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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 (Customs) Charges Bill 1998
No.
, 1998
(Agriculture, Fisheries and
Forestry)
A Bill for an Act relating to the
imposition of primary industries charges that are duties of
customs
ISBN: 2770 000369
Contents
A Bill for an Act relating to the imposition of primary
industries charges that are duties of customs
The Parliament of Australia enacts:
This Act may be cited as the Primary Industries (Customs) Charges Act
1998.
This Act commences on the commencement of section 1 of the Primary
Industries (Excise) Levies Act 1998.
The following is a simplified outline of this Act:
• This Act authorises the imposition of primary
industries charges that are duties of customs.
• Each of Schedules 1 to 13 imposes a
particular charge and makes provision for:
(a) the operative rate of the charge; and
(b) the maximum rate of the charge; and
(c) the person who is liable to pay the charge; and
(d) any exemptions from the charge.
• Schedule 14 allows the regulations to impose
charges. In addition to imposing a particular charge, regulations under Schedule
14 are to set out:
(a) the operative rate of the charge; and
(b) the person who is liable to pay the charge; and
(c) any exemptions from the charge.
• Schedule 14 sets out the maximum rate of
charge 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 charge only so far as the charge
is a duty of customs 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.
(1) Charge
is imposed on buffaloes exported from Australia after the commencement of this
Schedule.
(2) The regulations may provide that no amount of charge is payable by
producers of buffaloes under this Schedule.
(3) Despite anything else in this Schedule, if a regulation of the kind
referred to in subclause (2) is made, an amount of charge is not payable under
this Schedule on the export of buffaloes in respect of any period while the
regulation is in force.
The rate of charge imposed by this Schedule on the export 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.
Charge imposed by this Schedule on buffaloes exported from Australia is
payable by the producer of the buffaloes.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Buffalo Export Charge 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:
cattle means bovine animals other than buffalo.
dairy cattle means bovine animals that are, or, if they were
not 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.
licensed dairy premises means premises that, under the law of
the State or Territory in which the premises are situated, are authorised for
use as a dairy farm.
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.
(1) Charge is imposed on the export of cattle (other than dairy cattle)
from Australia after the commencement of this Schedule.
(2) The regulations may provide that no amount of charge is payable by
exporters of cattle under this Schedule.
(3) Despite anything else in this Schedule, if a regulation of the kind
referred to in subclause (2) is made, an amount of charge is not payable under
this Schedule on the export of cattle from Australia in respect of any period
while the regulation is in force.
(1) The rate of charge imposed by this Schedule on the export of cattle is
the sum of the following amounts per kilogram of cattle so exported:
(a) the prescribed amount (not exceeding 3 cents);
(b) the prescribed amount (not exceeding 0.5 cent).
Note 1: Paragraph (1)(a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (1)(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 calculating charge imposed by this Schedule, the
weight of cattle exported is their liveweight described in the bill of lading,
or similar document of title, facilitating the export of such cattle.
(3) Where the liveweight of cattle exported is not described in the bill
of lading, or similar document of title, facilitating the export of the cattle,
then, for the purposes of calculating charge imposed by this Schedule, the
liveweight of the cattle is taken to be 480 kilograms per head.
Charge imposed by this Schedule on the export of cattle from Australia is
payable by the exporter of the cattle.
(1) The Minister may, by notice in the Gazette, declare that the
body specified in the declaration is the body whose recommendations 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 prescribing an amount 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 (Exporters) Export Charge 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 (Exporters) Export Charge 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.
(1) In this Schedule:
bobby calf means a bovine animal (other than a
buffalo):
(a) which, at the time when it is exported, had or has a liveweight that
did not or does not exceed 80kg; or
(b) which has not had its liveweight determined at the time when it is
exported 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 40kg.
cattle means bovine animals other than buffalo.
chargeable bobby calf means a bobby calf to which subclause
3(3) does not apply.
dairy cattle means bovine animals that are, or, if they were
not 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.
licensed dairy premises means premises that, under the law of
the State or Territory in which the premises are situated, are authorised for
use as a dairy farm.
