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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Primary Industries (Excise) Levies
Amendment Bill 2013
No. , 2013
(Agriculture, Fisheries and Forestry)
A Bill for an Act to amend the law relating to
primary industry levies, and for related purposes
i Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 3
Schedule 1--Amendments
4
Primary Industries (Excise) Levies Act 1999
4
Schedule 2--Contingent amendments
26
Part 1--Amendments
26
Primary Industries (Excise) Levies Act 1999
26
Part 2--Amendments
27
Primary Industries (Excise) Levies Act 1999
27
Sugar Research and Development Services (Consequential
Amendments--Excise) Act 2013
27
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 1
A Bill for an Act to amend the law relating to
1
primary industry levies, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Primary Industries (Excise) Levies
5
Amendment Act 2013.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
items 1 to 107
The day this Act receives the Royal Assent.
3. Schedule 1,
items 108 to 110
The day this Act receives the Royal Assent.
However, if Schedule 1 to the Sugar
Research and Development Services
(Consequential Amendments--Excise) Act
2013 commences before the start of the day
this Act receives the Royal Assent, the
provision(s) do not commence at all.
4. Schedule 1,
items 111 to 124
The day this Act receives the Royal Assent.
5. Schedule 2,
Part 1
The day this Act receives the Royal Assent.
However, if Schedule 1 to the Sugar
Research and Development Services
(Consequential Amendments--Excise) Act
2013 has not commenced before the start of
the day this Act receives the Royal Assent,
the provision(s) do not commence at all.
6. Schedule 2,
Part 2
Immediately after the commencement of
Schedule 1 to the Sugar Research and
Development Services (Consequential
Amendments--Excise) Act 2013.
However, if Schedule 1 to the Sugar
Research and Development Services
(Consequential Amendments--Excise) Act
2013 commences before the start of the day
this Act receives the Royal Assent, the
provision(s) do not commence at all.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 3
(2) Any information in column 3 of the table is not part of this Act.
1
Information may be inserted in this column, or information in it
2
may be edited, in any published version of this Act.
3
3 Schedule(s)
4
Each Act that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
Schedule 1 Amendments
4 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
Schedule 1
--
Amendments
1
2
Primary Industries (Excise) Levies Act 1999
3
1 Section 3
4
Omit "sets out", substitute "also deals with".
5
2 Paragraph 3(1)(a) of Schedule 1
6
Omit "(not exceeding 6 cents)".
7
3 Paragraph 3(1)(b) of Schedule 1
8
Omit "(not exceeding 1 cent)".
9
4 Subclause 5(1) of Schedule 1
10
Omit "recommendation", substitute "recommendations".
11
5 At the end of clause 5 of Schedule 1
12
Add:
13
(3) If there is no declaration in force under subclause (1), then, before
14
the Governor-General makes regulations for the purposes of
15
paragraph 3(1)(a) or 3(1)(b) of this Schedule, the Minister must
16
take into consideration any relevant recommendation made to the
17
Minister by:
18
(a) in relation to regulations for the purposes of
19
paragraph 3(1)(a) of this Schedule--the body declared under
20
section 60 of the Australian Meat and Live-stock Industry Act
21
1997 to be the meat processor marketing body; and
22
(b) in relation to regulations for the purposes of
23
paragraph 3(1)(b) of this Schedule--the body declared under
24
section 60 of the Australian Meat and Live-stock Industry Act
25
1997 to be the meat processor research body.
26
(4) Before a body mentioned in subclause (3) makes such a
27
recommendation to the Minister, the body must consult with the
28
persons who are required to pay the levy concerned.
29
(5) The regulations must not, for the purposes of paragraph 3(1)(a) or
30
3(1)(b) of this Schedule, prescribe an amount greater than the
31
Amendments Schedule 1
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 5
amount recommended to the Minister for the purposes of that
1
paragraph under subclause (2) or (3).
2
6 Paragraph 2(a) of Schedule 2
3
Omit "(not exceeding $18.00)".
4
7 Clause 2 of Schedule 2 (note 1)
5
Omit "and Energy".
6
8 After clause 3 of Schedule 2
7
Insert:
8
3A Regulations
9
(1) The Minister may, by notice in the Gazette, declare a body to be
10
the body whose recommendations about the amount to be
11
prescribed for the purposes of paragraph 2(a) of this Schedule are
12
to be taken into consideration under subclause (2).
13
(2) If a declaration is in force under subclause (1), then, before the
14
Governor-General makes regulations for the purposes of
15
paragraph 2(a) of this Schedule, the Minister must take into
16
consideration any relevant recommendation made to the Minister
17
by the body specified in the declaration.
18
(3) If there is no declaration in force under subclause (1), then, before
19
the Governor-General makes regulations for the purposes of
20
paragraph 2(a) of this Schedule, the Minister must take into
21
consideration any relevant recommendation made to the Minister
22
by the Rural Industries Research and Development Corporation
23
established under section 9 of the Primary Industries Research and
24
Development Act 1989.
