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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 Levies and Charges (Consequential Amendments) Bill
1998
No. ,
1998
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to make
consequential amendments relating to the Primary Industries (Excise) Levies
Act 1998 and the Primary Industries (Customs) Charges Act 1998, and
for other purposes
ISBN: 0642
379092
Contents
Part 1—Repeals commencing on 1 July
1999 3
Beef Production Levy Act
1990 3
Buffalo Export Charge Act
1997 3
Buffalo Slaughter Levy Act
1997 3
Cattle (Exporters) Export Charge Act
1997 4
Cattle (Producers) Export Charges Act
1997 4
Cattle Transactions Levy Act
1997 4
Coarse Grains Levy Act
1992 5
Cotton Levy Act
1982 5
Dairy Produce Levy (No. 1) Act
1986 5
Dairy Produce Levy (No. 2) Act
1986 6
Deer Export Charge Act
1992 6
Deer Slaughter Levy Act
1992 6
Deer Velvet Export Charge Act
1992 7
Deer Velvet Levy Act
1992 7
Dried Fruits Levy Act
1971 7
Forest Industries Research Export Charge Act
1993 7
Forest Industries Research Import Charge Act
1993 8
Forest Industries Research Levy Act
1993 8
Goat Fibre Levy Act
1989 8
Grain Legumes Levy Act
1985 8
Grape Research Levy Act
1986 9
Honey Export Charge Act
1973 9
Honey Levy Act (No. 1)
1962 9
Honey Levy Act (No. 2)
1962 10
Horticultural Export Charge Act
1987 10
Horticultural Levy Act
1987 10
Laying Chicken Levy Act
1988 10
Live-stock (Exporters) Export Charge Act
1997 11
Live-stock (Producers) Export Charges Act
1997 11
Live-stock Slaughter (Processors) Levy Act
1997 11
Live-stock Transactions Levy Act
1997 12
Meat Chicken Levy Act
1969 12
Oilseeds Levy Act
1977 12
Pasture Seed Levy Act
1989 12
Pig Slaughter Levy Act
1971 13
Rice Levy Act
1991 13
Sugar Cane Levy Act
1987 13
Wheat Levy Act
1989 14
Wine Export Charge Act
1997 14
Part 2—Repeal commencing on 1 January
2000 15
Wine Grapes Levy Act
1979 15
Part 1—Amendments commencing on 1 July
1999 16
Part 2—Transitional provisions relating to amendments made by Part
1 23
Part 3—Amendments commencing on 1 January
2000 24
Part 4—Transitional provisions relating to wine grapes
levy 25
Part 1—Amendments commencing on 1 July
1999 26
Part 2—Transitional provision relating to amendments made by Part
1 27
Part 3—Transitional provision relating to wine grapes
levy 28
Part 1—Amendments commencing on 1 July
1999 38
Part 2—Amendments commencing on 1 January
2000 41
Part 3—Transitional provision relating to wine grapes
levy 44
A Bill for an Act to make consequential amendments
relating to the Primary Industries (Excise) Levies Act 1998 and the
Primary Industries (Customs) Charges Act 1998, and for other
purposes
The Parliament of Australia enacts:
This Act may be cited as the Primary Industries Levies and Charges
(Consequential Amendments) Act 1998.
(1) Subject to this section, this Act commences on the commencement of
section 1 of the Primary Industries (Excise) Levies Act 1998.
(2) The following provisions commence on 1 January 2000:
(a) Part 2 of Schedule 1;
(b) Parts 3 and 4 of Schedule 2;
(c) Part 3 of Schedule 3;
(d) Parts 2 and 3 of Schedule 5.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
Part
1—Repeals commencing on 1
July 1999
1 The whole of the Act
Repeal the Act.
2 Application
The repeal of the Beef Production Levy Act 1990 by this Schedule
applies to the slaughter of cattle after the commencement of this
item.
Buffalo
Export Charge Act 1997
3 The whole of the Act
Repeal the Act.
4 Application
The repeal of the Buffalo Export Charge Act 1997 by this Schedule
applies to buffaloes exported after the commencement of this item.
Buffalo
Slaughter Levy Act 1997
5 The whole of the Act
Repeal the Act.
6 Application
The repeal of the Buffalo Slaughter Levy Act 1997 by this Schedule
applies to the slaughter of buffaloes after the commencement of this
item.
Cattle
(Exporters) Export Charge Act 1997
7 The whole of the Act
Repeal the Act.
8 Application
The repeal of the Cattle (Exporters) Export Charge Act 1997 by this
Schedule applies to the export of cattle after the commencement of this
item.
Cattle
(Producers) Export Charges Act 1997
9 The whole of the Act
Repeal the Act.
10 Application
The repeal of the Cattle (Producers) Export Charges Act 1997 by this
Schedule applies to the export of cattle after the commencement of this
item.
Cattle
Transactions Levy Act 1997
11 The whole of the Act
Repeal the Act.