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.
(2) 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 charge imposed by this Schedule.
(1) Charge is imposed on the export from Australia after the commencement
of this Schedule of cattle (other than dairy cattle). However, charge is not
imposed by this subclause on the export of cattle (other than dairy cattle) if
levy under Schedule 3 to the Primary Industries (Excise) Levies Act 1998
or the repealed Cattle Transactions Levy Act 1997 has been paid, or is
payable, in respect of an act or transaction relating to the cattle.
(2) Charge is imposed on the export from Australia after the commencement
of this Schedule of cattle (other than dairy cattle) if:
(a) the cattle were purchased by the exporter, whether before or after the
commencement of this Schedule; and
(b) the period starting on the date of the purchase and ending on the date
of the export is longer than the longest of the following periods:
(i) 60 days;
(ii) the period for which the cattle are required under the Quarantine
Act 1908 to be held in quarantine before being exported;
(iii) the period for which the cattle are required under the law of the
country to which they are being exported to be held in quarantine before being
exported.
(1) The rate of each of the charges imposed by this Schedule on the export
of each head of cattle (other than a chargeable 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 (1)(a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (1)(b) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
research body.
Note 3: Paragraph (1)(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 (1)(d) identifies amounts that, under the
Australian Animal Health Council (Live-stock Industries) Funding Act
1996, are destined for the Australian Animal Health
Council.
(2) The rate of each of the charges imposed by this Schedule on the export
of each head of cattle that is a chargeable 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 (2)(a) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
marketing body.
Note 2: Paragraph (2)(b) identifies amounts that, under the
Australian Meat and Live-stock Industry Act 1997, are destined for the
research body.
Note 3: Paragraph (2)(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 (2)(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) For the purposes of subclause (1), a cow with a calf at foot are
together taken to constitute a single head of cattle.
Charge imposed by this Schedule on the export of cattle from Australia is
payable by the producer of the cattle.
(1) The Minister may, by notice in the Gazette, declare that the
body specified in the declaration is the body whose recommendations about the
amount to be prescribed for the purposes of paragraph 3(1)(a), 3(1)(b), 3(1)(d),
3(2)(a), 3(2)(b) or 3(2)(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 prescribing an amount 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 (Producers) Export Charges 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 (Producers) Export Charges 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.
(1) Words and expressions used in this Schedule have the same meanings as
in Schedule 6 to the Primary Industries (Excise) Levies Act
1998.
Note: Clause 6 provides that charge imposed by this Schedule
may be referred to either as a charge or a levy.
(2) 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 of Schedule 6 to the
Primary Industries (Excise) Levies Act 1998, for a month or months of the
year; or
(b) during the year, the person has exported from Australia dairy produce
and:
(i) relevant dairy produce used, whether by that person or by another
person, in the manufacture of the exported dairy produce has been taken into
account in the calculation of manufacturing milk levy; and
(ii) the export of the dairy produce has not been taken into account for
the purposes of subclause 8(2) of Schedule 6 to the Primary Industries
(Excise) Levies Act 1998 or of subsection 7(2) of the repealed Dairy
Produce Levy (No. 1) Act 1986.
(3) For the purposes of this Schedule, an export from Australia 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) of Schedule 6 to the Primary Industries (Excise)
Levies Act 1998 or of subsection 7(2) of the repealed Dairy Produce Levy
(No. 1) Act 1986; 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) of Schedule 6 to the Primary Industries
(Excise) Levies Act 1998 or of subsection 7(2) of the repealed Dairy
Produce Levy (No. 1) Act 1986.
(4) 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.
