is not imposed by this Schedule on leviable coarse grain
if:
(a) the grain is processed by or for the producer; and
(b) all the products and by-products of the processing of the grain are
used by the producer for domestic purposes but not for commercial
purposes.
(4) If, in a levy year:
(a) a producer processes leviable coarse grain that the producer has
produced; and
(b) paragraph (3)(b) does not apply in respect of the grain; and
(c) apart from this subclause, the total amount of levy imposed by this
Schedule on the grain would be less than the leviable amount;
levy is not imposed by this Schedule on the grain.
(5) The regulations may exempt a specified class of leviable coarse grain
from levy imposed by this Schedule.
(1) The rate of levy imposed by this Schedule in respect of grain
harvested from oats, cereal rye, barley or triticale is:
(a) 1% of the value of the grain; or
(b) if another rate (not exceeding 5% of the value of the grain) is
prescribed in respect of that grain—the other rate.
(2) If a coarse grain is prescribed for the purposes of the definition of
leviable coarse grain in clause 1, the rate of levy in respect of
the grain is such rate (not exceeding 5% of the value of the grain) as is
prescribed in respect of that grain.
Levy imposed by this Schedule on leviable coarse grain is payable by the
producer of the grain.
Before the Governor-General makes regulations in relation to a kind of
grain for the purposes of:
(a) the definition of leviable amount in clause 1;
or
(b) the definition of leviable coarse grain in clause 1;
or
(c) clause 6;
the Minister must take into consideration any relevant recommendation made
to the Minister by the growers’ organisation.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Coarse Grains Levy Act 1992; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
growers’ organisation means the organisation known as
the Australian Cotton Growers’ Research Association or such other
organisation that is prescribed for the purposes of this definition.
leviable cotton means the natural fibrous hairs that are
produced from seed cotton by separating the hairs from the seeds and not further
processing those hairs.
seed cotton means cotton seed, with the natural fibrous hairs
attached, as extracted from the ripened bolls of a cotton plant.
Levy is imposed on leviable cotton produced in Australia after the
commencement of this Schedule.
The rate of levy imposed by this Schedule in respect of leviable cotton
is $1.75 per 227 kg or, if another rate (not exceeding $3.0267 per 227 kg) is
prescribed for the purposes of this clause, the other rate.
Levy imposed by this Schedule on leviable cotton is payable by the
producer of the cotton.
Before the Governor-General makes a regulation for the purposes of clause
3, the Minister must take into consideration any relevant recommendation made to
the Minister by the growers’ organisation.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Cotton Levy Act 1982; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
Australian Bureau of Agricultural and Resource Economics
means the organisation established within the Department under that
name.
Council means the association by the name of the Australian
Dairy Industry Council Inc. that is incorporated under the Associations
Incorporation Act 1981 of Victoria.
Federation means the company known as the Australian Dairy
Farmers’ Federation Limited that is incorporated under the Corporations
Law.
manufacturer means a person who carries on a business that
consists of, or includes, the manufacture of dairy produce.
milk means the lacteal fluid product of a dairy
cow.
milk fat means the fatty substance of milk.
month means any of the 12 months of the calendar
year.
relevant dairy produce means dairy produce that is:
(a) whole milk; or
(b) whole milk products.
whole milk means whole milk produced in Australia.
whole milk product means a product that:
(a) is produced by modifying, or extracting material from, whole milk;
and
(b) consists of, or contains, milk fat.
For the purposes of this Schedule, a person who applies any process to
relevant dairy produce is taken to use the relevant dairy produce in the
manufacture of dairy produce unless:
(a) the process consists only of chilling; and
(b) the person is the producer of the relevant dairy produce.
For the purposes of this Schedule, a person is a prescribed exporter in
relation to a financial year if:
(a) the person has an export milk fat component or an export protein
component, or both, within the meaning of clause 8 for a month or months of the
year; or
(b) during the year, the person has exported dairy produce and:
(i) manufacturing milk levy was imposed on relevant dairy produce used,
whether by that person or by another person, in the manufacture of the exported
dairy produce; and
(ii) the export of the dairy produce has not been taken into account for
the purposes of subclause 8(2).
For the purposes of this Schedule, an export of dairy produce constitutes
a relevant export if:
(a) the export of the dairy produce has been taken into account for the
purposes of subclause 8(2); or
(b) both of the following conditions are satisfied:
(i) manufacturing milk levy was imposed on relevant dairy produce used,
whether by the person who exported the dairy produce or by another person, in
the manufacture of the exported dairy produce;
(ii) the export of the dairy produce has not been taken into account for
the purposes of subclause 8(2).
For the purposes of this Schedule, the question whether a body corporate
is related to another body corporate is to be determined in the same way as the
question whether bodies corporate are related to each other is determined for
the purposes of the Corporations Law.
(1) Levies are imposed as follows:
(a) market milk levy is imposed on relevant dairy produce, supplied by the
producer during a month ending after 30 June 1999 and before 1 July 2000,
in relation to which the producer has received, or is entitled to receive, a
payment relating to liquid milk for human consumption in Australia;
(b) a levy to be known as the manufacturing milk levy is imposed on
relevant dairy produce:
(i) delivered to a manufacturer by the producer during a month ending
after 30 June 1999 and before 1 July 2000; or
(ii) produced by a manufacturer and used by the manufacturer, during a
month ending after 30 June 1999 and before 1 July 2000, in the manufacture of
dairy produce;
other than dairy produce referred to in paragraph (a);
(c) a levy to be known as the acquisition offset levy is imposed on the
total quantity of dairy produce acquired by a prescribed exporter or, if the
prescribed exporter is a body corporate, by a body corporate (other than a
prescribed exporter) that is related to the prescribed exporter, during a
financial year commencing on or after 1 July 1999, being dairy produce imported
into Australia after the commencement of this Schedule and on which charge or
levy has not been paid, and is not payable, under any of the following
provisions:
(i) clause 2 or 3 of Schedule 4 to the Primary Industries (Customs)
Charges Act 1998;
(ii) section 8 or 9 of the repealed Dairy Produce Levy (No. 2) Act
1986;
(d) a levy to be known as the Corporation levy is imposed on relevant
dairy produce:
(i) delivered to a manufacturer by the producer after the commencement of
this Schedule; or
(ii) produced by a manufacturer after the commencement of this Schedule
and used by the manufacturer in the manufacture of dairy produce;
(e) a levy to be known as the promotion levy is imposed on relevant dairy
produce:
(i) delivered to a manufacturer by the producer after the commencement of
this Schedule; or
(ii) produced by a manufacturer after the commencement of this Schedule
and used by the manufacturer in the manufacture of dairy produce;
(f) a levy to be known as the research levy is imposed on relevant dairy
produce:
(i) delivered to a manufacturer by the producer after the commencement of
this Schedule; or
(ii) produced by a manufacturer after the commencement of this Schedule
and used by the manufacturer in the manufacture of dairy produce;
(g) a levy to be known as the Australian Animal Health Council levy is
imposed on relevant dairy produce:
(i) delivered to a manufacturer by the producer after the commencement of
this Schedule; or
(ii) produced by a manufacturer after the commencement of this Schedule
and used by the manufacturer in the manufacture of dairy produce.
(2) If a levy is imposed by a paragraph of subclause (1) on particular
relevant dairy produce, the paragraph does not have the effect of imposing any
further levy on:
(a) that relevant dairy produce; or
(b) relevant dairy produce produced by modifying, or extracting material
from, the first-mentioned relevant dairy produce.
(3) If a levy has been imposed by a paragraph of section 5 of the repealed
Dairy Produce Levy (No. 1) Act 1986 on particular relevant dairy produce,
the corresponding paragraph of subclause (1) does not have the effect of
imposing any further levy on:
(a) that relevant dairy produce; or
(b) relevant dairy produce produced by modifying, or extracting material
from, the first-mentioned relevant dairy produce.
The amount of the market milk levy imposed by clause 6 on relevant dairy
produce in relation to which the producer has received, or is entitled to
receive, a payment relating to a month is the total of:
(a) an amount calculated at the milk fat rate prescribed in relation to
that levy for that month on the milk fat content of the relevant dairy produce
before it leaves the farm where it was produced; and
(b) an amount calculated at the protein rate prescribed in relation to
that levy for that month on the protein content of the relevant dairy produce
before it leaves the farm where it was produced.
(1) In this clause:
milk fat rate, in relation to a month, means the milk fat
rate prescribed in relation to the manufacturing milk levy for that
month.
protein rate, in relation to a month, means the protein rate
prescribed in relation to the manufacturing milk levy for that month.
(2) The amount of the manufacturing milk levy imposed by clause 6 on
relevant dairy produce delivered to, or used by, a manufacturer during a month
is the total of:
(a) an amount calculated at the milk fat rate for the month on the milk
fat content of the relevant dairy produce before it was so delivered or used;
and
(b) an amount calculated at the protein rate for the month on the protein
content of the relevant dairy produce before it was so delivered or
used;
less the total of:
(c) the manufacturer’s export milk fat component for the month;
and
(d) the manufacturer’s export protein component for the
month.
(3) A manufacturer’s export milk fat component for a month is the
amount calculated at the milk fat rate for the month on the milk fat content
of:
(a) dairy produce exported by the manufacturer during the month;
and
(b) dairy produce manufactured by the manufacturer and exported, during
the month, by another person.
(4) A manufacturer’s export protein component for a month is the
amount calculated at the protein rate for the month on the protein content
of:
(a) dairy produce exported by the manufacturer during the month;
and
(b) dairy produce manufactured by the manufacturer and exported, during
the month, by another person.
(5) If, in relation to a particular manufacturer and a particular month,
the total of the amounts referred to in paragraphs (2)(c) and (d) exceeds the
total of the amounts referred to in paragraphs (2)(a) and (b), no manufacturing
milk levy is payable by the manufacturer in relation to the month.
(1) Subject to subclause (2), the amount of the levy imposed by paragraph
6(1)(c) of this Schedule on dairy produce acquired by a prescribed exporter or,
if the prescribed exporter is a body corporate, by a body corporate that is
related to the prescribed exporter, during a financial year is calculated as
follows:
(a) in respect of each quantity of dairy produce acquired:
(i) an amount is calculated at the milk fat rate for the month in which
the dairy produce was acquired on the milk fat content of the dairy produce when
acquired; and
(ii) an amount is calculated at the protein rate for the month in which
the dairy produce was acquired on the protein content of the dairy produce when
acquired;
(b) the amount of the levy is an amount equal to the total of the amounts
calculated under paragraph (a) in respect of dairy produce acquired during the
year.
(2) If, apart from this subclause, the amount of the levy imposed by
paragraph 6(1)(c) of this Schedule on dairy produce acquired by a prescribed
exporter or, if the prescribed exporter is a body corporate, by a body corporate
that is related to the prescribed exporter, during a financial year would exceed
the maximum amount, the amount of the levy imposed in respect of that dairy
produce is an amount equal to the maximum amount.
(3) Except in a case to which subclause (4) applies, the maximum amount of
the levy imposed by paragraph 6(1)(c) of this Schedule on dairy produce acquired
by a prescribed exporter or, if the prescribed exporter is a body corporate, by
a body corporate that is related to the prescribed exporter, during a financial
year is an amount calculated as follows:
(a) in respect of each quantity of dairy produce the subject of a relevant
export by the prescribed exporter during the financial year:
(i) an amount is calculated at the milk fat rate for the month in which
the dairy produce was exported on the milk fat content of the dairy produce;
and
(ii) an amount is calculated at the protein rate for the month in which
the dairy produce was exported on the protein content of the dairy
produce;
(b) the amounts calculated under paragraph (a) are added
together;
(c) if charge or levy has been paid, or is payable, by the prescribed
exporter under clause 2 of Schedule 4 to the Primary Industries (Customs)
Charges Act 1998, or under section 8 of the repealed Dairy
Produce Levy (No. 2) Act 1986, in respect of the importation, during
the financial year, of any dairy produce and the amount so paid or payable is
less than the amount arrived at under paragraph (b), the maximum amount is the
amount equal to the difference between the amount arrived at under paragraph (b)
and the amount of charge or levy paid or payable;
(d) if no deduction is made under paragraph (c), the total amount arrived
at under paragraph (b) is the maximum amount.