25
(4) Before the Rural Industries Research and Development
26
Corporation makes such a recommendation to the Minister, the
27
Corporation must consult with the persons who are required to pay
28
the levy concerned.
29
(5) The regulations must not, for the purposes of paragraph 2(a) of this
30
Schedule, prescribe an amount greater than the amount
31
recommended to the Minister under subclause (2) or (3).
32
Schedule 1 Amendments
6 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
9 Paragraph 6(1)(a) of Schedule 3
1
Omit "(not exceeding $6.50)".
2
10 Paragraph 6(1)(b) of Schedule 3
3
Omit "(not exceeding $2.00)".
4
11 Paragraph 6(2)(a) of Schedule 3
5
Omit "(not exceeding $1.90)".
6
12 Paragraph 6(2)(b) of Schedule 3
7
Omit "(not exceeding 40 cents)".
8
13 Paragraph 6(3)(a) of Schedule 3
9
Omit "(not exceeding $6.50)".
10
14 Paragraph 6(3)(b) of Schedule 3
11
Omit "(not exceeding $2.00)".
12
15 At the end of clause 8 of Schedule 3
13
Add:
14
(3) If there is no declaration in force under subclause (1), then, before
15
the Governor-General makes regulations for the purposes of
16
paragraph 6(1)(a), 6(1)(b), 6(2)(a), 6(2)(b), 6(3)(a) or 6(3)(b) of
17
this Schedule, the Minister must take into consideration any
18
relevant recommendation made to the Minister by:
19
(a) in relation to regulations for the purposes of
20
paragraph 6(1)(a), 6(2)(a) or 6(3)(a) of this Schedule--the
21
industry marketing body; and
22
(b) in relation to regulations for the purposes of
23
paragraph 6(1)(b), 6(2)(b) or 6(3)(b) of this Schedule--the
24
industry research body.
25
(4) Before a body mentioned in subclause (3) makes such a
26
recommendation to the Minister, the body must consult with the
27
persons who are required to pay the levy concerned.
28
(5) The regulations must not, for the purposes of paragraph 6(1)(a),
29
6(1)(b), 6(2)(a), 6(2)(b), 6(3)(a) or 6(3)(b) of this Schedule,
30
prescribe an amount greater than the amount recommended to the
31
Amendments Schedule 1
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 7
Minister for the purposes of that paragraph under subclause (2) or
1
(3).
2
16 Clause 1 of Schedule 4 (paragraph (b) of the definition of
3
growers' organisation
)
4
Omit "the Grains Council of", substitute "Grain Producers".
5
17 Paragraph 6(1)(b) of Schedule 4
6
Omit "(not exceeding 3% of the value of the grain)".
7
18 Subclause 6(2) of Schedule 4
8
Omit "(not exceeding 3% of the value of the grain)".
9
19 Clause 8 of Schedule 4
10
Before "Before", insert "(1)".
11
20 At the end of clause 8 of Schedule 4
12
Add:
13
(2) If there is no growers' organisation, then, before the
14
Governor-General makes regulations for the purposes of clause 6,
15
the Minister must take into consideration any relevant
16
recommendation made to the Minister by the Research and
17
Development Corporation established under the Grains Research
18
and Development Corporation Regulations 1990.
19
(3) Before that Research and Development Corporation makes such a
20
recommendation to the Minister, it must consult with the persons
21
who are required to pay the levy concerned.
22
(4) The regulations must not, for the purposes of clause 6, prescribe a
23
rate of levy greater than the rate recommended to the Minister
24
under subclause (1) or (2).
25
21 Clause 3 of Schedule 5
26
Omit "(not exceeding $3.0267 per 227 kg)".
27
22 Clause 5 of Schedule 5
28
Before "Before", insert "(1)".
29
Schedule 1 Amendments
8 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
23 At the end of clause 5 of Schedule 5
1
Add:
2
(2) If there is no growers' organisation, then, before the
3
Governor-General makes regulations for the purposes of clause 3,
4
the Minister must take into consideration any relevant
5
recommendation made to the Minister by the Research and
6
Development Corporation established under the Cotton Research
7
and Development Corporation Regulations 1990.
8
(3) Before that Research and Development Corporation makes such a
9
recommendation to the Minister, it must consult with the persons
10
who are required to pay the levy concerned.
11
(4) The regulations must not, for the purposes of clause 3, prescribe a
12
rate of levy greater than the rate recommended to the Minister
13
under subclause (1) or (2).
14
24 Clause 11 of Schedule 6 (table item 3)
15
Repeal the item.
16
25 Clause 12 of Schedule 6 (table item 3)
17
Repeal the item.