If:
(a) dairy produce is exported from Australia (whether before or after the
commencement of this Schedule); and
(b) one of the following conditions is satisfied:
(i) an amount has been paid, or is payable, to a person by way of a market
support payment under the Dairy Produce Act 1986 in respect of the dairy
produce;
(ii) the export of the dairy produce has been taken into account for the
purposes of subclause 8(2) of Schedule 6 to the Primary Industries (Excise)
Levies Act 1998 or of subsection 7(2) of the repealed Dairy Produce Levy
(No. 1) Act 1986;
(iii) a person has been paid, or is entitled to be paid, a manufacturing
milk levy rebate under section 108E of the Dairy Produce Act 1986 in
relation to the export of the dairy produce; and
(c) the dairy produce is subsequently imported into Australia, after the
commencement of this Schedule, in the same form, or substantially the same form,
as it was exported;
charge is imposed on the dairy produce.
(1) Charge is imposed on the total quantity of dairy produce imported into
Australia during a financial year commencing on or after 1 July 1999:
(a) by a prescribed exporter; or
(b) if the prescribed exporter is a body corporate, by a body corporate
(other than a prescribed exporter) that is related to the prescribed
exporter.
(2) Charge is not imposed by this clause on dairy produce in relation to
which charge has been paid, or is payable, under clause 2.
Re-importation of exported dairy produce
(1) The amount of the charge imposed on dairy produce by clause 2 is an
amount equal to the total of:
(a) an amount calculated at the milk fat rate for the month in which the
dairy produce is imported on the milk fat content of the dairy produce when
imported; and
(b) an amount calculated at the protein rate for the month in which the
dairy produce is imported on the protein content of the dairy produce when
imported.
Import offset
(2) Subject to subclause (3), the amount of the charge imposed by clause 3
on dairy produce imported during a financial year is calculated as
follows:
(a) in respect of each quantity of dairy produce imported:
(i) an amount is calculated at the milk fat rate for the month in which
the dairy produce was imported on the milk fat content of the dairy produce when
imported; and
(ii) an amount is calculated at the protein rate for the month in which
the dairy produce was imported on the protein content of the dairy produce when
imported;
(b) the amount of the charge is an amount equal to the total of the
amounts calculated under paragraph (a) in respect of the dairy produce imported
during the year.
(3) Subject to subclause (4), the maximum amount of the charge imposed by
clause 3 on dairy produce imported 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 has been paid, or is payable, by the prescribed exporter
under clause 2 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 so
paid or payable;
(d) if no deduction is made under paragraph (c), the total arrived at
under paragraph (b) is the maximum amount.
(4) If:
(a) charge has been paid, or is payable, by the prescribed exporter under
clause 2 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);
charge is not imposed by clause 3 on the importation of dairy produce by
the prescribed exporter or, if the prescribed exporter is a body corporate, by a
body corporate that is related to the prescribed exporter, during the financial
year.
(5) In this clause, a reference to the milk fat rate for a
month or the protein rate for a month has the same meaning as in
clause 8 of Schedule 6 to the Primary Industries (Excise) Levies Act
1998.
(1) Charge imposed on dairy produce by clause 2 is payable by the importer
of the dairy produce.
(2) Charge imposed on dairy produce by clause 3 is payable by the
prescribed exporter referred to in that clause.
(1) Charge imposed by this Schedule may be referred to either as a charge
or a levy.
(2) Subclause (1) has effect only for the purposes of the imposition of
the charge.
In this Schedule:
representative industry organisation means:
(a) the organisation known as the Deer Industry Association of Australia
Limited; or
(b) such other organisation as is specified in the regulations.
Charge is imposed on live deer produced in Australia (whether before or
after the commencement of this Schedule) that are exported from Australia after
the commencement of this Schedule.
(1) The rate of charge imposed by this Schedule on live deer is:
(a) the amount per head that is specified in the regulations; or
(b) if no amount is specified in the regulations, $10.00 per
head.
(2) The amount specified in the regulations for the purposes of paragraph
(1)(a) must not exceed $20.00 per head.
Charge imposed by this Schedule on live deer is payable by the producer
of the deer.
Before the Governor-General makes a regulation specifying an amount for
the purposes of paragraph 3(1)(a) of this Schedule, 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
Export Charge 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:
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) such other organisation as is specified in the regulations.