(4) If:
(a) charge or levy has been paid, or is payable, by the prescribed
exporter under clause 2 of Schedule 4 to the Primary Industries (Customs)
Charges Act 1998, or under section 8 of the repealed Dairy Produce Levy
(No. 2) Act 1986 in respect of the importation, during the financial year,
of any dairy produce; and
(b) the amount so paid or payable equals or exceeds the amount arrived at
under paragraph (3)(b);
acquisition offset levy is not imposed by this Schedule on the acquisition
of the dairy produce by the prescribed exporter or, if the prescribed exporter
is a body corporate, by a body corporate related to that prescribed
exporter.
(5) In subclauses (1) and (3), a reference to the milk fat rate or the
protein rate for a month is a reference to the milk fat rate or the protein
rate, as the case may be, prescribed in relation to the manufacturing milk levy
for that month.
(1) The amount of a levy imposed by paragraph 6(1)(d), (e), (f) or (g) of
this Schedule on relevant dairy produce is the total of:
(a) an amount calculated at the milk fat rate prescribed in relation to
that levy on the milk fat content of the dairy produce; and
(b) an amount calculated at the protein rate prescribed in relation to
that levy on the protein content of the dairy produce.
(2) In subclause (1), the milk fat content of the relevant dairy produce
is the milk fat content of the produce before it is delivered to or used by the
manufacturer.
(3) In subclause (1), the protein content of the relevant dairy produce is
the protein content of the produce before it is delivered to or used by the
manufacturer.
The milk fat rate prescribed in relation to the levy specified in column
1 of an item in the following table must not exceed the rate specified in column
2 of the item.
|
Milk fat rate |
||
|---|---|---|
|
Item |
Column 1 |
Column 2 |
|
1 |
Market milk levy |
15.750 cents per kilogram |
|
2 |
Manufacturing milk levy |
45.000 cents per kilogram |
|
3 |
Corporation levy |
0.875 cent per kilogram |
|
4 |
Promotion levy |
2.800 cents per kilogram |
|
5 |
Research levy |
1.750 cents per kilogram |
|
6 |
Australian Animal Health Council levy |
0.058 cent per kilogram |
The protein rate prescribed in relation to the levy specified in column 1
of an item in the following table must not exceed the rate specified in column 2
of the item.
|
Protein rate |
||
|---|---|---|
|
Item |
Column 1 |
Column 2 |
|
1 |
Market milk levy |
38.39060 cents per kilogram |
|
2 |
Manufacturing milk levy |
110.00000 cents per kilogram |
|
3 |
Corporation levy |
2.13281 cents per kilogram |
|
4 |
Promotion levy |
6.82500 cents per kilogram |
|
5 |
Research levy |
4.26562 cents per kilogram |
|
6 |
Australian Animal Health Council levy |
0.13850 cent per kilogram |
(1) The market milk levy imposed by this Schedule on relevant dairy
produce is payable by the producer of the relevant dairy produce.
(2) The manufacturing milk levy imposed by this Schedule on relevant dairy
produce delivered to, or used by, a manufacturer of dairy produce is payable by
the manufacturer.
(3) The acquisition offset levy imposed by this Schedule on dairy produce
acquired by a prescribed exporter or, if the prescribed exporter is a body
corporate, by a body corporate that is related to the prescribed exporter, is
payable by the prescribed exporter.
(4) The following levies imposed by this Schedule on relevant dairy
produce are payable by the producer of the relevant dairy produce:
(a) the Corporation levy;
(b) the promotion levy;
(c) the research levy;
(d) the Australian Animal Health Council levy.
(1) Before the Governor-General makes regulations prescribing a rate for
the purposes of clause 7 or 10 (except so far as clause 10 relates to paragraph
6(1)(g) of this Schedule), the Minister must take into consideration any report
relating to the proposed regulations made to the Minister by the executive of
the Council.
(2) Before the Governor-General makes regulations prescribing a rate for
the purposes of clause 10 (so far as it relates to paragraph 6(1)(g) of this
Schedule), the Minister must take into consideration any report relating to the
proposed regulations made to the Minister by the executive of the
Federation.
(3) Before the Governor-General makes regulations prescribing a rate for
the purposes of subclause 8(1), the Minister must take into consideration any
report relating to the proposed regulations made to the Minister by the
Executive Director of the Australian Bureau of Agricultural and Resource
Economics.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Dairy Produce Levy (No. 1) Act 1986; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
cold dressed carcase weight in relation to a slaughtered
deer, means the weight of its dressed carcase determined in accordance with the
regulations.
dressed carcase has the meaning that is specified in the
regulations.
hot dressed carcase weight in relation to a slaughtered deer,
means the weight of its dressed carcase determined in accordance with the
regulations.
representative industry organisation means:
(a) the organisation known as the Deer Industry Association of Australia
Limited; or
(b) if another organisation is specified in the regulations—that
organisation.
(1) Levy is imposed on the slaughter at an abattoir of deer intended for
human consumption, if the slaughter occurs after the commencement of this
Schedule.
(2) Levy is not imposed by this Schedule on the slaughter of deer if,
under any law of the Commonwealth or of a State or Territory, the carcase of the
deer slaughtered is condemned or rejected as being unfit for human
consumption.
(1) The rate of levy imposed by this Schedule on deer slaughtered at an
abattoir where the hot dressed carcase weight of the slaughtered deer is
determined is the prescribed amount per kilogram of that weight of each
slaughtered deer.
(2) The rate of levy imposed by this Schedule on deer slaughtered at an
abattoir where the cold dressed carcase weight of the slaughtered deer is
determined is the prescribed amount per kilogram of that weight of each
slaughtered deer, multiplied by 1.03.
(3) The rate of levy imposed by this Schedule on deer slaughtered at an
abattoir where neither the hot dressed carcase weight nor the cold dressed
carcase weight of the slaughtered deer is determined is the prescribed amount
per kilogram of the deemed carcase weight of each slaughtered deer.
(4) In this clause:
deemed carcase weight, in relation to each slaughtered deer
to which subclause (3) applies, is 60 kilograms.
prescribed amount, in relation to hot dressed carcase weight,
cold dressed carcase weight or deemed carcase weight, means:
(a) if an amount, not exceeding 30 cents, is specified in the regulations
in respect of that weight—that amount; or
(b) if no amount is specified in the regulations in respect of that
weight—18 cents.
Levy imposed by this Schedule on the slaughter of deer is payable by the
producer of the deer.
Before the Governor-General makes a regulation specifying an amount for
the purposes of paragraph (a) of the definition of prescribed
amount in subclause 3(4), the Minister must take into consideration any
relevant recommendation made to the Minister by a representative industry
organisation.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Deer Slaughter Levy Act 1992; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
declared value in relation to deer velvet used in the
production of other goods, means the amount determined by the Secretary under
subclause 5(2).
deer velvet means the developing antler of deer together with
its cutaneous covering, harvested as living tissue.
designated organisation means:
(a) the Australian Deer Horn and Co Products Pty Ltd; or
(b) if another organisation is specified in the regulations—that
other organisation.
representative industry organisation means:
(a) the organisation known as the Deer Industry Association of Australia
Limited; or
(b) if another organisation is specified in the regulations—that
other organisation.
sale value, in relation to deer velvet, means the price paid
for the deer velvet.
senior officer means:
(a) a person who holds or performs the duties of a Senior Executive
Service office or position in the Department; or
(b) a person who holds or performs the duties of a DPIE Band 3 office or
position, or an equivalent office or position, in the Department.
(1) Levy is imposed on deer velvet produced in Australia (whether before
or after the commencement of this Schedule) that is sold by the producer after
the commencement of this Schedule.
(2) Levy is not imposed by this clause on deer velvet if levy has already
been imposed by this Schedule, or by the repealed Deer Velvet Levy Act
1992, on that deer velvet.
(1) Levy is imposed on deer velvet that is:
(a) produced in Australia (whether before or after the commencement of
this Schedule); and
(b) used by or on behalf of the producer in the production of other goods,
if the use occurs after the commencement of this Schedule.
(2) Levy is not imposed by this clause on deer velvet if levy has already
been imposed by this Schedule, or by the repealed Deer Velvet Levy Act
1992, on that deer velvet.
(1) The rate of levy imposed by clause 2 on deer velvet is:
(a) the percentage of the sale value of the deer velvet that is specified
in the regulations; or
(b) if no percentage is specified in the regulations—5% of the sale
value of the deer velvet.
(2) For the purposes of paragraph (1)(a), the percentage specified in the
regulations must not exceed 7% of the sale value of the deer velvet.
(1) The rate of levy imposed by clause 3 on deer velvet is:
(a) the percentage of the declared value of the deer velvet that is
specified in the regulations; or
(b) if no percentage is specified in the regulations—5% of the
declared value of the deer velvet.
(2) Subject to subclause (3), for the purposes of calculating the amount
of levy imposed by this Schedule on deer velvet used in the production of other
goods, the declared value of that deer velvet is the amount that the Secretary
determines as the value of that deer velvet.
Note: A determination by the Secretary of the declared value
of deer velvet used in the production of other goods is reviewable under section
28 of the Primary Industries Levies and Charges Collection Act
1991.
(3) In determining the declared value of a quantity of deer velvet used in
the production of other goods, the Secretary must have regard only to the
following:
(a) the quantity of deer velvet used;
(b) the quality of that deer velvet;
(c) the price for deer velvet of that quality:
(i) published by, or by authority of, the designated organisation;
and
(ii) applicable at the time the deer velvet is used in the production of
other goods;
(d) the matters (if any) specified in the regulations.
(4) The Secretary may, by writing, delegate the power to determine the
declared value of deer velvet under subclause (2) to a senior officer.
(5) For the purposes of paragraph (1)(a), the percentage specified in the
regulations must not exceed 7% of the declared value of the deer
velvet.
Levy imposed by this Schedule on deer velvet is payable by the producer
of the deer velvet.
Before the Governor-General makes a regulation specifying a percentage
for the purposes of subclause 4(1) or 5(1), the Minister must take into
consideration any relevant recommendation made to the Minister by a
representative industry organisation.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Deer Velvet Levy Act 1992; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to a determination if:
(a) the determination was made for the purposes of a particular provision
of the Deer Velvet Levy Act 1992; and
(b) the determination was in force immediately before the commencement of
this clause.
(2) The determination has effect, after the commencement of this clause,
as if it had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to a delegation if:
(a) the delegation was made for the purposes of a particular provision of
the Deer Velvet Levy Act 1992; and
(b) the delegation was in force immediately before the commencement of
this clause.
(2) The delegation has effect, after the commencement of this clause, as
if it had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
dried fruits means dried tree fruits or dried vine
fruits.
dried tree fruits means dried apricots, dried pears, dried
peaches, dried nectarines or dried plums.
dried vine fruits means dried currant grapes, dried sultana
grapes or dried raisin grapes.
R&D authority means:
(a) if the levy imposed by this Schedule is not attached to an R&D
Corporation or R&D Fund under section 5 of the Primary Industries and
Energy Research and Development Act 1989—the Dried Fruits Research
Council established under subsection 11(1) of the Rural Industries Research
Act 1985; or
(b) if the levy imposed by this Schedule is attached to an R&D
Corporation under section 5 of the Primary Industries and Energy Research and
Development Act 1989—the R&D Corporation; or
(c) if the levy imposed by this Schedule is attached to an R&D Fund
under section 5 of that Act—the R&D Council in respect of which the
R&D Fund is established under that Act.
R&D Corporation has the same meaning as in the Primary
Industries and Energy Research and Development Act 1989.
R&D Council has the same meaning as in the Primary
Industries and Energy Research and Development Act 1989.
R&D Fund has the same meaning as in the Primary
Industries and Energy Research and Development Act 1989.
For the purposes of this Schedule, dried fruits are taken to have been
received for processing:
(a) in the case of dried fruits that were produced from fresh fruits
outside a processing establishment—upon the dried fruits first entering a
processing establishment from outside the processing establishment; or
(b) in the case of dried fruits that were produced from fresh fruits in a
processing establishment—as soon as the dried fruits were so
produced.
Levy is imposed on dried fruits received for processing, if the receipt
occurs after the commencement of this Schedule.
(1) The regulations may fix an amount per tonne as the rate of levy
imposed by this Schedule in respect of a specified kind of dried
fruits.