18
26 Before subclause 14(2) of Schedule 6
19
Insert:
20
(1) Before the Governor-General makes regulations for the purposes of
21
clause 10 (so far as it relates to paragraph 6(1)(d) of this Schedule),
22
the Minister must take into consideration any relevant
23
recommendation made to the Minister by the industry services
24
body under subsection 9(1) of the Dairy Produce Act 1986.
25
(1A) The regulations must not, for the purposes of clause 10 (so far as it
26
relates to paragraph 6(1)(d) of this Schedule), prescribe a rate of
27
levy greater than the rate recommended to the Minister under
28
subsection 9(1) of the Dairy Produce Act 1986.
29
27 Subclause 3(4) of Schedule 7 (paragraph (a) of the
30
definition of prescribed amount)
31
Omit ", not exceeding 30 cents,".
32
Amendments Schedule 1
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 9
28 Clause 5 of Schedule 7
1
Before "Before", insert "(1)".
2
29 At the end of clause 5 of Schedule 7
3
Add:
4
(2) If there is no representative industry organisation, then, before the
5
Governor-General makes regulations specifying an amount for the
6
purposes of paragraph (a) of the definition of prescribed amount in
7
subclause 3(4), the Minister must take into consideration any
8
relevant recommendation made to the Minister by the Rural
9
Industries Research and Development Corporation established
10
under section 9 of the Primary Industries Research and
11
Development Act 1989.
12
(3) Before the Rural Industries Research and Development
13
Corporation makes such a recommendation to the Minister, it must
14
consult with the persons who are required to pay the levy
15
concerned.
16
(4) The regulations must not, for the purposes of paragraph (a) of the
17
definition of prescribed amount in subclause 3(4), specify a rate of
18
levy greater than the rate recommended to the Minister under
19
subclause (1) or (2).
20
30 Subclause 4(1) of Schedule 8
21
Omit "(1)".
22
31 Subclause 4(2) of Schedule 8
23
Repeal the subclause.
24
32 Subclause 5(5) of Schedule 8
25
Repeal the subclause.
26
33 Clause 7 of Schedule 8
27
Before "Before", insert "(1)".
28
34 Clause 7 of Schedule 8
29
Omit "subclause 4(1) or 5(1)", substitute "clause 4 or subclause 5(1)".
30
Schedule 1 Amendments
10 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
35 At the end of clause 7 of Schedule 8
1
Add:
2
(2) If there is no representative industry organisation, then, before the
3
Governor-General makes regulations for the purposes of clause 4
4
or subclause 5(1), the Minister must take into consideration any
5
relevant recommendation made to the Minister by the Rural
6
Industries Research and Development Corporation established
7
under section 9 of the Primary Industries Research and
8
Development Act 1989.
9
(3) Before the Rural Industries Research and Development
10
Corporation makes such a recommendation to the Minister, it must
11
consult with the persons who are required to pay the levy
12
concerned.
13
(4) The regulations must not, for the purposes of clause 4 or
14
subclause 5(1), specify a percentage greater than the percentage
15
recommended to the Minister for the purposes of that clause or
16
subclause under subclause (1) or (2).
17
36 Clause 1 of Schedule 9 (definition of R&D authority)
18
Repeal the definition, substitute:
19
R&D authority, in relation to a levy, means the R&D Corporation
20
established under the Primary Industries Research and
21
Development Act 1989 to which the levy is attached.
22
37 Clause 1 of Schedule 9 (definition of R&D Corporation)
23
Omit "and Energy".
24
38 Clause 1 of Schedule 9 (definition of R&D Council)
25
Repeal the definition.
26
39 Clause 1 of Schedule 9 (definition of R&D Fund)
27
Repeal the definition.
28
40 Subclause 4(2) of Schedule 9
29
Repeal the subclause.
30
Amendments Schedule 1
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 11
41 Clause 6 of Schedule 9
1
Repeal the clause, substitute:
2
6 Regulations
3
(1) The Minister may, by notice in the Gazette, declare a body to be a
4
body whose recommendations about regulations for the purposes
5
of clause 4 are to be taken into consideration under subclause (2).
6
(2) If a declaration is in force under subclause (1), then, before the
7
Governor-General makes regulations for the purposes of clause 4,
8
the Minister must take into consideration any relevant
9
recommendation made to the Minister by the body specified in the
10
declaration.
11
(3) If there is no declaration in force under subclause (1), then, before
12
the Governor-General makes regulations for the purposes of
13
clause 4, the Minister must take into consideration any relevant
14
recommendation made to the Minister by the R&D authority.
15
(4) Before the R&D authority makes such a recommendation to the
16
Minister, it must consult with the persons who are required to pay
17
the levy concerned.
18
(5) The regulations must not, for the purposes of this Schedule,
19
prescribe a rate of levy greater than the rate recommended to the
20
Minister under subclause (2) or (3).