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) Charge is imposed on deer velvet produced in Australia (whether before
or after the commencement of this Schedule) that is exported from Australia
after the commencement of this Schedule.
(2) Charge is not imposed by this Schedule on deer velvet on which levy
has already been imposed by Schedule 8 to the Primary Industries (Excise)
Levies Act 1998 or by the repealed Deer Velvet Levy Act
1992.
(1) The rate of charge imposed by this Schedule 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.
Declared value
(2) For the purposes of subclause (1), the declared value of
a quantity of deer velvet is the value of the velvet described in the bill of
lading, or similar document of title, facilitating the export of the deer
velvet.
(3) If the Secretary reasonably believes that the declared value of a
quantity of deer velvet ascertained under subclause (2) is not fair and
reasonable:
(a) subject to subclause (4), the Secretary may determine a value that, in
the Secretary’s opinion, is a fair and reasonable value for the deer
velvet; and
(b) the value so determined is the declared value of the deer velvet for
the purposes of calculation of charge imposed by this Schedule.
Note: A determination by the Secretary of the declared value
of deer velvet exported from Australia is reviewable under section 28 of the
Primary Industries Levies and Charges Collection Act
1991.
(4) For the purposes of determining the value of deer velvet under
paragraph (3)(a), the Secretary must have regard only to the
following:
(a) the quantity of the deer velvet;
(b) the quality of the 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 exported;
(d) the matters (if any) specified in the regulations.
Maximum rate
(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.
Delegation
(6) The Secretary may, by writing, delegate the power to determine the
declared value of deer velvet to a senior officer.
Charge 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 paragraph 3(1)(a) of this Schedule, 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 Export Charge 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 delegation if:
(a) the delegation was made for the purposes of a particular provision of
the Deer Velvet Export Charge 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:
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:
(a) are intended for export; and
(b) have not undergone any form of processing other than:
(i) debarking; or
(ii) any other process prescribed by regulations made for the purposes of
paragraph (b) of the definition of logs in clause 1 of Schedule 10
to the Primary Industries (Excise) Levies Act 1998.
mill has the same meaning as in Schedule 10 to the Primary
Industries (Excise) Levies Act 1998.
(1) Charge is imposed on logs produced in Australia (whether before or
after the commencement of this Schedule) and exported from Australia after the
commencement of this Schedule.
(2) Charge is not imposed by this Schedule on logs if:
(a) levy under Schedule 10 to the Primary Industries (Excise) Levies
Act 1998 or the repealed Forest Industries Research Levy Act 1993 has
already been paid on the logs; or
(b) charge under this Schedule or 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 charge
imposed by this Schedule.
(1) The rate of charge imposed by this Schedule is equal to the rate of
levy (if any) that would have been imposed under Schedule 10 to the Primary
Industries (Excise) Levies Act 1998 if the logs had been delivered to a mill
in Australia.
(2) The regulations may provide that charge is not payable if the amount
to be collected is less than an amount specified in the regulations.
Charge imposed by this Schedule on logs is payable by the exporter of the
logs.
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 Export Charge 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:
forest products means:
(a) logs; or
(b) such other products as are described in Chapter 44 of Schedule 3 to
the Customs Tariff Act 1995 and prescribed by the regulations.
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 has the same meaning as in Schedule 10 to the Primary
Industries (Excise) Levies Act 1998.
mill has the same meaning as in Schedule 10 to the Primary
Industries (Excise) Levies Act 1998.
(1) Charge is imposed on forest products imported into Australia after the
commencement of this Schedule.
(2) The regulations may exempt a specified class of forest products from
charge imposed by this Schedule.
(1) The rate of charge imposed by this Schedule is:
(a) if the forest products are logs—the rate of levy (if any) that
would have been payable under Schedule 10 to the Primary Industries (Excise)
Levies Act 1998 if the logs had been produced in Australia and delivered to
a mill in Australia; or
(b) otherwise—a rate worked out by multiplying:
(i) the rate of levy (if any) that would have been payable under Schedule
10 to the Primary Industries (Excise) Levies Act 1998 in respect of logs
of the same class that were used to produce the forest products if the logs had
been produced in Australia and delivered to a mill in Australia; and
(ii) the conversion factor determined by the Minister to apply to forest
products of the class in question.