(2) The rate of levy imposed by this Schedule must not exceed:
(a) in the case of dried vine fruits—$10.00 per tonne; or
(b) in the case of dried tree fruits—$30.00 per tonne.
(3) Different rates may be prescribed for different kinds of dried
fruits.
(4) Subclause (3) does not, by implication, limit the application of
subsection 33(3A) of the Acts Interpretation Act 1901.
(5) For the purposes of the calculation of levy imposed by this Schedule,
the weight of any dried fruits is their weight at the time when they were
received for processing.
Levy imposed by this Schedule on dried fruits is payable by the producer
of the dried fruits.
Before the Governor-General makes a regulation for the purposes of clause
4, the Minister must take into consideration any relevant recommendation made to
the Minister by the R&D authority.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Dried Fruits Levy Act 1971; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
industry body means an industry body declared under section 7
of the Primary Industries and Energy Research and Development Act 1989 to
be a representative organisation in relation to an R&D Corporation
established under section 8 of that Act in respect of forest
industries.
logs means logs that have not undergone any form of
processing other than:
(a) debarking; or
(b) any other process prescribed by regulations made for the purposes of
this paragraph.
mill means premises at which logs are subjected to a process
other than a process of a kind referred to in paragraph (a) or (b) of the
definition of logs.
operator of a mill means the person who processes logs at the
mill.
(1) Levy is imposed on logs that are produced in Australia (whether before
or after the commencement of this Schedule) and delivered to a mill in Australia
after the commencement of this Schedule.
(2) Levy is not imposed by this Schedule on logs if:
(a) the products and by-products from processing the logs are for use by
the operator for domestic purposes but not for commercial purposes; or
(b) the logs were produced from trees that were grown on a farm operated
by the operator and the products and by-products from processing the logs are
for use on that farm; or
(c) the logs are processed for the purpose of producing fuel wood;
or
(d) levy under this Schedule or under the repealed Forest Industries
Research Levy Act 1993 has already been paid on the logs; or
(e) charge under Schedule 7 to the Primary Industries (Customs) Charges
Act 1998, or under the repealed Forest Industries Research Export Charge
Act 1993, has already been paid on the logs.
(3) The regulations may exempt a specified class of logs from levy imposed
by this Schedule.
(1) The rate of levy imposed by this Schedule is the rate prescribed by
the regulations.
(2) The regulations may specify different rates of levy for different
classes of logs.
(3) Without limiting the scope of subclause (2), the regulations may also
specify different rates of levy for different volumes of logs.
(4) Subclauses (2) and (3) do not, by implication, limit the application
of subsection 33(3A) of the Acts Interpretation Act 1901.
(5) The rate of levy imposed by this Schedule must not exceed:
(a) if the regulations specify different rates of levy for different
classes of logs—0.5% of the average value of that class of logs;
or
(b) otherwise—0.5% of the average value of logs that are produced in
Australia.
(6) The average value of a class of logs is to be ascertained in
accordance with the regulations.
(7) The regulations may provide that levy imposed by this Schedule is not
payable if the amount to be collected is less than an amount specified in the
regulations.
Levy imposed by this Schedule on logs delivered to a mill is payable by
the operator of the mill.
Before the Governor-General makes regulations for the purposes of this
Schedule, the Minister must take into consideration any relevant recommendation
made to the Minister by an industry body.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Forest Industries Research Levy Act 1993; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
leviable fibre means goat’s fibre that:
(a) has been obtained:
(i) by shearing a live goat; or
(ii) in a prescribed way (if any); and
(b) has not been processed.
sale value, in relation to leviable fibre, means:
(a) in the case of fibre sold in Australia in a pool—the amount paid
for the fibre; or
(b) in the case of other fibre sold in Australia:
(i) if there are invoices or other documents relating to the sale that
show the sale price for the fibre—that price; or
(ii) if there are no such documents—the value of the fibre
determined by the growers’ organisation that the Secretary considers to be
appropriate; or
(c) in any other case—the amount determined in a prescribed
way.
(1) Levy is imposed on leviable fibre produced in Australia after the
commencement of this Schedule.
(2) If both of the following conditions are satisfied in relation to
leviable fibre:
(a) the leviable fibre consists of all the leviable fibre that has been
both produced by, and processed by or on behalf of, a producer in a levy year;
(b) apart from this subclause, the total amount of levy imposed by this
Schedule on the leviable fibre would be less than the leviable amount in
relation to that year;
levy is not imposed by this Schedule on the leviable fibre.
(3) If both of the following conditions are satisfied in relation to
leviable fibre:
(a) the leviable fibre consists of all the leviable fibre delivered by
producers of leviable fibre to a particular buying agent or selling agent in a
levy year;
(b) apart from this subclause, the total amount of levy imposed by this
Schedule on the leviable fibre would be less than the leviable amount in
relation to that year;
levy is not imposed by this Schedule on the leviable fibre.
The rate of levy imposed by this Schedule in respect of any leviable
fibre is an amount equal to:
(a) 1.5% of the sale value of the fibre; or
(b) if another percentage of sale value (not exceeding 5%) is prescribed
by the regulations, the other percentage of the sale value of the
fibre.
Levy imposed by this Schedule on leviable fibre is payable by the
producer of the fibre.
Before the Governor-General makes any regulations:
(a) for the purposes of subparagraph (a)(ii) of the definition of
leviable fibre in clause 1; or
(b) for the purposes of paragraph (c) of the definition of sale
value in that clause; or
(c) prescribing a percentage for the purposes of clause 3;
the Minister must take into consideration any relevant recommendation made
to the Minister by a growers’ organisation.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Goat Fibre Levy Act 1989; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to a determination if:
(a) the determination was made for the purposes of a particular provision
of the Goat Fibre Levy Act 1989; and
(b) the determination was in force immediately before the commencement of
this clause.
(2) The determination has effect, after the commencement of this clause,
as if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
growers’ organisation means the organisation known as
the Grains Council of Australia or such other organisation as is prescribed for
the purposes of this definition.
leviable amount, in relation to a levy year, means:
(a) $50; or
(b) if, before the commencement of the levy year, another amount is
prescribed in relation to that year, that prescribed amount.
leviable grain legumes means:
(a) the seeds of lupins; or
(b) the seeds of field peas; or
(c) peanuts; or
(d) the seeds of any other leguminous plants, being seeds of a kind that
is or kinds that are prescribed for the purposes of this definition.
peanuts means peanuts in shells.
value means the value as worked out in accordance with the
regulations.
(1) If:
(a) a producer of leviable grain legumes:
(i) causes or permits those grain legumes to be delivered to another
person; or
(ii) allows another person to take those grain legumes out of the
producer’s possession or control; or
(b) leviable grain legumes are taken out of the possession or control of
the producer by another person in accordance with a marketing law;
the producer of those leviable grain legumes is taken, for the purposes of
this Schedule, to have delivered those grain legumes to that other
person.
(2) If a producer of leviable grain legumes delivers those grain legumes
to a person for carriage (either by that person or by a succession of persons
commencing with that person) to another person (the receiver)
otherwise than for further carriage, the delivery is taken, for the purposes of
this Schedule, to have been to the receiver.
(1) This clause applies if the ownership of leviable grain legumes passes
from the producer of the grain legumes to a person in a way that does not
involve, or to a number of persons in succession, in ways none of which
involves, the delivery of those grain legumes to any person.
(2) A reference in this Schedule to the producer must, in
relation to those grain legumes, be read as a reference to that person or to the
last of those persons, as the case may be.
(1) This clause applies if, under a regulation made for the purposes of
the definition of leviable grain legumes in clause 1, seeds of a
particular kind or kinds commence to be leviable grain legumes during a levy
year.
(2) A reference in this Schedule to leviable grain legumes delivered or
processed in that year is to be read as not including a reference to any seeds
of the kind or kinds prescribed by that regulation that were delivered or
processed, as the case may be, before the date of commencement of that
regulation.
(1) Levy is imposed on leviable grain legumes produced in Australia
(whether before or after the commencement of this Schedule) if, on or after the
date that is the relevant date in relation to the grain legumes, the producer of
the grain legumes:
(a) delivers the grain legumes to another person (otherwise than for
storage on behalf of the producer); or
(b) processes the grain legumes.
(2) For the purposes of subclause (1), the relevant date
is:
(a) in the case of peanuts, the seeds of lupins or the seeds of field
peas—the date of commencement of this clause; or
(b) in the case of seeds prescribed for the purposes of the definition of
leviable grain legumes in clause 1, where the regulation concerned
is covered by clause 9—the date of commencement of this clause;
or
(c) in the case of leviable grain legumes that are of a kind prescribed
for the purposes of the definition of leviable grain legumes in
clause 1, where the regulation concerned is not covered by clause 9—the
date of commencement of the regulation concerned.
(3) If, in a levy year:
(a) leviable grain legumes are delivered to a particular person by
producers of grain legumes; and
(b) apart from this subclause, the total amount of levy imposed by this
Schedule on the grain legumes would be less than the leviable amount;
levy is not imposed by this Schedule on the grain legumes.
(4) Levy is not imposed by this Schedule on leviable grain legumes
if:
(a) the grain legumes are processed by or for the producer; and
(b) all the products and by-products of the processing of those grain
legumes are used by the producer for domestic purposes but not for commercial
purposes.
(5) If, in a levy year:
(a) a producer processes leviable grain legumes that the producer has
produced; and
(b) paragraph (4)(b) does not apply in respect of the grain legumes;
and
(c) apart from this subclause, the total amount of levy imposed by this
Schedule on the grain legumes would be less than the leviable amount;
levy is not imposed by this Schedule on the grain legumes.
(1) The rate of levy imposed by this Schedule is:
(a) 1% of the value of the leviable grain legumes; or
(b) if a different rate is prescribed by the regulations—that
different rate.
(2) The prescribed rate must not be more than 3% of the value of the
leviable grain legumes.
The levy imposed by this Schedule on leviable grain legumes is payable by
the producer of the grain legumes.
Before the Governor-General makes a regulation for the purposes
of:
(a) the definition of leviable amount in clause 1;
or
(b) the definition of leviable grain legumes in clause 1;
or
(c) clause 6;
the Minister must take into consideration any relevant recommendation made
to the Minister by the growers’ organisation.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Grain Legumes Levy Act 1985; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
dried grapes means grapes containing less than 60% of
moisture by mass.
fresh grapes means grapes containing not less than 60% of
moisture by mass.
prescribed goods means:
(a) fresh grapes; and
(b) dried grapes; and
(c) grape juice, whether single strength or concentrated;
being grapes or grape juice produced in Australia.
representative organisation means:
(a) where the levy imposed by this Schedule is not attached to an R&D
Corporation or R&D Fund under section 5 of the Primary Industries and
Energy Research and Development Act 1989—an organisation in respect of
which a declaration is in force under section 5D of the Rural Industries
Research Act 1985 in relation to prescribed goods; or
(b) where the levy imposed by this Schedule is attached to an R&D
Corporation under section 5 of the Primary Industries and Energy Research and
Development Act 1989—an organisation declared under section 7 of that
Act to be a representative organisation in relation to the Corporation;
or
(c) where the levy imposed by this Schedule is attached to an R&D Fund
under section 5 of that Act—an organisation declared under section 7 of
that Act to be a representative organisation in relation to the R&D Council
in respect of which the R&D Fund is established under that Act.
For the purposes of this Schedule, the quantity of fresh grapes that is
the equivalent of a quantity of prescribed goods other than fresh grapes is a
number of tonnes equal to:
(a) in the case of dried grapes—a number worked out by multiplying
the number of tonnes of that quantity of dried grapes by 3; and
(b) in the case of grape juice—a number worked out by dividing the
number of litres of that quantity of grape juice:
(i) in the case of single-strength grape juice—by 800 or, if another
number is prescribed for the purposes of this subparagraph, that other number;
and
(ii) in the case of concentrated grape juice—by a number that bears
to the number referred to in subparagraph (i) the same proportion that the
strength of the single-strength grape juice from which the concentrated grape
juice was derived bears to the strength of the concentrated grape
juice.