21
42 Subclause 3(5) of Schedule 10
22
Repeal the subclause.
23
43 Clause 5 of Schedule 10
24
Before "Before", insert "(1)".
25
44 At the end of clause 5 of Schedule 10
26
Add:
27
(2) If there is no industry body, then, before the Governor-General
28
makes regulations for the purposes of this Schedule, the Minister
29
must take into consideration any relevant recommendation made to
30
the Minister by the company that is declared to be the industry
31
Schedule 1 Amendments
12 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
services body under Part 3 of the Forestry Marketing and Research
1
and Development Services Act 2007.
2
(3) Before the industry services body makes such a recommendation to
3
the Minister, it must consult with the persons who are required to
4
pay the levy concerned.
5
(4) The regulations must not, for the purposes of this Schedule,
6
prescribe a rate of levy greater than the rate recommended to the
7
Minister under subclause (1) or (2).
8
45 Paragraph 3(b) of Schedule 11
9
Omit "(not exceeding 5%)".
10
46 Clause 5 of Schedule 11
11
Before "Before", insert "(1)".
12
47 At the end of clause 5 of Schedule 11
13
Add:
14
(2) The Minister may, by notice in the Gazette, declare a body to be a
15
body whose recommendations about prescribing a percentage for
16
the purposes of clause 3 are to be taken into consideration under
17
subclause (3).
18
(3) If a declaration is in force under subclause (2), then, before the
19
Governor-General makes regulations prescribing a percentage for
20
the purposes of clause 3, the Minister must take into consideration
21
any relevant recommendation made to the Minister by the body
22
specified in the declaration.
23
(4) If there is no declaration in force under subclause (2), then, before
24
the Governor-General makes regulations in relation to the matters
25
mentioned in subclause (1), the Minister must take into
26
consideration any relevant recommendation made to the Minister
27
by the Rural Industries Research and Development Corporation
28
established under section 9 of the Primary Industries Research and
29
Development Act 1989.
30
(5) Before the Rural Industries Research and Development
31
Corporation makes such a recommendation to the Minister, it must
32
consult with the persons who are required to pay the levy
33
concerned.
34
Amendments Schedule 1
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 13
(6) The regulations must not, for the purposes of clause 3, prescribe a
1
percentage greater than the percentage recommended to the
2
Minister under subclause (3) or (4).
3
48 Clause 1 of Schedule 12 (definition of
growers'
4
organisation)
5
Omit "the Grains Council of", substitute "Grain Producers".
6
49 Subclause 6(1) of Schedule 12
7
Omit "(1)".
8
50 Subclause 6(2) of Schedule 12
9
Repeal the subclause.
10
51 Clause 8 of Schedule 12
11
Before "Before", insert "(1)".
12
52 At the end of clause 8 of Schedule 12
13
Add:
14
(2) If there is no growers' organisation, then, before the
15
Governor-General makes regulations for the purposes of
16
paragraph 6(b) of this Schedule, the Minister must take into
17
consideration any relevant recommendation made to the Minister
18
by the Research and Development Corporation established under
19
the Grains Research and Development Corporation
20
Regulations 1990.
21
(3) Before that Research and Development Corporation makes such a
22
recommendation to the Minister, it must consult with the persons
23
who are required to pay the levy concerned.
24
(4) The regulations must not, for the purposes of paragraph 6(b) of this
25
Schedule, prescribe a rate of levy greater than the rate
26
recommended to the Minister under subclause (1) or (2).
27
53 Clause 1 of Schedule 13 (definition of representative
28
organisation)
29
Repeal the definition, substitute:
30
Schedule 1 Amendments
14 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
representative organisation, in relation to a levy, means an
1
organisation declared under section 7 of the Primary Industries
2
Research and Development Act 1989 to be a representative
3
organisation of the R&D Corporation, established under that Act,
4
to which the levy is attached.
5
54 Subclause 5(2) of Schedule 13 (definition of standard
6
amount)
7
Omit ", not exceeding $2,".
8
55 Clause 7 of Schedule 13
9
Before "Before", insert "(1)".
10
56 At the end of clause 7 of Schedule 13
11
Add:
12
(2) If there is no representative organisation, then, before the
13
Governor-General makes regulations for the purposes of the
14
definition of standard amount in subclause 5(2), the Minister must
15
take into consideration any relevant recommendation made to the
16
Minister by the Research and Development Corporation
17
established under the Grape and Wine Research and Development
18
Corporation Regulations 1991.
19
(3) Before that Research and Development Corporation makes such a
20
recommendation to the Minister, it must consult with the persons
21
who are required to pay the levy concerned.
22
(4) The regulations must not, for the purposes of the definition of
23
standard amount in subclause 5(2), prescribe a rate of levy greater
24
than the rate recommended to the Minister under subclause (1) or
25
(2).