(2) The Minister may determine in writing, for a class of forest products,
a conversion factor that, in the Minister’s opinion, reasonably
approximates (but does not exceed) the average proportionality
between:
(a) volumes of logs that are used, in accordance with normal wood
processing practices in Australia, to produce such volumes of those forest
products; and
(b) volumes of forest products in that class.
(3) Before making a determination, the Minister must take into
consideration any relevant recommendation made to him or her by an industry
body.
(4) Such determinations are disallowable instruments for the purposes of
section 46A of the Acts Interpretation Act 1901.
(5) The regulations may provide that the charge imposed by this Schedule
is not payable if the amount to be collected is less than an amount specified in
the regulations.
Charge imposed by this Schedule on forest products is payable by the
importer of the forest products.
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 Import Charge 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.
(1) This clause applies to a determination if:
(a) the determination was made for the purposes of a particular provision
of the Forest Industries Research Import Charge Act 1993; 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:
Corporation means the Australian Horticultural
Corporation.
honey means honey that is produced in Australia.
producers’ organisation means the organisation known as
the Federal Council of Australian Apiarists’ Associations, or, if another
organisation is prescribed for the purposes of this definition, that other
organisation.
R&D authority means:
(a) where charge 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 charge 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 charge 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) Charge is imposed on honey that is exported from Australia after the
commencement of this Schedule.
(2) Charge is not imposed by this Schedule on honey included in a class of
honey declared by the regulations to be a class of honey that is exempt from
charge.
(3) Charge is not imposed by this Schedule on honey on which levy imposed
by clause 2 of Schedule 14 to the Primary Industries (Excise) Levies Act
1998 or by the repealed Honey Levy Act (No. 1) 1962 has been paid or
is payable.
(4) If, in any month, a person exports honey on which charge is imposed by
this Schedule but the weight of the total quantity of such honey exported by the
person in that month does not exceed 50 kilograms, charge is not payable under
this Schedule in respect of honey exported by the person in that
month.
The rate of charge imposed by this Schedule on honey is:
(a) a charge at the rate of 0.50 cent per kilogram; or
(b) if another rate, not exceeding 0.75 cent per kilogram, is prescribed
for the purposes of this clause, that other rate.
Charge imposed by this Schedule on honey exported from Australia is
payable by the producer of the honey.
(1) Before
the Governor-General makes regulations for the purposes of subclause 2(2), the
Minister must take into consideration any relevant recommendation made to the
Minister by the producers’ organisation.
(2) The producers’ organisation must not make a recommendation to
the Minister under subclause (1) unless it has consulted the Corporation in
relation to the recommendation.
(3) Before the Governor-General makes regulations for the purposes of
clause 3, 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
Export Charge Act 1973; 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:
chargeable horticultural products means horticultural
products prescribed for the purposes of this definition.
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.
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) Charge is imposed on chargeable horticultural products produced in
Australia (whether before or after the commencement of this Schedule) that are
exported from Australia after the commencement of this Schedule.
(2) Charge
is not imposed on chargeable horticultural products if the producer has paid
levy imposed by Schedule 15 to the Primary Industries (Excise) Levies Act
1998, or by the repealed Horticultural Levy Act 1987, on those
horticultural products.
(3) The regulations may exempt from charge imposed by this
Schedule:
(a) chargeable horticultural products exported by a specified class of
persons; or
(b) specified subclasses of a class of chargeable horticultural
products.
(1) The rate of charge imposed by this Schedule on a chargeable
horticultural product is the sum of the rates prescribed for the purposes of
subclauses (3), (4), (5) and (6) that are applicable to the class of chargeable
horticultural products in which the product is included.
Maximum rate
(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 charge in the current
financial year in relation to products in the class of products must not exceed
5% of the average of those values.