For the purposes of this Schedule, premises are a processing
establishment during a year if the quantity (if any) of fresh grapes,
together with the fresh grape equivalent of the quantity (if any) of prescribed
goods other than fresh grapes, used in the processing of prescribed goods at
those premises during:
(a) that year; or
(b) either of the immediately preceding 2 years (including years
commencing before the commencement of this Schedule);
amounts, or amounted, to not less than 5 tonnes.
(1) Levy is imposed on prescribed goods delivered to a processing
establishment in Australia after the commencement of this Schedule.
(2) Levy is not imposed by this Schedule in respect of:
(a) prescribed goods that are delivered during a year to a processing
establishment that is an exempt processing establishment in relation to that
year; or
(b) dried grapes in respect of which levy is payable under Schedule 9 or
the repealed Dried Fruits Levy Act 1971; or
(c) grape juice that is delivered to a processing establishment during a
year and that was concentrated or extracted at:
(i) another processing establishment; or
(ii) premises where the principal activity carried on during that year was
the processing of prescribed goods.
(3) For the purposes of subclause (2), a processing establishment is an
exempt processing establishment in relation to a year if the quantity (if any)
of fresh grapes, together with the fresh grape equivalent of the quantity (if
any) of prescribed goods other than fresh grapes, used in the processing of
prescribed goods at the processing establishment during the year amounts to less
than 20 tonnes.
(4) The regulations may exempt prescribed goods included in a specified
class of prescribed goods from levy imposed by this Schedule.
(1) The rate of levy imposed by this Schedule in respect of prescribed
goods is:
(a) in the case of fresh grapes—the standard amount per tonne of the
grapes; and
(b) in any other case—the standard amount per tonne of the fresh
grape equivalent of the prescribed goods.
(2) In subclause (1):
standard amount means such amount, not exceeding $2, as is
prescribed by the regulations.
Levy imposed by this Schedule on prescribed goods is payable by the
producer of the prescribed goods.
Before the Governor-General makes regulations for the purposes of clause
5, the Minister must take into consideration any relevant recommendation made to
the Minister by a representative organisation.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Grape Research Levy Act 1986; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
Corporation means the Australian Horticultural
Corporation.
producers’ organisation means:
(a) the organisation known as the Federal Council of Australian
Apiarists’ Associations; or
(b) if another organisation is specified in the regulations—that
organisation.
R&D authority means:
(a) where the levy imposed by this Schedule is not attached to an R&D
Corporation or R&D Fund under section 5 of the Primary Industries and
Energy Research and Development Act 1989—the Honey Research Council
established under subsection 11(2) of the Rural Industries Research Act
1985; or
(b) where the levy imposed by this Schedule is attached to an R&D
Corporation under section 5 of the Primary Industries and Energy Research and
Development Act 1989—the R&D Corporation; or
(c) where the levy imposed by this Schedule is attached to an R&D Fund
under section 5 of that Act—the R&D Council in respect of which the
R&D Fund is established under that Act.
R&D Corporation has the same meaning as in the Primary
Industries and Energy Research and Development Act 1989.
R&D Council has the same meaning as in the Primary
Industries and Energy Research and Development Act 1989.
R&D Fund has the same meaning as in the Primary
Industries and Energy Research and Development Act 1989.
(1) Levy is imposed on honey produced in Australia (whether before or
after the commencement of this Schedule) that is sold after the commencement of
this Schedule.
(2) Levy is not imposed by this clause in relation to a sale of honey
if:
(a) levy has been imposed by this clause, or by the repealed Honey Levy
Act (No. 1) 1962, on the honey because of a previous sale of the honey;
or
(b) under the contract of sale, the honey is:
(i) to be delivered to a place outside Australia; or
(ii) to be placed on board a ship or aircraft for export from Australia;
or
(c) the buyer gives to the seller a certificate in accordance with the
prescribed form of the buyer’s intention to export the honey, and neither
the seller nor any other person has, in relation to any previous sale of the
honey, given a certificate for the purposes of this paragraph or paragraph
4(2)(d) of the repealed Honey Levy Act (No. 1) 1962.
(3) Levy is not imposed by this clause on honey sold by a person in a
month (other than honey sold by the producer by prescribed sale) if the total
weight of that honey, and any other honey used by the person in that month in
the production of other goods, is not more than 50 kilograms.
(4) Levy is not imposed by this clause on honey sold in a year by the
producer by prescribed sale if the total weight of that honey, and any other
honey used by the producer in that year in the production of other goods, is not
more than 600 kilograms.
(5) The regulations may exempt a specified class of persons from levy
imposed by this clause.
(1) Levy is imposed on honey produced in Australia (whether before or
after the commencement of this Schedule) that is used by a person in the
production of other goods, if that use occurs after the commencement of this
Schedule.
(2) Levy is not imposed by this clause on honey on which levy has been
imposed by clause 2 or by the repealed Honey Levy Act (No. 1)
1962.
(3) Levy is not imposed by this clause on honey used by a person (other
than the producer) in a month in the production of other goods if the honey so
used by the person in that month, together with the honey, if any, sold by the
person in that month, weighs not more than 50 kilograms.
(4) Levy is not imposed by this clause on honey that, in a year, is used
by the producer in the production of other goods if the honey so used by the
producer in that year, together with the honey, if any, sold by the producer by
prescribed sale in that year, weighs not more than 600 kilograms.
(5) Levy is not payable under this Schedule by a person included in a
prescribed class of persons.
(1) The rate of levy imposed by clause 2 on honey is the sum of:
(a) a levy at the rate of 1.80 cents per kilogram of honey or, if another
rate (not exceeding 5 cents per kilogram of honey) is prescribed for the
purposes of this paragraph, that other rate; and
(b) a levy at the rate of 0.25 cent per kilogram of honey or, if another
rate (not exceeding 0.75 cent per kilogram of honey) is prescribed for the
purposes of this paragraph, that other rate.
(2) The rate of levy imposed by clause 3 on honey is the sum of:
(a) a levy at the rate of 1.80 cents per kilogram of honey or, if another
rate (not exceeding 5 cents per kilogram of honey) is prescribed for the
purposes of this paragraph, that other rate; and
(b) a levy at the rate of 0.25 cent per kilogram of honey or, if another
rate (not exceeding 0.75 cent per kilogram of honey) is prescribed for the
purposes of this paragraph, that other rate.
(1) Levy imposed by clause 2 in relation to the sale of honey is payable
by the producer of the honey.
(2) Levy imposed by clause 3 is payable by the person who uses the honey
in the production of other goods.
(1) Before the Governor-General makes regulations prescribing a class of
persons for the purposes of subclause 2(5) or 3(5), the Minister must take into
consideration any relevant recommendation made to the Minister by the
producers’ organisation.
(2) Before the Governor-General makes regulations for the purposes of
paragraph 4(1)(a) or 4(2)(a) of this Schedule, the Minister must take into
consideration any relevant recommendation made to the Minister by the
producers’ organisation.
(3) The producers’ organisation must not make a recommendation under
subclause (1) or (2) unless the producers’ organisation has consulted with
the Corporation in relation to the recommendation.
(4) Before the Governor-General makes regulations for the purposes of
paragraph 4(1)(b) or 4(2)(b) of this Schedule, the Minister must take into
consideration any relevant recommendation made to the Minister by the R&D
authority or by the producers’ organisation.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Honey Levy Act (No. 1) 1962; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Honey Levy Act (No. 2) 1962; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
cut flowers and foliage includes processed cut flowers and
foliage.
fruits includes processed fruits.
horticultural products means:
(a) fruits; and
(b) vegetables; and
(c) nuts; and
(d) nursery products; and
(e) cut flowers and foliage; and
(f) products prescribed for the purposes of this paragraph.
leviable horticultural products means horticultural products
prescribed for the purposes of this definition.
nursery products includes trees, shrubs, plants, seeds,
bulbs, corms, tubers, propagating material and plant tissue cultures, grown for
ornamental purposes or for producing fruits, vegetables, nuts or cut flowers and
foliage.
nuts includes processed nuts.
vegetables includes:
(a) mushrooms and other edible fungi; and
(b) processed vegetables (including mushrooms and other edible
fungi).
(1) Levy is imposed on leviable horticultural products (other than
leviable horticultural products of a class prescribed for the purpose of
subclause (2)) produced in Australia (whether before or after the commencement
of this Schedule) that are, after the commencement of this Schedule:
(a) sold by the producer; or
(b) used by the producer in the production of other goods.
(2) Levy is imposed on leviable horticultural products of a class
prescribed for the purpose of this subclause on the basis of the amount of
leviable horticultural products of that class that is presumed, in accordance
with the regulations, to be produced in Australia.
(3) Levy is not imposed by this Schedule on leviable horticultural
products that are exported from Australia.
(4) The regulations may exempt from levy imposed by this
Schedule:
(a) leviable horticultural products produced by specified classes of
producers; or
(b) specified subclasses of a class of leviable horticultural
products.
(1) The rate of levy imposed by this Schedule in relation to a leviable
horticultural product is the sum of the rates prescribed for the purposes of
subclauses 4(1), (2), (3) and (4) that are applicable to the class of leviable
horticultural products in which the product is included.
(2) If the Australian Statistician has published an annual average unit
gross value in relation to a class of horticultural products for the first 3 of
the 4 immediately preceding financial years, the rate of levy imposed by this
Schedule in the current financial year in relation to products in the class of
products must not exceed 5% of the average of those values.
(3) If the Australian Statistician has published an annual gross value of
production in relation to a class of horticultural products for the first 3 of
the 4 immediately preceding financial years, the rate of levy imposed by this
Schedule in the current financial year in relation to products in that class
must not be such that the total levy collected is likely to exceed 5% of the
average of the gross values of production in those 3 years.
Rates of levy destined for the Australian Horticultural
Corporation
(1) The regulations may fix a rate of levy for the purposes of this
subclause in relation to a class of leviable horticultural products.
Rates of levy destined for a Product Board
(2) If a Product Board is established under the Australian
Horticultural Corporation Act 1987, the regulations may fix a rate of levy
for the purposes of this subclause in relation to a class of leviable
horticultural products, being horticultural products in respect of which the
Product Board was established.
Rates of levy destined for the Horticultural Research and Development
Corporation
(3) The regulations may fix a rate of levy for the purposes of this
subclause in relation to a class of leviable horticultural products.
Rates of levy destined for other purposes
(4) The regulations may fix a rate of levy for the purposes of this
subclause in relation to a class of leviable horticultural products.
Flexibility in relation to rates of levy
(5) Without limiting the generality of subclauses (1), (2), (3) and
(4):
(a) different rates may, for the purposes of those subclauses or any one
of them, be prescribed for different classes of leviable horticultural products;
and
(b) different rates may be prescribed in relation to a class of leviable
horticultural products for the purposes of each of those subclauses;
and
(c) a rate may be prescribed in relation to a class of leviable
horticultural products for the purposes of one or more of those clauses, and not
for the purposes of the other subclauses or subclause.
(6) Subclause (5) does not, by implication, limit the application of
subsection 33(3A) of the Acts Interpretation Act 1901.
The levy imposed by this Schedule on leviable horticultural products is
payable by the producer of the products.
(1) Without limiting the manner in which classes of leviable horticultural
products may be described in the regulations, the regulations may describe such
classes by reference to:
(a) the use for which the products are sold by the producer; or
(b) the use to which the products are put by the producer; or
(c) the state, form or condition of the products, whether by reference to
a process or otherwise.
(2) Without limiting the manner of determining the amount of leviable
horticultural products of a class prescribed for the purposes of subclause 2(2)
that is presumed to be produced in Australia, the regulations may prescribe a
manner of determining that amount by reference to any one or more of the
following:
(a) the area under cultivation for the production of those leviable
horticultural products;
(b) the number or quantity of trees, shrubs, plants, bulbs, corms or
tubers used or to be used for the production of those leviable horticultural
products;
(c) the maturity of trees, shrubs or plants under cultivation for the
production of those leviable horticultural products.
(3) Before the Governor-General makes regulations for the purposes of
subclause 2(4), the Minister must take into consideration any relevant
recommendation made to the Minister by the Australian Horticultural Corporation
or the Horticultural Research and Development Corporation.
(4) Before the Governor-General makes regulations for the purposes of
subclause 4(1), the Minister must take into consideration any relevant
recommendation made to the Minister by the Australian Horticultural
Corporation.