12 Application
The repeal of the Cattle Transactions Levy Act 1997 by this Schedule
applies to:
(a) transactions entered into after the commencement of this item by which
the ownership of cattle is transferred from one person to another; and
(b) deliveries of cattle to processors after the commencement of this
item; and
(c) slaughter of cattle after the commencement of this item.
13 The whole of the Act
Repeal the Act.
14 Application
The repeal of the Coarse Grains Levy Act 1992 by this Schedule
applies to leviable coarse grain delivered or processed after the commencement
of this item.
15 The whole of the Act
Repeal the Act.
16 Application
The repeal of the Cotton Levy Act 1982 by this Schedule applies to
leviable cotton produced after the commencement of this item.
Dairy
Produce Levy (No. 1) Act 1986
17 The whole of the Act
Repeal the Act.
18 Application
The repeal of the Dairy Produce Levy (No. 1) Act 1986 by this
Schedule applies as follows:
(a) in the case of the market milk levy—to relevant dairy produce
supplied by the producer after the commencement of this item;
(b) in the case of the manufacturing milk levy—to relevant dairy
produce:
(i) delivered after the commencement of this item to a manufacturer by the
producer; or
(ii) produced by a manufacturer and used after the commencement of this
item by the manufacturer in the manufacture of dairy produce;
(c) in the case of the acquisition offset levy—to dairy produce
acquired after the commencement of this item;
(d) in the case of the Corporation levy, the promotion levy, the research
levy or the Australian Animal Health Council levy—to relevant dairy
produce produced after the commencement of this item.
Dairy
Produce Levy (No. 2) Act 1986
19 The whole of the Act
Repeal the Act.
20 Application
The repeal of the Dairy Produce Levy (No. 2) Act 1986 by this
Schedule applies to dairy produce imported after the commencement of this
item.
21 The whole of the Act
Repeal the Act.
22 Application
The repeal of the Deer Export Charge Act 1992 by this Schedule
applies to deer exported after the commencement of this item.
23 The whole of the Act
Repeal the Act.
24 Application
The repeal of the Deer Slaughter Levy Act 1992 by this Schedule
applies to the slaughter of deer after the commencement of this item.
Deer
Velvet Export Charge Act 1992
25 The whole of the Act
Repeal the Act.
26 Application
The repeal of the Deer Velvet Export Charge Act 1992 by this
Schedule applies to deer velvet exported after the commencement of this
item.
27 The whole of the Act
Repeal the Act.
28 Application
The repeal of the Deer Velvet Levy Act 1992 by this Schedule applies
to deer velvet:
(a) sold by the producer; or
(b) used by or on behalf of the producer in the production of other
goods;
after the commencement of this item.
29 The whole of the Act
Repeal the Act.
30 Application
The repeal of the Dried Fruits Levy Act 1971 by this Schedule
applies to dried fruits received after the commencement of this item.
Forest
Industries Research Export Charge Act 1993
31 The whole of the Act
Repeal the Act.
32 Application
The repeal of the Forest Industries Research Export Charge Act 1993
made by this Schedule applies to logs exported after the commencement of
this item.
Forest
Industries Research Import Charge Act 1993
33 The whole of the Act
Repeal the Act.
34 Application
The repeal of the Forest Industries Research Import Charge Act 1993
by this Schedule applies to forest products imported after the commencement
of this item.
Forest
Industries Research Levy Act 1993
35 The whole of the Act
Repeal the Act.
36 Application
The repeal of the Forest Industries Research Levy Act 1993 by this
Schedule applies to logs delivered to a mill after the commencement of this
item.
37 The whole of the Act
Repeal the Act.
38 Application
The repeal of the Goat Fibre Levy Act 1989 by this Schedule applies
to leviable fibre produced after the commencement of this item.
39 The whole of the Act
Repeal the Act.
40 Application
The repeal of the Grain Legumes Levy Act 1985 by this Schedule
applies to leviable grain legumes delivered or processed after the commencement
of this item.
41 The whole of the Act
Repeal the Act.
42 Application
The repeal of the Grape Research Levy Act 1986 by this Schedule
applies to prescribed goods delivered to a processing establishment after the
commencement of this item.
43 The whole of the Act
Repeal the Act.
44 Application
The repeal of the Honey Export Charge Act 1973 by this Schedule
applies to honey exported after the commencement of this item.
45 The whole of the Act
Repeal the Act.
46 Application
The repeal of the Honey Levy Act (No. 1) 1962 by this Schedule
applies to honey sold after the commencement of this item.
47 The whole of the Act
Repeal the Act.
48 Application
The repeal of the Honey Levy Act (No. 2) 1962 by this Schedule
applies to honey used by a person in the production of other goods, if the use
occurs after the commencement of this item.
Horticultural
Export Charge Act 1987
49 The whole of the Act
Repeal the Act.