26
57 Clause 1 of Schedule 14 (definition of R&D authority)
27
Repeal the definition, substitute:
28
R&D authority, in relation to a levy, means the R&D Corporation
29
established under the Primary Industries Research and
30
Development Act 1989 to which the levy is attached.
31
58 Clause 1 of Schedule 14 (definition of R&D Corporation)
32
Omit "and Energy".
33
Amendments Schedule 1
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 15
59 Clause 1 of Schedule 14 (definition of R&D Council)
1
Repeal the definition.
2
60 Clause 1 of Schedule 14 (definition of R&D Fund)
3
Repeal the definition.
4
61 Paragraph 4(1)(a) of Schedule 14
5
Omit "(not exceeding 5 cents per kilogram of honey)".
6
62 Paragraph 4(1)(b) of Schedule 14
7
Omit "(not exceeding 1.50 cents per kilogram of honey)".
8
63 Paragraph 4(2)(a) of Schedule 14
9
Omit "(not exceeding 5 cents per kilogram of honey)".
10
64 Paragraph 4(2)(b) of Schedule 14
11
Omit "(not exceeding 1.50 cents per kilogram of honey)".
12
65 Subclause 6(4) of Schedule 14
13
Omit "4(1)(b) or 4(2)(b)", substitute "4(1)(a), 4(1)(b), 4(2)(a) or
14
4(2)(b)".
15
66 At the end of clause 6 of Schedule 14
16
Add:
17
(5) The R&D authority must not make a recommendation under
18
subclause (4) in relation to paragraph 4(1)(a), 4(1)(b), 4(2)(a) or
19
4(2)(b) of this Schedule unless the R&D authority has consulted
20
with the persons required to pay the levy concerned.
21
(6) The regulations must not prescribe a rate of levy greater than the
22
rate recommended to the Minister:
23
(a) in the case of regulations for the purposes of
24
paragraph 4(1)(a) or 4(2)(a) of this Schedule--by the
25
producers' organisation; and
26
(b) in the case of regulations for the purposes of
27
paragraph 4(1)(b) or 4(2)(b) of this Schedule--by the R&D
28
authority or the producers' organisation.
29
Schedule 1 Amendments
16 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
67 Subclause 3(1) of Schedule 15
1
Omit "(1) The", substitute "The".
2
68 Subclause 3(1) of Schedule 15
3
Omit "4(1), (2),", substitute "4(1),".
4
69 Subclauses 3(2) and (3) of Schedule 15
5
Repeal the subclauses.
6
70 At the end of clause 6 of Schedule 15
7
Add:
8
(12) The regulations must not fix a rate of levy greater than the rate
9
recommended to the Minister:
10
(a) in the case of regulations for the purposes of subclauses 4(1)
11
and (3)--by the industry services body; and
12
(b) in the case of regulations for the purposes of
13
subclause 4(4)--by the body mentioned in subclause (10) of
14
this clause.
15
71 Paragraph 4(a) of Schedule 16
16
Omit "(not exceeding 30 cents)".
17
72 Paragraph 3(1)(a) of Schedule 17
18
Omit "(not exceeding 70 cents)".
19
73 Paragraph 3(1)(b) of Schedule 17
20
Omit "(not exceeding 25 cents)".
21
74 Paragraph 3(2)(a) of Schedule 17
22
Omit "(not exceeding 50 cents)".
23
75 Paragraph 3(2)(b) of Schedule 17
24
Omit "(not exceeding 25 cents)".
25
76 Paragraph 3(3)(a) of Schedule 17
26
Omit "(not exceeding 55 cents)".
27
Amendments Schedule 1
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 17
77 Paragraph 3(3)(b) of Schedule 17
1
Omit "(not exceeding 25 cents)".
2
78 At the end of clause 5 of Schedule 17
3
Add:
4
(3) If there is no declaration in force under subclause (1), then, before
5
the Governor-General makes regulations prescribing an amount for
6
the purposes of paragraph 3(1)(a), 3(1)(b), 3(2)(a), 3(2)(b), 3(3)(a)
7
or 3(3)(b) of this Schedule, the Minister must take into
8
consideration any relevant recommendation made to the Minister
9
by:
10
(a) in relation to regulations for the purposes of
11
paragraph 3(1)(a), 3(2)(a) or 3(3)(a) of this Schedule--the
12
body declared under section 60 of the Australian Meat and
13
Live-stock Industry Act 1997 to be the meat processor
14
marketing body; and
15
(b) in relation to regulations for the purposes of
16
paragraph 3(1)(b), 3(2)(b) or 3(3)(b) of this Schedule--the
17
body declared under section 60 of the Australian Meat and
18
Live-stock Industry Act 1997 to be the meat processor
19
research body.
20
(4) Before a body mentioned in subclause (3) makes such a
21
recommendation to the Minister, the body must consult with the
22
persons who are required to pay the levy concerned.