(5) Before the Governor-General makes regulations for the purposes of
subclause 4(2), the Minister must take into consideration any relevant
recommendation made to the Minister by the Product Board concerned.
(6) Before the Governor-General makes regulations for the purposes of
subclause 4(3), the Minister must take into consideration any relevant
recommendation made to the Minister by the Horticultural Research and
Development Corporation.
(7) Before making a recommendation to the Minister for the purposes of
subclause (3) or (4), the Australian Horticultural Corporation must consult with
the body that, under the regulations, is the eligible industry body
for:
(a) the relevant leviable horticultural products; or
(b) the relevant class or subclass of leviable horticultural
products;
as the case requires.
(8) Before making a recommendation to the Minister for the purposes of
subclause (3) or (6), the Horticultural Research and Development Corporation
must consult with the body that, under the regulations, is the eligible industry
body for:
(a) the relevant leviable horticultural products; or
(b) the relevant class or subclass of leviable horticultural
products;
as the case requires.
(9) A recommendation referred to in subclause (7) or (8) must be
accompanied by a written statement of the views of the body consulted in
relation to the making of the recommendation.
(10) The body that, under the regulations, is the eligible industry body
for:
(a) leviable horticultural products; or
(b) a class or subclass of leviable horticultural products;
may make recommendations to the Minister in relation to regulations to be
made for the purposes of subclause 4(4) in relation to those products or
products included in that class or subclass, as the case may be.
(11) Before the Governor-General makes regulations for the purposes of
subclause 4(4), the Minister must take into consideration any relevant
recommendation made to the Minister under subclause (10).
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Horticultural Levy Act 1987; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
chicken means a chicken hatched from the egg of a
domesticated fowl.
hatchery means a hatchery where chickens are hatched for
commercial purposes.
laying chicken means a female chicken that is to be raised
for the production of eggs.
For the purposes of this Schedule, if the proprietor of a hatchery, in
accordance with the practice of the poultry industry, treats a number of
chickens (not exceeding 106) as 100 chickens, that number of chickens is taken
to be 100 chickens.
(1) Levy is imposed on laying chickens hatched after the commencement of
this Schedule.
(2) Levy is not imposed by this Schedule on laying chickens hatched at a
hatchery in a financial year if less than 1,000 laying chickens are hatched at
that hatchery in that year.
(3) Levy is not imposed by this Schedule on laying chickens that die, or
are destroyed, at the hatchery at which they were hatched within 48 hours after
being hatched.
The rate of levy imposed by this Schedule is an amount in respect of each
laying chicken equal to the sum of:
(a) such amount (not exceeding 10 cents) as is prescribed by the
regulations for the purposes of this paragraph; and
(b) 0.21 cent or, if another amount (not exceeding 0.33 cent) is
prescribed by the regulations for the purposes of this paragraph, the other
amount.
Note: Paragraph (b) identifies amounts that, under the
Australian Animal Health Council (Live-stock Industries) Funding Act
1996, are destined for the Australian Animal Health
Council.
Levy imposed by this Schedule on laying chickens is payable by the
producer of the chickens.
(1) Regulations must not be made prescribing an amount for the purposes of
paragraph 4(a) of this Schedule unless:
(a) the Australian Egg Industry Association Incorporated; or
(b) if a declaration is in force under subclause (3)—the body
specified in the declaration;
has made a recommendation to the Minister with respect to the amount to be
prescribed by the regulations for the purposes of that paragraph.
(2) Before the Governor-General makes a regulation prescribing an amount
for the purposes of paragraph 4(b) of this Schedule, the Minister must take into
consideration any relevant recommendation made to the Minister by:
(a) the Australian Egg Industry Association Incorporated; or
(b) if a declaration is in force under subclause (3)—the body
specified in the declaration.
(3) The Minister may, by notice in the Gazette, declare a body
specified in the notice to be the body representing the Australian egg industry
for the purposes of this clause.
(4) Regulations must not be made for the purposes of paragraph 4(a) or (b)
of this Schedule prescribing an amount that is greater than the amount
recommended.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Laying Chicken Levy Act 1988; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to a declaration if:
(a) the declaration was made for the purposes of a particular provision of
the Laying Chicken Levy Act 1988; and
(b) the declaration was in force immediately before the commencement of
this clause.
(2) The declaration has effect, after the commencement of this clause, as
if it had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
lamb means a sheep that has not cut a permanent incisor
tooth.
live-stock means sheep, lambs and goats.
marketing body has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
processor, in relation to live-stock, means the person who is
the owner of the carcases of the live-stock immediately after the hot carcase
weight of the live-stock would normally be determined.
research body has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
sheep does not include lambs.
(1) Levy is imposed on the slaughter at an abattoir of live-stock for
human consumption, if the slaughter occurs after the commencement of this
Schedule.
(2) Levy is not imposed by this Schedule:
(a) on the slaughter of live-stock whose carcases are, under a law of the
Commonwealth or of a State or Territory, condemned or rejected as being unfit
for human consumption; or
(b) on the slaughter of live-stock for consumption by the owner of the
live-stock, or by members of the owner’s family or by the owner’s
employees.
(3) The regulations may provide that no amount of levy is payable by
processors of live-stock under this Schedule.
(4) Despite anything else in this Schedule, if a regulation of the kind
referred to in subclause (3) is made, an amount of levy is not payable under
this Schedule on the slaughter of live-stock in respect of any period while the
regulation is in force.
Rate of levy on slaughter of sheep
(1) The rate of levy imposed by this Schedule on the slaughter of each
head of sheep is the sum of the following amounts:
(a) the prescribed amount (not exceeding 70 cents);
(b) the prescribed amount (not exceeding 25 cents).
Note 1: Paragraph (a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (b) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
research body.
Rate of levy on slaughter of lambs
(2) The rate of levy imposed by this Schedule on the slaughter of each
head of lambs is the sum of the following amounts:
(a) the prescribed amount (not exceeding 50 cents);
(b) the prescribed amount (not exceeding 25 cents).
Note 1: Paragraph (a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (b) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
research body.
Rate of levy on slaughter of goats
(3) The rate of levy imposed by this Schedule on the slaughter of each
head of goats is the sum of the following amounts:
(a) the prescribed amount (not exceeding 55 cents);
(b) the prescribed amount (not exceeding 25 cents).
Note 1: Paragraph (a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (b) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
research body.
Levy imposed by this Schedule payable on the slaughter of live-stock is
payable by the processor of the live-stock.
(1) The Minister may, by notice in the Gazette, declare a body to
be the body whose recommendations about the amount to be prescribed for the
purposes of paragraph 3(1)(a), 3(1)(b), 3(2)(a), 3(2)(b), 3(3)(a) or 3(3)(b) of
this Schedule are to be taken into consideration under subclause (2).
(2) If a declaration is in force under subclause (1), then, before the
Governor-General makes regulations prescribing an amount for the purpose of the
paragraph to which the declaration relates, the Minister must take into
consideration any relevant recommendation made to the Minister by the body
specified in the declaration in relation to that paragraph.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Live-stock Slaughter (Processors) Levy Act 1997; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to a declaration if:
(a) the declaration was made for the purposes of a particular provision of
the Live-stock Slaughter (Processors) Levy Act 1997; and
(b) the declaration was in force immediately before the commencement of
this clause.
(2) The declaration has effect, after the commencement of this clause, as
if it had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
lamb means a sheep that has not cut a permanent incisor
tooth.
live-stock means sheep, lambs and goats.
marketing body has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
research body has the same meaning as in Part 3 of the
Australian Meat and Live-stock Industry Act 1997.
sheep does not include lambs.
slaughter means slaughter at an abattoir for human
consumption.
For the purposes of this Schedule, the question whether companies were or
are related to each other is to be determined in the same manner as the question
whether 2 corporations are related to each other is determined under the
Corporations Law.
(1) Levy is imposed:
(a) on each transaction entered into after the commencement of this
Schedule by which the ownership of live-stock is transferred from one person to
another; or
(b) on the delivery after the commencement of this Schedule of live-stock
to a processor otherwise than because of a sale to the processor; or
(c) on the slaughter by a processor after the commencement of this
Schedule of live-stock purchased by the processor and held for a period of more
than 30 days after the day of the purchase and before the day of the slaughter;
or
(d) on the slaughter by a processor after the commencement of this
Schedule of live-stock in respect of which levy would not be payable under
paragraph (a), (b) or (c).
(2) Levy is not imposed by this Schedule:
(a) on the sale of live-stock at auction to the vendor; or
(b) on the sale or delivery of live-stock between related companies,
unless the company buying or taking delivery was or is a processor; or
(c) on the delivery of live-stock to a processor for slaughter on behalf
of the person delivering the live-stock if:
(i) the delivery occurs within 14 days after the live-stock were or are
acquired by the person; and
(ii) the live-stock are afterwards slaughtered; and
(iii) the person continues to own the live-stock immediately after their
hot carcase weight would normally be determined; or
(d) on the sale or delivery of live-stock to a processor, if the
live-stock are not, at the time of the sale or delivery, fit for human
consumption under any applicable law of the Commonwealth or of a State or
Territory; or
(e) in circumstances where the ownership of the live-stock changed or
changes:
(i) as a result of a sale or transfer ordered by a court in proceedings
under the Family Law Act 1975; or
(ii) by devolution on the death of the owner of the live-stock;
or
(iii) on the happening of events referred to in subsection 70-100(1) of
the Income Tax Assessment Act 1997; or
(f) in such other circumstances (if any) as are prescribed by the
regulations.
(3) If live-stock are delivered to a processor, otherwise than because of
a sale to the processor, for fattening or agistment for a period before
slaughter by the processor, the live-stock:
(a) are taken not to have been delivered to the processor for the purposes
of paragraph (1)(b) unless they are slaughtered at the end of that period;
and
(b) if they are slaughtered at the end of that period, are taken to have
been delivered to the processor immediately before their slaughter.
Rate of levy on sheep
(1) The rate of levy imposed by this Schedule on each head of sheep is the
sum of the following amounts:
(a) the prescribed amount (not exceeding 40 cents);
(b) the prescribed amount (not exceeding 12 cents);
(c) the prescribed amount (not exceeding 15 cents).
Note 1: Paragraph (a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (b) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
research body.
Note 3: Paragraph (c) identifies amounts that, under the
Australian Animal Health Council (Live-stock Industries) Funding Act
1996, are destined for the Australian Animal Health
Council.
(2) For the purposes of subclause (1), a ewe with a lamb at foot are
together taken to constitute a single head of sheep.
Rate of levy on lambs
(3) The rate of levy imposed by this Schedule on each head of lambs (other
than a lamb to which subclause (2) applies) is the sum of the following
amounts:
(a) the prescribed amount (not exceeding 90 cents);
(b) the prescribed amount (not exceeding 37 cents);
(c) the prescribed amount (not exceeding 15 cents).
Note 1: Paragraph (a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (b) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
research body.
Note 3: Paragraph (c) identifies amounts that, under the
Australian Animal Health Council (Live-stock Industries) Funding Act
1996, are destined for the Australian Animal Health
Council.
Rate of levy on goats
(4) The rate of levy imposed by this Schedule on each head of goats is the
sum of the following amounts:
(a) the prescribed amount (not exceeding $1.02);
(b) the prescribed amount (not exceeding 25 cents);
(c) the prescribed amount (not exceeding 15 cents).
Note 1: Paragraph (a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (b) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
research body.
Note 3: Paragraph (c) identifies amounts that, under the
Australian Animal Health Council (Live-stock Industries) Funding Act
1996, are destined for the Australian Animal Health
Council.
(5) For the purposes of subclause (4), a nanny-goat with a kid at foot are
together taken to constitute a single head of goats.
(1) Levy imposed by this Schedule on a transaction by paragraph 3(1)(a) of
this Schedule is payable by the person who owned the live-stock immediately
before the transaction was entered into.
(2) Levy imposed by this Schedule on a delivery of live-stock by paragraph
3(1)(b) of this Schedule is payable by the person who owned the live-stock
immediately before the delivery.
(3) Levy imposed by this Schedule on the slaughter of live-stock by
paragraph 3(1)(c) or 3(1)(d) of this Schedule is payable by the person who owned
the live-stock at the time of the slaughter.