Rates
of charge destined for the Australian Horticultural Corporation
(3) The regulations may fix a rate of charge for the purposes of this
subclause in relation to a class of chargeable horticultural products.
Rates
of charge destined for a Product Board
(4) If a Product Board is established under the Australian
Horticultural Corporation Act 1987, the regulations may fix a rate of charge
for the purposes of this subclause in relation to a class of chargeable
horticultural products, being horticultural products in respect of which the
Product Board was established.
Rates
of charge destined for the Horticultural Research and Development
Corporation
(5) The regulations may fix a rate of charge for the purposes of this
subclause in relation to a class of chargeable horticultural products.
Rates
of charge destined for other purposes
(6) The regulations may fix a rate of charge for the purposes of this
subclause in relation to a class of chargeable horticultural products.
Flexibility
in relation to rates of charge
(7) Without limiting subclauses (3), (4), (5) and (6):
(a) different rates may, for the purposes of those subclauses or any one
of them, be prescribed for different classes of chargeable horticultural
products; and
(b) different rates may be prescribed in relation to a class of chargeable
horticultural products for the purposes of each of those subclauses;
and
(c) a rate may be prescribed in relation to a class of chargeable
horticultural products for the purposes of one or more of those subclauses, and
not for the purposes of the other subclauses or subclause.
(8) Subclause
(7) does not, by implication, limit the application of subsection 33(3A) of the
Acts Interpretation Act 1901.
Charge imposed by this Schedule on chargeable horticultural products is
payable by the producer of the products.
(1) Without limiting the manner in which classes of chargeable
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 exported or sold for export;
or
(b) the state, form or condition of the products, whether by reference to
a process or otherwise.
(2) Before the Governor-General makes regulations for the purposes of
subclause 2(3), 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.
(3) Before the Governor-General makes regulations for the purposes of
subclause 3(3), the Minister must take into consideration any relevant
recommendation made to the Minister by the Australian Horticultural
Corporation.
(4) Before the Governor-General makes regulations for the purposes of
subclause 3(4), the Minister must take into consideration any relevant
recommendation made to the Minister by the Product Board concerned.
(5) Before the Governor-General makes regulations for the purposes of
subclause 3(5), the Minister must take into consideration any relevant
recommendation made to the Minister by the Horticultural Research and
Development Corporation.
(6) Before making a recommendation to the Minister for the purposes of
subclause (2) or (3), the Australian Horticultural Corporation must consult with
the body that, under the regulations, is the eligible industry body
for:
(a) the relevant chargeable horticultural products; or
(b) the relevant class or subclass of chargeable horticultural
products;
as the case requires.
(7) Before making a recommendation to the Minister for the purposes of
subclause (2) or (5), the Horticultural Research and Development Corporation
must consult with the body that, under the regulations, is the eligible industry
body for:
(a) the relevant chargeable horticultural products; or
(b) the relevant class or subclass of chargeable horticultural
products;
as the case requires.
(8) A recommendation referred to in subclause (6) or (7) must be
accompanied by a written statement of the views of the body consulted in
relation to the making of the recommendation.
(9) 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 3(6) in relation to those products or
products included in that class or subclass, as the case may be.
(10) Before the Governor-General makes regulations for the purposes of
subclause 3(6), the Minister must take into consideration any relevant
recommendation made to the Minister under subclause (9).
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the
Horticultural
Export Charge 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:
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.
(1) Charge is imposed on the export of live-stock from Australia after the
commencement of this Schedule.
(2) Charge is not imposed by this Schedule on the export of live-stock
that is included in a class of live-stock that is, by notice in the
Gazette, declared:
(a) by the Minister; or
(b) by a person authorised by the Minister, in writing, for the purposes
of this clause;
to be a class of live-stock that is exempt from charge.
(3) The regulations may provide that no amount of charge is payable by
exporters 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 charge is not payable under
this Schedule on the export of live-stock from Australia in respect of any
period while the regulation is in force.
The rate of charge imposed by this Schedule on the export of each head of
sheep 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.