23
(5) The regulations must not, for the purposes of paragraph 3(1)(a),
24
3(1)(b), 3(2)(a), 3(2)(b), 3(3)(a) or 3(3)(b) of this Schedule,
25
prescribe an amount greater than the amount recommended to the
26
Minister for the purposes of that paragraph under subclause (2) or
27
(3).
28
79 Paragraph 4(1)(a) of Schedule 18
29
Omit "(not exceeding 40 cents)".
30
80 Paragraph 4(1)(b) of Schedule 18
31
Omit "(not exceeding 12 cents)".
32
81 Paragraph 4(3)(a) of Schedule 18
33
Omit "(not exceeding 90 cents)".
34
Schedule 1 Amendments
18 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
82 Paragraph 4(3)(b) of Schedule 18
1
Omit "(not exceeding 37 cents)".
2
83 Paragraph 4(4)(a) of Schedule 18
3
Omit "(not exceeding $1.02)".
4
84 Paragraph 4(4)(b) of Schedule 18
5
Omit "(not exceeding 25 cents)".
6
85 At the end of clause 6 of Schedule 18
7
Add:
8
(3) If there is no declaration in force under subclause (1), then, before
9
the Governor-General makes regulations for the purposes of
10
paragraph 4(1)(a), 4(1)(b), 4(3)(a), 4(3)(b), 4(4)(a) or 4(4)(b) of
11
this Schedule, the Minister must take into consideration any
12
relevant recommendation made to the Minister by:
13
(a) in relation to regulations for the purposes of
14
paragraph 4(1)(a), 4(3)(a) or 4(4)(a) of this Schedule--the
15
industry marketing body; and
16
(b) in relation to regulations for the purposes of
17
paragraph 4(1)(b), 4(3)(b) or 4(4)(b) of this Schedule--the
18
industry research body.
19
(4) Before a body mentioned in subclause (3) makes such a
20
recommendation to the Minister, the body must consult with the
21
persons who are required to pay the levy concerned.
22
(5) The regulations must not, for the purposes of paragraph 4(1)(a),
23
4(1)(b), 4(3)(a), 4(3)(b), 4(4)(a) or 4(4)(b) of this Schedule,
24
prescribe an amount greater than the amount recommended to the
25
Minister for the purposes of that paragraph under subclause (2) or
26
(3).
27
86 Clause 1 of Schedule 19 (definition of R&D authority)
28
Repeal the definition, substitute:
29
R&D authority, in relation to a levy, means the R&D Corporation
30
established under the Primary Industries Research and
31
Development Act 1989 to which the levy is attached.
32
Amendments Schedule 1
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 19
87 Clause 1 of Schedule 19 (definition of R&D Corporation)
1
Omit "and Energy".
2
88 Clause 1 of Schedule 19 (definition of R&D Council)
3
Repeal the definition.
4
89 Clause 1 of Schedule 19 (definition of R&D Fund)
5
Repeal the definition.
6
90 Paragraph 3(a) of Schedule 19
7
Omit "(not exceeding 1 cent)".
8
91 Clause 1 of Schedule 20 (definition of
growers'
9
organisation)
10
Omit "the Grains Council of", substitute "Grain Producers".
11
92 Paragraph 7(b) of Schedule 20
12
Omit "(not exceeding 3% of the value of the leviable oilseeds)".
13
93 Clause 9 of Schedule 20
14
Before "Before", insert "(1)".
15
94 At the end of clause 9 of Schedule 20
16
Add:
17
(2) If there is no growers' organisation, then, before the
18
Governor-General makes regulations for the purposes of clause 7,
19
the Minister must take into consideration any relevant
20
recommendation made to the Minister by the Research and
21
Development Corporation established under the Grains Research
22
and Development Corporation Regulations 1990.
23
(3) Before that Research and Development Corporation makes such a
24
recommendation to the Minister, it must consult with the persons
25
who are required to pay the levy concerned.
26
(4) The regulations must not, for the purposes of clause 7, prescribe a
27
rate of levy greater than the rate recommended to the Minister
28
under subclause (1) or (2).
29
Schedule 1 Amendments
20 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
95 Clause 1 of Schedule 21 (definition of
growers'
1
organisation)
2
Omit "the Grains Council of", substitute "Grain Producers".
3
96 Subclause 5(2) of Schedule 21
4
Omit "by instrument published in the Gazette", substitute "by
5
legislative instrument".
6
97 After subclause 5(3) of Schedule 21
7
Insert:
8
(3A) If there is no growers' organisation, then, before the Minister
9
makes an instrument under subclause (2), the Minister must take
10
into consideration any relevant recommendation made to the
11
Minister by the Rural Industries Research and Development
12
Corporation established under section 9 of the Primary Industries
13
Research and Development Act 1989.