(1) The Minister may, by notice in the Gazette, declare a body to
be the body whose recommendations about the amount to be prescribed by the
regulations for the purposes of paragraph 4(1)(a), 4(1)(b), 4(1)(c), 4(3)(a),
4(3)(b), 4(3)(c), 4(4)(a), 4(4)(b) or 4(4)(c) of this Schedule are to be taken
into consideration under subclause (2).
(2) If a declaration is in force under subclause (1), then, before the
Governor-General makes regulations for the purposes of the paragraph to which
the declaration relates, the Minister must take into consideration any relevant
recommendation made to the Minister by the body specified in the declaration in
relation to the paragraph.
This Schedule, unless sooner repealed, ceases to be in force at the end
of 30 June 2000.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Live-stock Transactions Levy Act 1997; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to a declaration if:
(a) the declaration was made for the purposes of a particular provision of
the Live-stock Transactions Levy Act 1997; and
(b) the declaration was in force immediately before the commencement of
this clause.
(2) The declaration has effect, after the commencement of this clause, as
if it had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
chicken means a chicken hatched from an egg of a domesticated
fowl.
hatchery means a hatchery where chickens are hatched for
commercial purposes.
meat chicken means a chicken that is to be raised as a meat
chicken.
R&D authority means:
(a) where the levy imposed by this Schedule is not attached to an R&D
Corporation or R&D Fund under section 5 of the Primary Industries and
Energy Research and Development Act 1989—the Chicken Meat Research
Council established under subsection 11(1) of the Rural Industries Research
Act 1985; or
(b) where the levy imposed by this Schedule is attached to an R&D
Corporation under section 5 of the Primary Industries and Energy Research and
Development Act 1989—the R&D Corporation; or
(c) where the levy imposed by this Schedule is attached to an R&D Fund
under section 5 of that Act—the R&D Council in respect of which the
R&D Fund is established under that Act.
R&D Corporation has the same meaning as in the Primary
Industries and Energy Research and Development Act 1989.
R&D Council has the same meaning as in the Primary
Industries and Energy Research and Development Act 1989.
R&D Fund has the same meaning as in the Primary
Industries and Energy Research and Development Act 1989.
For the purposes of this Schedule, a chicken is, unless the contrary is
shown, taken to be a meat chicken if:
(a) it was fed and its sex was not determined before it was fed;
or
(b) being a cockerel or being a hen that was hatched in a batch of
chickens all or any of the cockerels in which were fed—it was fed and its
sex was determined before it was fed.
(1) Levy is imposed in respect of meat chickens hatched after the
commencement of this Schedule.
(2) Levy is not imposed by this Schedule in respect of meat chickens
hatched at a hatchery in a financial year if less than 20,000 meat chickens are
hatched at that hatchery in that year.
(3) Levy is not imposed by this Schedule in respect of meat chickens that
die, or are destroyed, at the hatchery at which they were hatched within 48
hours after being hatched.
The rate of levy imposed by this Schedule is an amount in respect of each
meat chicken equal to the sum of:
(a) such amount (not exceeding 1 cent) as is prescribed for the purposes
of this paragraph; and
(b) such amount (not exceeding 0.05 cent) as is prescribed for the
purposes of this paragraph.
Note: Paragraph (b) identifies amounts that, under the
Australian Animal Health Council (Live-stock Industries) Funding Act
1996, are destined for the Australian Animal Health
Council.
Levy imposed by this Schedule in respect of meat chickens is payable by
the proprietor of the hatchery in which the chickens were hatched.
(1) Before the Governor-General makes regulations prescribing an amount
for the purposes of paragraph 4(a) of this Schedule, the Minister must take into
consideration any relevant recommendation made to the Minister by the R&D
Authority. Regulations must not be made prescribing an amount that is greater
than the amount last recommended by the R&D Authority to the
Minister.
(2) Before the Governor-General makes regulations prescribing an amount
for the purposes of paragraph 4(b) of this Schedule, the Minister must take into
consideration any relevant recommendation made to the Minister by:
(a) the Australian Chicken Meat Federation; or
(b) if a declaration under subclause (3) is in force, the body specified
in the declaration.
The regulations must not prescribe an amount greater than the amount last
recommended to the Minister by the Australian Chicken Meat Federation or the
body specified in the declaration, as the case requires.
(3) The Minister may, by notice in the Gazette, declare a body
specified in the notice to be the body representing the Australian chicken meat
industry for the purposes of this clause.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Meat Chicken Levy Act 1969; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to a declaration if:
(a) the declaration was made for the purposes of a particular provision of
the Meat Chicken Levy Act 1969; and
(b) the declaration was in force immediately before the commencement of
this clause.
(2) The declaration has effect, after the commencement of this clause, as
if it had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
growers’ organisation means the organisation known as
the Grains Council of Australia or such other organisation as is prescribed for
the purposes of this definition.
leviable amount, in relation to a levy year, means:
(a) $50; or
(b) if, before the commencement of the levy year, another amount is
prescribed in relation to that year, that prescribed amount.
leviable oilseeds means:
(a) seeds of the kind known as sunflower seed, linseed, soy bean,
safflower seed or rape seed; or
(b) seeds of another kind from which oil can be obtained and which are
prescribed by the regulations for the purposes of this definition.
value means the value as worked out in accordance with the
regulations.
For the purposes of this Schedule, a levy year consists of a financial
year.
(1) If:
(a) a producer of leviable oilseeds causes or permits the oilseeds to
be:
(i) delivered to another person; or
(ii) taken out of the producer’s possession or control by another
person; or
(b) leviable oilseeds are taken out of the possession or control of the
producer by another person in accordance with a marketing law;
the producer of those leviable oilseeds is taken, for the purposes of this
Schedule, to have delivered the oilseeds to the other person.
(2) For the purposes of this Schedule, if a producer of leviable oilseeds
delivers the oilseeds to a person for carriage (either by that person or by a
succession of persons beginning with that person) to another person (the
receiver) otherwise than for further carriage, the delivery is
taken to have been to the receiver.
(1) This clause applies if the ownership of any leviable oilseeds passes
from the producer of the oilseeds to a person in a way that does not involve, or
to a number of persons in succession in ways none of which involves, the
delivery of oilseeds to any person.
(2) A reference in this Schedule to the producer must, in
relation to those oilseeds, be read as a reference to that person or to the last
of those persons, as the case may be.
(1) This clause applies if a regulation made for the purposes of the
definition of leviable oilseeds in clause 1 commences during a
levy year.
(2) A reference in this Schedule to leviable oilseeds delivered or
processed in that levy year does not include a reference to any seeds of the
kind prescribed by that regulation that were delivered or processed, as the case
may be, before that commencement.
(1) Levy is imposed on leviable oilseeds produced in Australia (whether
before or after the commencement of this Schedule).
(2) Levy is not imposed by this Schedule on leviable oilseeds unless, on
or after the date that is the relevant date in relation to the oilseeds, the
producer of the oilseeds:
(a) delivers the oilseeds to another person, otherwise than for storage on
behalf of the producer; or
(b) processes the oilseeds.
(3) In subclause (2), the relevant date means:
(a) in relation to leviable oilseeds that are seeds referred to in
paragraph (a) of the definition of leviable oilseeds in
clause 1—the date of the commencement of this Schedule; or
(b) in the case of leviable oilseeds prescribed for the purposes of the
definition of leviable oilseeds in clause 1, where the regulation
concerned is covered by clause 10—the date of commencement of this clause;
or
(c) in the case of leviable oilseeds prescribed for the purposes of the
definition of leviable grain legumes in clause 1, where the
regulation concerned is not covered by clause 10—the date of commencement
of the regulation concerned.
(4) If, in a levy year:
(a) leviable oilseeds are delivered to a particular person by producers of
the oilseeds; and
(b) apart from this subclause, the amount of levy in respect of the
oilseeds would be less than the leviable amount;
levy is not imposed by this Schedule on the oilseeds.
(5) If:
(a) leviable oilseeds are processed by or for the producer of the
oilseeds; and
(b) the producer uses the oilseeds, or all of the products and by-products
of the processing, for domestic purposes but not for commercial
purposes;
levy is not imposed by this Schedule on the oilseeds.
(6) If, in a levy year:
(a) a producer processes leviable oilseeds that he or she has produced;
and
(b) paragraph (5)(b) does not apply in respect of the oilseeds;
and
(c) apart from this subclause, the amount of levy in respect of the
oilseeds would be less than the leviable amount;
levy is not imposed by this Schedule on the oilseeds.
The rate of levy imposed by this Schedule is:
(a) 1% of the value of the leviable oilseeds; or
(b) if a different rate (not exceeding 3% of the value of the leviable
oilseeds) is prescribed by the regulations—that different rate.
Levy imposed by this Schedule on leviable oilseeds is payable by the
producer of the oilseeds.
Before the Governor-General makes regulations for the purposes
of:
(a) the definition of leviable amount in clause 1;
or
(b) paragraph (b) of the definition of leviable oilseeds in
clause 1; or
(c) clause 7;
the Minister must take into consideration any relevant recommendation made
to the Minister by the growers’ organisation.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Oilseeds Levy Act 1977; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
leviable seed means seed of a plant of a specified
cultivar.
specified cultivar means a cultivar whose name is specified
in the column headed Cultivar in the table in subclause 5(1),
being a cultivar of plants of the species and common name last specified in the
table before the name of the cultivar.
Levy is imposed on leviable seed:
(a) harvested in Australia (whether before or after the commencement of
this Schedule); and
(b) certified under a certification scheme after the commencement of this
Schedule.
The rate of levy imposed by this Schedule in respect of any leviable seed
of a plant of a cultivar is the amount per tonne specified in the column headed
Rate of levy in the table in subclause 5(1).
Levy imposed by this Schedule on leviable seed is payable by the producer
of the seed.
(1) The following table sets out specified cultivars for the purposes of
the definition of leviable seed in clause 1:
|
Kind of plant and rate of levy |
||||
|---|---|---|---|---|
|
Item |
Species |
Common name |
Cultivar |
Rate of levy |
|
1 |
Medicago littoralis |
Strand medic |
Harbinger Harbinger AR Herald |
$10.00/tonne $10.00/tonne $10.00/tonne |
|
2 |
Medicago murex |
Murex medic |
Zodiac |
$10.00/tonne |
|
3 |
Medicago polymorpha |
Burr medic |
Circle Valley Santiago Serena |
$10.00/tonne $10.00/tonne $10.00/tonne |
|
4 |
Medicago rugosa |
Gama medic |
Paragosa Paraponto Sapo |
$10.00/tonne $10.00/tonne $10.00/tonne |
|
5 |
Medicago sativa |
Lucerne |
Alfanafa/Sirosal Amador Aquarius Aurora Cimarron CUF 101 Encore Eureka Gemini Flairdale Falkiner Hunterfield Hunter River Jindera L34 L52 L69 L99 Matador Maxidor II Nova Pioneer 577 Pioneer 581 Pioneer 5929 Pioneer 5939 Prime P581 Quadrella Sceptre Sequel Sheffield Siriver Springfield Trifecta Validor Wakefield WL 318 WL 320 WL 415 WL 514 WL 515 WL 516 WL 605 WL Southern Special |
$14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne $14.00/tonne |
|
6 |
Medicago scutellata |
Snail medic |
Kelson Sair Sava |
$10.00/tonne $10.00/tonne $10.00/tonne |
|
7 |
Medicago sphaerocarpos |
Sphere medic |
Orion |
$10.00/tonne |
|
8 |
Medicago tornata |
Disc medic |
Rivoli Tornafield |
$10.00/tonne $10.00/tonne |
|
9 |
Medicago truncatula |
Barrel medic |
Ascot Caliph Cyprus Jemalong Mogul Parabinga Paraggio Sephi |
$10.00/tonne $10.00/tonne $10.00/tonne $10.00/tonne $10.00/tonne $10.00/tonne $10.00/tonne $10.00/tonne |
|
10 |
Ornithopus compressus |
Yellow serradella |
Avila Elgara Madeira Paros Pitman Tauro Uriserra |
$10.00/tonne $10.00/tonne $10.00/tonne $10.00/tonne $10.00/tonne $10.00/tonne $10.00/tonne |
|
11 |
Trifolium alexandrium |
Berseem clover |
Akenaton Alex Attila Big Bee Elite Multi-cut Sacromonte |
$12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne |
|
12 |
Trifolium balansae |
Balansa clover |
Paradana |
$12.50/tonne |
|
13 |
Trifolium fragiferum |
Strawberry clover |
O’Connors Onward Palestine |
$12.50/tonne $12.50/tonne $12.50/tonne |
|
14 |
Trifolium hirtum |
Rose clover |
Hykon Kondinin |
$12.50/tonne $12.50/tonne |
|
15 |
Trifolium pratense |
Red clover |
Astred Redquin |
$12.50/tonne $12.50/tonne |
|
16 |
Trifolium repens |
White clover |
Alice Dusi Haifa Irrigation Karina Kopu Menna Prop Tahora Tamar Waverly |
$12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne |
|
17 |
Trifolium resupinatum |
Persian clover |
Accadia Archibald Felix Kyambro Laser Leeton Lupers |
$12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne $12.50/tonne |
|
18 |
Trifolium semipilosum |
Kenya white clover |
Safari |
$12.50/tonne |
|
19 |
Trifolium subterraneum |
Subterranean clover |
Argeles Bacchus Marsh Clare Daliak Dalkeith Denmark Dinis Dinninup Enfield Esperance Geraldton Gosse Goulburn Green Range Junee Karridale Larisa Leura Meteora Mt. Barker Northam Nuba Nungarin Riverina Rosedale Seaton Park (reselected) Tallarook Trikkala Woogenellup York |
$11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne $11.00/tonne |
|
20 |
Trifolium vesiculosum |
Arrow leaf clover |
Zulu |
$12.50/tonne |
(2) The Minister may, by instrument published in the Gazette,
declare that the table is to be taken to be amended in a manner specified in the
instrument, and that declaration has effect accordingly.