The rate of charge imposed by this Schedule on the export 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.
The rate of charge imposed by this Schedule on the export 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.
Charge imposed by this Schedule on the export of live-stock from
Australia is payable by the exporter 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(a), 3(b), 4(a), 4(b), 5(a) or 5(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 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 Live-stock (Exporters) Export Charge 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 (Exporters) Export Charge 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.
(1) This clause applies to an authorisation if:
(a) the authorisation was made for the purposes of a particular provision
of the Live-stock (Exporters) Export Charge Act 1997; 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:
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.
(1) Charge is imposed on the export of live-stock from Australia after the
commencement of this Schedule.
(2) Charge is not imposed by subclause (1) on the export of live-stock if
levy under Schedule 18 to the Primary Industries (Excise) Levies Act
1998, or under the repealed Live-stock Transactions Levy Act 1997,
has been paid, or is payable, in respect of an act or transaction relating
to the live-stock.
(3) Charge is imposed on the export of live-stock from Australia after the
commencement of this Schedule if:
(a) the live-stock were purchased by the exporter, whether before or after
the commencement of this Schedule; and
(b) the period starting on the date of the purchase and ending on the date
of the export is longer than the longest of the following periods:
(i) 30 days;
(ii) the period for which the live-stock are required under the
Quarantine Act 1908 to be held in quarantine before being
exported;
(iii) the period for which the live-stock are required under the law of
the country to which they are being exported to be held in quarantine before
being exported.
The rate of each of the charges imposed by this Schedule on the export of
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.
The rate of each of the charges imposed by this Schedule on the export of
each head of lambs 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.
The rate of each of the charges imposed by this Schedule on the export of
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.
Charge imposed by this Schedule on the export of live-stock from
Australia is payable by the producer 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(a), 3(b), 3(c), 4(a), 4(b), 4(c), 5(a), 5(b) or 5(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 prescribing an amount 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 Live-stock (Producers) Export Charges 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 (Producers) Export Charges 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:
Corporation means the Australian Wine and Brandy Corporation
established by the Australian Wine and Brandy Corporation Act
1980.
wine means an alcoholic beverage produced by the complete or
partial fermentation of fresh grapes or products derived solely from fresh
grapes, or both.
(1) Charge is imposed on wine produced in Australia (whether before or
after the commencement of this clause) that is exported from Australia after the
commencement of this Schedule.
(2) The
regulations may exempt from charge imposed by this Schedule:
(a) wine exported by a specified class of persons; or
(b) specified classes of wine.
(1) The rate of charge imposed by this Schedule in relation to wine is the
amount worked out in accordance with the regulations.
(2) The amount worked out in accordance with the regulations for the
purposes of subclause (1) must not exceed 0.5% of the free on board sales value
of the wine.
Charge imposed by this Schedule on wine is payable by the producer of the
wine.
(1) The Corporation may make recommendations to the Minister in relation
to regulations to be made for the purposes of clause 3.
(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
clause 3, the Minister must take into consideration:
(a) any relevant recommendation made under subclause (1); and
(b) any relevant matter notified to the Minister under section 29ZA of the
Australian Wine and Brandy Corporation Act 1980.
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision
of the Wine Export Charge 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:
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.
charge means a charge imposed by regulations made for the
purposes of Part 2 of this Schedule.
designated body, in relation to a particular product, has the
meaning given by clause 12.
forest operations includes the production, growing or raising
of forest products.
horticultural product has the same meaning as in the
Australian Horticultural Corporation Act 1987.
horticulture means the production, growing or raising of
horticultural products.
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 charge 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 charges, whether
on the same products or on different products.
This Part does not prevent the imposition of a charge 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 charge is ascertained in accordance with the
regulations.
(1) The rate of a charge 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
5.
(1) Different rates of the same charge 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 charge, or the total rates of charges, 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 charge, or the total rates of charges, 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 charge is payable by the person ascertained in accordance with the
regulations.
The regulations may provide for exemptions from a charge.
(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 charge), 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.