14
(3B) Before the Rural Industries Research and Development
15
Corporation makes such a recommendation to the Minister, it must
16
consult with the persons who are required to pay the levy
17
concerned.
18
98 Subclause 5(4) of Schedule 21
19
Omit "exceeds $50.00 per tonne", substitute "is greater than the rate
20
recommended to the Minister under subclause (3) or (3A)".
21
99 Subclause 5(5) of Schedule 21
22
Repeal the subclause.
23
100 Paragraph 3(a) of Schedule 22
24
Omit "(not exceeding $1)".
25
101 Paragraph 3(b) of Schedule 22
26
Omit "(not exceeding $2.50)".
27
102 After subclause 5(1) of Schedule 22
28
Insert:
29
Amendments Schedule 1
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 21
(1A) Before the industry services body makes a recommendation to the
1
Minister under subclause (1), it must consult with the persons who
2
are required to pay the levy concerned.
3
103 Clause 1 of Schedule 23 (paragraph (a) of the definition
4
of rice industry body)
5
Repeal the paragraph, substitute:
6
(a) a State marketing authority; or
7
104 Subclause 3(2) of Schedule 23
8
Repeal the subclause.
9
105 Subclauses 3(5) and (6) of Schedule 23
10
Repeal the subclauses, substitute:
11
(5) The regulations must not specify a rate of levy imposed by this
12
Schedule for a variety of rice unless the rate is recommended to the
13
Minister by a rice industry body.
14
(6) Before a recommendation is made to the Minister under
15
subclause (5), the body making the recommendation must consult
16
with each other body that is a rice industry body.
17
(6A) If the recommendation relates to a variety of rice that is harvested
18
in a State that has a State marketing authority and the
19
recommendation is not made by the State marketing authority, the
20
State marketing authority must, in writing, endorse the
21
recommendation.
22
106 Clause 6 of Schedule 23
23
Before "Before", insert "(1)".
24
107 At the end of clause 6 of Schedule 23
25
Add:
26
(2) The regulations must not, for the purposes of subclause 3(1),
27
specify a rate of levy greater than the rate recommended to the
28
Minister under subclause 3(5).
29
108 Clause 4 of Schedule 24
30
Omit "(not exceeding 15 cents per tonne)".
31
Schedule 1 Amendments
22 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
109 Clause 6 of Schedule 24
1
Before "Before", insert "(1)".
2
110 At the end of clause 6 of Schedule 24
3
Add:
4
(2) If there is no sugar industry organisation, then, before the
5
Governor-General makes regulations for the purposes of clause 4,
6
the Minister must take into consideration any relevant
7
recommendation made to the Minister by the Research and
8
Development Corporation established under the Sugar Research
9
and Development Corporation Regulations 1990.
10
(3) Before that Research and Development Corporation makes such a
11
recommendation to the Minister, it must consult with the persons
12
who are required to pay the levy concerned.
13
(4) The regulations must not, for the purposes of clause 4, prescribe a
14
rate of levy greater than the rate recommended to the Minister
15
under subclause (1) or (2).
16
111 Clause 1 of Schedule 25 (definition of
growers'
17
organisation)
18
Omit "the Grains Council of", substitute "Grain Producers".
19
112 Paragraph 5(b) of Schedule 25
20
Repeal the paragraph, substitute:
21
(b) if another percentage is prescribed by the regulations--that
22
other percentage.
23
113 Clause 7 of Schedule 25
24
Before "Before", insert "(1)".
25
114 At the end of clause 7 of Schedule 25
26
Add:
27
(2) If there is no growers' organisation, then, before the
28
Governor-General makes regulations for the purposes of
29
paragraph 5(b) of this Schedule, the Minister must take into
30
consideration any relevant recommendation made to the Minister
31
by the Research and Development Corporation established under
32
Amendments Schedule 1
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 23
the Grains Research and Development Corporation
1
Regulations 1990.
2
(3) Before that Research and Development Corporation makes such a
3
recommendation to the Minister, it must consult with the persons
4
who are required to pay the levy concerned.
5
(4) The regulations must not, for the purposes of paragraph 5(b) of this
6
Schedule, prescribe a percentage greater than the percentage
7
recommended to the Minister under subclause (1) or (2).
8
115 Subclause 7(2) of Schedule 26 (definition of research
9
amount)
10
Omit ", not exceeding $10,".
11
116 Subclauses 7(3) and (4) of Schedule 26
12
Repeal the subclauses.
13
117 After subclause 9(2) of Schedule 26
14
Insert:
15
(2A) The Minister may, by notice in the Gazette, declare a body to be a
16
body whose recommendations about regulations to be made for the
17
purposes of paragraph 7(1)(a) of this Schedule are to be taken into
18
consideration under subclause (3).
19
118 Paragraph 9(3)(a) of Schedule 26
20
After "subclause (1)", insert "or (2A)".