(3) Before making an instrument under subclause (2), the Minister must
take into consideration any relevant recommendation made to the Minister by the
growers’ organisation.
(4) The table in subclause (1) is not to be varied so that it sets out a
rate of levy that exceeds $50.00 per tonne.
(5) The instrument is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.
(6) For the purposes of section 8 of the Acts Interpretation Act
1901, a declaration under subclause (2) that is taken to amend the table in
subclause (1) by way of repealing part of it is to be taken to be an Act that
repeals that part.
(1) This clause applies to an instrument (other than Pasture Seed Levy
Declaration No. 1 of 1998) if:
(a) the instrument was made for the purposes of a particular provision of
the Pasture Seed Levy Act 1989; and
(b) the instrument was in force immediately before the commencement of
this clause.
(2) The instrument has effect, after the commencement of this clause, as
if it had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
Corporation means the Australian Pork Corporation referred to
in the Pig Industry Act 1986.
levy means an amount of the levy.
R&D authority means:
(a) where the levy imposed by this Schedule is not attached to an R&D
Corporation or R&D Fund under section 5 of the Primary Industries and
Energy Research and Development Act 1989—the Pig Research Council
established under subsection 11(1) of the Rural Industries Research Act
1985; or
(b) where the levy imposed by this Schedule is attached to an R&D
Corporation under section 5 of the Primary Industries and Energy Research and
Development Act 1989—the R&D Corporation; or
(c) where the levy imposed by this Schedule is attached to an R&D Fund
under section 5 of that Act—the R&D Council in respect of which the
R&D Fund is established under that Act.
R&D Corporation has the same meaning as in the Primary
Industries and Energy Research and Development Act 1989.
R&D Council has the same meaning as in the Primary
Industries and Energy Research and Development Act 1989.
R&D Fund has the same meaning as in the Primary
Industries and Energy Research and Development Act 1989.
Levy is imposed on the slaughter at an abattoir of pigs for sale for
human consumption (whether or not the carcases are subsequently used for human
consumption), if the slaughter occurs after the commencement of this
Schedule.
The rate of the levy imposed by this Schedule in respect of pigs is an
amount in respect of each pig slaughtered equal to the sum of:
(a) such amount (not exceeding $1) as is prescribed by the regulations for
the purposes of this paragraph; and
(b) such amount (not exceeding $2.50) as is prescribed by the regulations
for the purposes of this paragraph; and
(c) such amount (not exceeding 50 cents) as is prescribed by the
regulations for the purposes of this paragraph.
Note 1: Paragraph (a) identifies amounts that, under the
Pig Industry Act 1986, are destined for the Australian Pork
Corporation.
Note 2: Paragraph (b) identifies amounts that, under the
Primary Industries and Energy Research and Development Act 1989, are
destined for the Pig Research and Development Corporation.
Note 3: Paragraph (c) identifies amounts that, under the
Australian Animal Health Council (Live-stock Industries) Funding Act
1996, are destined for the Australian Animal Health
Council.
Levy imposed by this Schedule on the slaughter of a pig is payable by the
producer.
(1) Before the Governor-General makes regulations prescribing an amount
for the purposes of paragraph 3(a) of this Schedule, the Minister must take into
consideration any relevant recommendation made to the Minister by the R&D
authority. The regulations must not prescribe an amount that is greater than the
amount last recommended by that authority to the Minister.
(2) Before the Governor-General makes regulations prescribing an amount
for the purposes of paragraph 3(b) of this Schedule, the Minister must take into
consideration any relevant recommendation made to the Minister by the
Corporation. The regulations must not prescribe an amount that is greater than
the amount last recommended by the Corporation to the Minister.
(3) If a declaration is in force under subclause (4), then, before the
Governor-General makes regulations prescribing an amount for the purpose of
paragraph 3(c) of this Schedule, the Minister must take into consideration any
relevant recommendation made to the Minister by the body specified in the
declaration. The regulations must not prescribe an amount greater than the
amount last recommended to the Minister by the body specified in the
declaration.
(4) The Minister may, by notice in the Gazette, declare a body
specified in the notice to be the body representing the Australian pig slaughter
industry for the purposes of this clause.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Pig Slaughter Levy Act 1971; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to a declaration if:
(a) the declaration was made for the purposes of a particular provision of
the Pig Slaughter Levy Act 1971; and
(b) the declaration was in force immediately before the commencement of
this clause.
(2) The declaration has effect, after the commencement of this clause, as
if it had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
leviable rice means rice of a variety that is:
(a) specified in the table in clause 5; or
(b) prescribed by the regulations as leviable rice for the purposes of
this Schedule.
rice industry body means:
(a) the Rice Marketing Board for New South Wales; or
(b) the Rice Growers’ Association of Australia; or
(c) the Ricegrowers’ Co-operative Limited; or
(d) any other organisation prescribed by the regulations as a rice
industry body for the purposes of this Schedule.
season means a period of 12 months beginning on 1 October in
any year.
State marketing authority:
(a) in relation to New South Wales—means the Rice Marketing Board
for New South Wales; or
(b) in relation to a State other than New South
Wales—means:
(i) an authority of the State; or
(ii) an incorporated company all the shares in which are beneficially
owned by the State;
where:
(iii) the functions of the authority or company consist of, or include,
functions relating to the marketing of rice; and
(iv) the authority or company is specified in the regulations.
Levy is imposed on leviable rice that is:
(a) produced in Australia (whether before or after the commencement of
this clause); and
(b) delivered to a processor after the commencement of this
Schedule.
(1) The rate of levy imposed by this Schedule is the amount per tonne
specified by the Minister by instrument published in the Gazette. This
subclause has effect subject to subclause (7).
(2) The instrument must not specify a rate of levy that exceeds $2.00 per
tonne.
(3) The instrument may specify:
(a) different rates for different varieties of rice; and
(b) different rates for rice harvested in different seasons.
(4) Subclause (3) does not, by implication, limit the application of
subsection 33(3A) of the Acts Interpretation Act 1901.
(5) The Minister must not specify a rate of levy imposed by this Schedule
for a variety of rice that is harvested in a State that has a State marketing
authority unless the rate is recommended by the State marketing authority for
the State.
(6) If a variety of rice is harvested in 2 or more States each of which
has a State marketing authority, the State marketing authorities for those
States must, for the purposes of subclause (5), make a joint recommendation as
to the rate of levy for that variety.
(7) If:
(a) the Minister has specified a rate of levy imposed by this Schedule for
a variety of rice harvested in a particular season; and
(b) the Minister has not later specified another rate of levy imposed by
this Schedule for that variety;
the rate of levy imposed by this Schedule for rice of that variety
harvested in a later season is the rate referred to in paragraph (a).
(8) A recommendation to the Minister under this clause may be made on
behalf of a State marketing authority by a person:
(a) who is an agent of the authority; and
(b) who is authorised by the authority to make a recommendation on behalf
of the authority under this clause.
(9) An instrument under subclause (1) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.
Levy imposed by this Schedule on leviable rice is payable by the producer
of the rice.
The following table sets out leviable rice varieties for the purposes of
the definition of leviable rice in clause 1:
|
Leviable rice |
|
|---|---|
|
Item |
Leviable rice varieties |
|
1 |
Oryza sativa L. cv. Amaroo |
|
2 |
Oryza sativa L. cv. Bogan |
|
3 |
Oryza sativa L. cv. Echuca |
|
4 |
Oryza sativa L. cv. Bahia |
|
5 |
Oryza sativa L. cv. Calrose |
|
6 |
Oryza sativa L. cv. YRB 1 |
|
7 |
Oryza sativa L. cv. Pelde |
|
8 |
Oryza sativa L. cv. Doongara |
|
9 |
Oryza sativa L. cv. Goolarah |
|
10 |
Oryza sativa L. cv. Blue Bonnet 50 |
|
11 |
Oryza sativa L. cv. Star Bonnet |
|
12 |
Oryza sativa L. cv. Lemont |
|
13 |
Oryza sativa L. cv. Fin |
|
14 |
Oryza sativa L. cv. Harra |
|
15 |
Oryza sativa L. cv. Illabong |
|
16 |
Oryza sativa L. cv. Jarrah |
|
17 |
Oryza sativa L. cv. Koshihikari |
|
18 |
Oryza sativa L. cv. Kyeema |
|
19 |
Oryza sativa L. cv. Langi |
|
20 |
Oryza sativa L. cv. Millin |
|
21 |
Oryza sativa L. cv. Namaga |
|
22 |
Oryza sativa L. cv. YK 4 |
|
23 |
Oryza sativa L. cv. YRF 9 |
|
24 |
Oryza sativa L. cv. YRF 10 |
|
25 |
Oryza sativa L. cv. YRF 203 |
|
26 |
Oryza sativa L. cv. YRL 34 |
|
27 |
Oryza sativa L. cv. YRL 37 |
|
28 |
Oryza sativa L. cv. YRM 34 |
|
29 |
Oryza sativa L. cv. YRM 39 |
|
30 |
Oryza sativa L. cv. YRM 41 |
|
31 |
Oryza sativa L. cv. YRW 4 |
Before the Governor-General makes regulations for the purposes of clause
1, the Minister must take into consideration any relevant recommendation made to
the Minister by a rice industry body.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Rice Levy Act 1991; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to an instrument (other than regulations)
if:
(a) the instrument was made for the purposes of a particular provision of
the Rice Levy Act 1991; and
(b) the instrument was in force immediately before the commencement of
this clause.
(2) The instrument has effect, after the commencement of this clause, as
if it had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to an authorisation if:
(a) the authorisation was made for the purposes of a particular provision
of the Rice Levy Act 1991; and
(b) the authorisation was in force immediately before the commencement of
this clause.
(2) The authorisation has effect, after the commencement of this clause,
as if it had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
accepted sugar cane means sugar cane accepted at a sugar mill
for processing.
processing means processing for the purpose of producing raw
sugar.
sugar cane means stalks (whether whole or not) of the sugar
cane plant.
sugar industry organisations means the organisations
prescribed by the regulations for the purposes of this definition.
sugar mill means any premises at which sugar cane is
processed.
(1) This clause applies if the ownership of sugar cane passes from the
grower of that sugar cane to a person in a way that does not involve, or to a
number of persons in succession, in ways none of which involves, the delivery of
that sugar cane to any person.
(2) A reference in this Schedule to the grower must, in
relation to that sugar cane, be read as a reference to that person or to the
last of those persons, as the case may be.
Levy is imposed on sugar cane produced in Australia (whether before or
after the commencement of this Schedule) and accepted at a sugar mill for
processing, if the acceptance occurs after the commencement of this
Schedule.