21
119 After subclause 9(3) of Schedule 26
22
Insert:
23
(3A) The regulations must not, for the purposes of paragraph 7(1)(a) of
24
this Schedule, prescribe a rate of charge greater than the rate
25
recommended to the Minister under subclause (1) or (2A).
26
120 Subclause 9(5) of Schedule 26
27
After "purposes of", insert "the definition of research amount in".
28
121 At the end of clause 9 of Schedule 26
29
Add:
30
Schedule 1 Amendments
24 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
(6) The Minister may, by notice in the Gazette, declare a body to be a
1
body whose recommendations about the amount to be prescribed
2
for the purposes of the definition of research amount in
3
subclause 7(2) are to be taken into consideration under
4
subclause (7).
5
(7) If a declaration is in force under subclause (6), then, before the
6
Governor-General makes regulations for the purposes of the
7
definition of research amount in subclause 7(2), the Minister must
8
take into consideration any relevant recommendation made to the
9
Minister by the body specified in the declaration.
10
(8) If there is no:
11
(a) declared winemakers' organisation; or
12
(b) declaration in force under subclause (6);
13
then, before the Governor-General makes regulations for the
14
purposes of the definition of research amount in subclause 7(2),
15
the Minister must take into consideration any relevant
16
recommendation made to the Minister by the Research and
17
Development Corporation established under the Grape and Wine
18
Research and Development Corporation Regulations 1991.
19
(9) Before that Research and Development Corporation makes such a
20
recommendation to the Minister, it must consult with the persons
21
who are required to pay the levy concerned.
22
(10) The regulations must not, for the purposes of the definition of
23
research amount in subclause 7(2), prescribe an amount greater
24
than the amount recommended to the Minister under subclause (4),
25
(7) or (8).
26
122 At the end of clause 9 of Schedule 27
27
Add:
28
(3) Subclause (1) does not apply to the marketing component, or the
29
research and development component, of a levy imposed under
30
Part 2 of this Schedule.
31
123 At the end of clause 10 of Schedule 27
32
Add:
33
Amendments Schedule 1
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 25
(3) Subclause (1) does not apply to the marketing component, or the
1
research and development component, of a levy imposed under
2
Part 2 of this Schedule.
3
124 At the end of clause 14 of Schedule 27
4
Add:
5
(5) The regulations must not, for the purposes of Part 3 of this
6
Schedule, prescribe a rate of levy (in respect of the marketing
7
component, or the research and development component, of the
8
levy) greater than the rate recommended to the Minister in
9
accordance with subclause (2) or (3).
10
Schedule 2 Contingent amendments
Part 1 Amendments
26 Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013
Schedule 2
--
Contingent amendments
1
Part 1
--
Amendments
2
Primary Industries (Excise) Levies Act 1999
3
1 Clause 6 of Schedule 24
4
Before "Before", insert "(1)".
5
2 At the end of clause 6 of Schedule 24
6
Add:
7
(2) If there is no sugar industry organisation, then, before the
8
Governor-General makes regulations for the purposes of clause 4,
9
the Minister must take into consideration any relevant
10
recommendation made to the Minister by the body that is declared
11
to be the industry services body under Part 3 of the Sugar Research
12
and Development Services Act 2013.
13
(3) Before the industry services body makes such a recommendation to
14
the Minister, it must consult with the persons who are required to
15
pay the levy concerned.
16
(4) The regulations must not, for the purposes of clause 4, prescribe a
17
rate of levy greater than the rate recommended to the Minister
18
under subclause (1) or (2).
19
Contingent amendments Schedule 2
Amendments Part 2
Primary Industries (Excise) Levies Amendment Bill 2013 No. , 2013 27
Part 2
--
Amendments
1
Primary Industries (Excise) Levies Act 1999
2
3 Clause 4 of Schedule 24
3
Omit "15 cents per tonne", substitute "70 cents per tonne".
4
4 Clause 6 of Schedule 24
5
Before "Before", insert "(1)".
6
5 At the end of clause 6 of Schedule 24
7
Add:
8
(2) If there is no sugar industry organisation, then, before the
9
Governor-General makes regulations for the purposes of clause 4,
10
the Minister must take into consideration any relevant
11
recommendation made to the Minister by the body that is declared
12
to be the industry services body under Part 3 of the Sugar Research
13
and Development Services Act 2013.
14
(3) Before the industry services body makes such a recommendation to
15
the Minister, it must consult with the persons who are required to
16
pay the levy concerned.
17
(4) The regulations must not, for the purposes of clause 4, prescribe a
18
rate of levy greater than the rate recommended to the Minister
19
under subclause (1) or (2).
20
Sugar Research and Development Services (Consequential
21
Amendments--Excise) Act 2013
22
6 Item 7 of Schedule 1
23
Repeal the item.
24
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