The rate of levy imposed by this Schedule on sugar cane is 15 cents per
tonne or such other rate (not exceeding 15 cents per tonne) as is prescribed by
the regulations for the purposes of this clause.
Levy imposed by this Schedule on accepted sugar cane is
payable:
(a) as to 50% of the levy or such other percentage as is prescribed for
the purposes of this paragraph—by the producer prescribed for the purposes
of this paragraph; and
(b) as to the remainder of the levy—by the processor of the accepted
sugar cane.
Before the Governor-General makes regulations for the purposes
of:
(a) clause 4; or
(b) paragraph 5(a) of this Schedule;
the Minister must take into consideration any relevant recommendation
arising out of consultations between the Minister and the sugar industry
organisations.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Sugar Cane Levy Act 1987; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
value means sale value as ascertained in accordance with the
regulations.
(1) If a producer of wheat permits the wheat to be:
(a) delivered to another person; or
(b) taken by another person out of the producer’s possession or
control;
the producer is taken, for the purposes of this Schedule, to have delivered
the wheat to the other person.
(2) If a producer of wheat causes the wheat to be carried by a person or
persons to another person (the receiver) who does not receive the
wheat for the purpose of carrying it to a further destination, the wheat is
taken, for the purposes of this Schedule, to have been delivered to the
receiver.
If the ownership of wheat passes from the producer to a person, or to a
number of persons in succession, without any delivery of the wheat, a reference
in this Schedule to the producer is a reference to that person or
the last of those persons, as the case may be.
(1) Levy is imposed on wheat produced in Australia if the wheat
is:
(a) delivered by the producer to another person (otherwise than for
storage on behalf of the producer); or
(b) processed by or for the producer;
after the commencement of this Schedule.
(2) Levy is not imposed by this Schedule on wheat if:
(a) the wheat is processed by or for the producer; and
(b) all the products and by-products of the processing of that wheat are
used by the producer for domestic purposes but not for commercial
purposes.
(3) If the total amount of levy that would, apart from this subclause, be
imposed by this Schedule on:
(a) wheat delivered by a producer in a levy year; and
(b) wheat processed by or for the same producer in that levy
year;
is less than the prescribed minimum amount for that levy year, levy is not
imposed by this Schedule on that wheat.
The rate of levy imposed by this Schedule is:
(a) 5% of the value of the wheat; or
(b) if a lower percentage is prescribed by the regulations—that
lower rate.
The levy imposed by this Schedule on wheat is payable by the producer of
the wheat.
Before the Governor-General makes any regulations for the purposes of
clause 4 or 5, the Minister must take into consideration any relevant
recommendation made to the Minister by the Grains Council of
Australia.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Wheat Levy Act 1989; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
Corporation means the Australian Wine and Brandy Corporation
established by the Australian Wine and Brandy Corporation Act
1980.
declared winemakers’ organisation has the same meaning
as in the Australian Wine and Brandy Corporation Act 1980.
dried grapes means grapes containing less than 60% of
moisture.
fresh grape equivalent, in relation to a quantity of
prescribed goods other than fresh grapes, means the quantity of fresh grapes
that, as ascertained in accordance with clause 4, is the equivalent of that
quantity of prescribed goods.
fresh grapes means grapes containing not less than 60% of
moisture.
prescribed goods means:
(a) fresh grapes; and
(b) dried grapes; and
(c) grape juice, whether single-strength or concentrated;
being grapes or grape juice produced in Australia.
wine-making process means:
(a) a process that is a step in the manufacture of wine (including wine
used, or intended for use, in the manufacture of brandy); and
(b) a process that is a step in the production of grape spirit suitable
for the fortifying of wine or the manufacture of brandy; and
(c) the addition of single-strength grape juice or concentrated grape
juice to wine;
but does not include:
(d) the extraction of juice from grapes; or
(e) the concentration of grape juice.
For the purposes of this Schedule, prescribed goods are taken to have
been used in the manufacture of wine if they are subjected to any wine-making
process, whether or not that process or any other wine-making process is
completed in respect of those prescribed goods.
For the purposes of this Schedule, the day on which prescribed goods are
taken to have been used in the manufacture of wine is the day on which they are
first subjected to a wine-making process.
(1) For the purposes of this Schedule, the quantity of fresh grapes that
is the equivalent of a quantity of prescribed goods other than fresh grapes is a
number of tonnes equal to:
(a) in the case of dried grapes—a number worked out by multiplying
the number of tonnes of that quantity of dried grapes by 3; and
(b) in the case of grape juice—a number worked out by dividing the
number of litres of that quantity of grape juice:
(i) in the case of single-strength grape juice—by 800 or, if another
number is prescribed for the purposes of this subparagraph, that other number;
and
(ii) in the case of concentrated grape juice—by a number that bears
to the number referred to in subparagraph (i) the same proportion that the
strength of the single-strength grape juice from which the concentrated grape
juice was derived bears to the strength of the concentrated grape
juice.
(2) For the purposes of this Schedule, the number of tonnes in a quantity
of prescribed goods that are not fresh grapes is to be taken to be the fresh
grape equivalent of the goods.
For the purposes of this Schedule, premises are taken to be a winery
during a year if the quantity (if any) of fresh grapes, together with the fresh
grape equivalent of the quantity (if any) of prescribed goods other than fresh
grapes, used in the manufacture of wine at those premises during:
(a) that year; or
(b) either of the immediately preceding 2 years (including years
commencing before the commencement of this Schedule);
amounts, or amounted, to not less than 5 tonnes.
(1) Levy is imposed on prescribed goods used at a winery in Australia
after the commencement of this Schedule in the manufacture of wine.
(2) The regulations may exempt from levy imposed by this Schedule
prescribed goods of a specified class.
(1) The levy imposed by this Schedule on prescribed goods used at a winery
in a year is the sum of:
(a) an amount calculated in accordance with the regulations in respect of
that year; and
(b) an amount at the rate of the research amount per tonne of the
goods.
(2) In this clause:
research amount means $1.90 or such other amount, not
exceeding $3, as is prescribed.
(3) The total of the amounts calculated under paragraph (1)(a) in respect
of prescribed goods used at wineries in a year is not to exceed an amount equal
to 0.5% of the amount that the Minister determines to be the gross value of
production of prescribed goods for that year.
(4) The regulations must provide for the manner in which the Minister is
to determine the amount of the gross value of production of prescribed goods for
a year.
Levy imposed by this Schedule in respect of any prescribed goods used at
a winery during a year in the manufacture of wine is payable by the
producer.
(1) The Corporation may make recommendations to the Minister in relation
to regulations to be made for the purposes of paragraph 7(1)(a) of this
Schedule.
(2) The Corporation must not make a recommendation under subclause (1)
unless a motion to endorse the recommendation has been considered at an annual
general meeting within the meaning of the Australian Wine and Brandy
Corporation Act 1980.
(3) Before the Governor-General makes regulations for the purposes of
paragraph 7(1)(a) of this Schedule, the Minister must take into
consideration:
(a) any relevant recommendation made to the Minister under subclause (1);
and
(b) any relevant matter notified to the Minister under section 29ZA of the
Australian Wine and Brandy Corporation Act 1980.
(4) A declared winemakers’ organisation may make recommendations to
the Minister with respect to regulations to be made for the purposes of the
definition of research amount in subclause 7(2).
(5) Before the Governor-General makes regulations for the purposes of
subclause 7(2), the Minister must take into consideration any relevant
recommendation made to the Minister under subclause (4).
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Wine Grapes Levy Act 1979; and
(b) the regulations were in force immediately before the commencement of
this clause.
(2) The regulations have effect, after the commencement of this clause, as
if they had been made for the purposes of the corresponding provision of this
Schedule.
(1) This clause applies to a determination if:
(a) the determination was made for the purposes of a particular provision
of the Wine Grapes Levy Act 1979; and
(b) the determination was in force immediately before the commencement of
this clause.
(2) The determination has effect, after the commencement of this clause,
as if it had been made for the purposes of the corresponding provision of this
Schedule.
In this Schedule:
animal means any member, alive or dead, of the animal kingdom
(other than a human being).
animal product means:
(a) an animal; or
(b) any part of an animal; or
(c) anything produced by an animal; or
(d) anything wholly or principally produced from, or wholly or principally
derived from, an animal.
designated body, in relation to a particular product, has the
meaning given by clause 13.
forest operations includes the production, growing or raising
of forest products.
horticultural products has the same meaning as in the
Australian Horticultural Corporation Act 1987.
horticulture means the production, growing or raising of
horticultural products.
levy means a levy imposed by regulations made for the
purposes of Part 2 of this Schedule.
plant means any member, alive or dead, of the plant kingdom,
and includes fungi.
plant product means:
(a) a plant; or
(b) any part of a plant; or
(c) anything produced by a plant; or
(d) anything wholly or principally produced from, or wholly or principally
derived from, a plant.
produce of a primary industry means products that result from
any of the following (whether or not any operations have been performed in
relation to the products):
(a) agriculture or the cultivation of land;
(b) the maintenance of animals for commercial purposes;
(c) forest operations;
(d) fishing;
(e) hunting or trapping;
(f) horticulture;
(g) any other primary industry activity.
product means an animal product or a plant product (whether
or not any operations have been performed in relation to the animal product or
plant product).
(1) The regulations may impose a levy on one or more specified products in
circumstances ascertained in accordance with the regulations.
Note: Products may be specified by name, by inclusion in a
specified class, or in any other way.
(2) The products must be produce of a primary industry.
This Part does not prevent the imposition of 2 or more levies, whether on
the same products or on different products.
This Part does not authorise the imposition of a levy named National
Residue Survey Levy.
This Part does not prevent the imposition of a levy on a particular
product in particular circumstances if another Schedule to this Act applies to
the product, whether in those circumstances or in any other
circumstances.
The rate of a levy is ascertained in accordance with the
regulations.
(1) The rate of a levy may be expressed to be equal to the sum of such
components as are prescribed.
(2) Subclause (1) does not, by implication, limit the generality of clause
6.
(1) Different rates of the same levy may be prescribed for different kinds
of products.
(2) Subclause (1) does not, by implication, limit the generality of any
other provision of this Part.
(3) Subclause (1) does not, by implication, limit the application of
subsection 33(3A) of the Acts Interpretation Act 1901.
(1) The total rate of levy, or total rates of levies, that may be imposed
on an animal product must not exceed whichever is the greatest of the
following:
(a) $5 per unit of the animal product;
(b) 35 cents per kilogram of the animal product;
(c) 7% of the value of the animal product.
(2) Subclause (1) applies to animal products, whether or not any
operations have been performed in relation to the products.
(1) The total rate of levy, or total rates of levies, that may be imposed
on a plant product must not exceed whichever is the greater of the
following:
(a) $5 per unit of the plant product;
(b) 5% of the value of the plant product.
(2) Subclause (1) applies to plant products, whether or not any operations
have been performed in relation to the products.
A levy is payable by the person ascertained in accordance with the
regulations.
The regulations may provide for exemptions from a levy.
(1) The Minister may, by writing, declare that, for the purposes of this
Part, a specified body is to be a designated body in relation to one or more
specified products.
Note: Products may be specified by name, by inclusion in a
specified class, or in any other way.
(2) The declaration has effect accordingly.
(3) A declaration under this clause comes into force at a time specified
in the declaration. The specified time must not be later than the 28th day after
the day on which the declaration was made.
(4) A declaration under this clause is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.
(1) This clause applies to regulations made for the purposes of this
Schedule.
(2) If there is a single body that is a designated body in relation to a
particular product, then, before the Governor-General makes a regulation in
relation to the product, the Minister must take into consideration any relevant
recommendation made to the Minister by the body.
(3) If there are 2 or more bodies that are designated bodies in relation
to a particular product, then, before the Governor-General makes a regulation in
relation to the product (other than a regulation that has the effect of reducing
the rate of a levy), the Minister must take into consideration any relevant
recommendations made to the Minister by those bodies, so long as:
(a) each body that is a designated body in relation to the product has
made a relevant recommendation to the Minister; and
(b) all of the relevant recommendations are the same.
(4) Before making a recommendation under this clause, a designated body
must consult such other bodies (if any) as are specified in the
regulations.