50 Application
The repeal of the Horticultural Export Charge Act 1987 by this
Schedule applies to chargeable horticultural products exported after the
commencement of this item.
51 The whole of the Act
Repeal the Act.
52 Application
The repeal of the Horticultural Levy Act 1987 by this Schedule
applies to leviable horticultural products:
(a) sold by the producer; or
(b) used by the producer in the production of other goods;
after the commencement of this item.
53 The whole of the Act
Repeal the Act.
54 Application
The repeal of the Laying Chicken Levy Act 1988 by this Schedule
applies to laying chickens hatched after the commencement of this
item.
Live-stock
(Exporters) Export Charge Act 1997
55 The whole of the Act
Repeal the Act.
56 Application
The repeal of the Live-stock (Exporters) Export Charge Act 1997 by
this Schedule applies to the export of live-stock after the commencement of this
item.
Live-stock
(Producers) Export Charges Act 1997
Repeal the Act.
58 Application
The repeal of the Live-stock (Producers) Export Charges Act 1997 by
this Schedule applies to the export of live-stock after the commencement of this
item.
Live-stock
Slaughter (Processors) Levy Act 1997
Repeal the Act.
60 Application
The repeal of the Live-stock Slaughter (Processors) Levy Act 1997 by
this Schedule applies to the slaughter of live-stock after the commencement of
this item.
Live-stock
Transactions Levy Act 1997
61 The whole of the Act
Repeal the Act.
62 Application
The repeal of the Live-stock Transactions Levy Act 1997 by this
Schedule applies to:
(a) transactions
entered into after the commencement of this item by which the ownership of
live-stock is transferred from one person to another; and
(b) deliveries of live-stock to processors after the commencement of this
item; and
(c) slaughter of live-stock after the commencement of this item.
63 The whole of the Act
Repeal the Act.
64 Application
The repeal of the Meat Chicken Levy Act 1969 by this Schedule
applies to meat chickens hatched after the commencement of this item.
65 The whole of the Act
Repeal the Act.
66 Application
The repeal of the Oilseeds Levy Act 1977 by this Schedule applies to
leviable oilseeds delivered or processed after the commencement of this
item.
67 The whole of the Act
Repeal the Act.
68 Application
The repeal of the Pasture Seed Levy Act 1989 by this Schedule
applies to leviable seed certified under a certification scheme after the
commencement of this item.
69 The whole of the Act
Repeal the Act.
70 Application
The repeal of the Pig Slaughter Levy Act 1971 by this Schedule
applies to the slaughter of pigs after the commencement of this item.
71 The whole of the Act
Repeal the Act.
72 Application
The repeal of the Rice Levy Act 1991 by this Schedule applies to
leviable rice delivered to a processor after the commencement of this
item.
73 The whole of the Act
Repeal the Act.
74 Application
The repeal of the Sugar Cane Levy Act 1987 by this Schedule applies
to sugar cane accepted at a sugar mill for processing, if the acceptance occurs
after the commencement of this item.
75 The whole of the Act
Repeal the Act.
76 Application
The repeal of the Wheat Levy Act 1989 by this Schedule applies to
wheat:
(a) delivered by the producer to another person; or
(b) processed by or for the producer;
after the commencement of this item.
77 Transitional—commencement of renaming
provision
To avoid doubt, despite anything in the Wheat Marketing Amendment Act
1997, Part 3 of Schedule 1 to that Act is taken to have commenced
immediately before the commencement of this Schedule.
Note: Part 3 of Schedule 1 to the Wheat Marketing
Amendment Act 1997 renamed the Wheat Industry Fund Levy Act 1989 as
the Wheat Levy Act 1989.
78 The whole of the Act
Repeal the Act.
79 Application
The repeal of the Wine Export Charge Act 1997 by this Schedule
applies to wine exported after the commencement of this item.
Part
2—Repeal commencing on 1
January 2000
80 The whole of the Act
Repeal the Act.
81 Application
The repeal of the Wine Grapes Levy Act 1979 by this Schedule applies
to prescribed goods used at a winery after the commencement of this item in the
manufacture of wine.
Part
1—Amendments commencing on 1
July 1999
1 Subsection 4(1) (paragraph (b) of the
definition of associated Act)
Omit “(other than the Dairy Produce Levy (No. 2) Act
1986)”.
2 Subsection 4(1) (definition of
charge)
After “imposed by”, insert “or under”.
3 Subsection 4(1) (definition of feedlot
operator)
Omit “the Cattle Transaction Levy Act 1995, Beef Production
Levy Act 1990 or the Cattle Export Charge Act 1990”, substitute
“Schedule 1 or 3 to the Primary Industries (Excise) Levies Act 1998
or Schedule 2 to the Primary Industries (Customs) Charges Act
1998”.
4 Subsection 4(1) (definition of forest
industries levy or charge)
Repeal the definition, substitute:
forest industries levy or charge means:
(a) levy imposed by Schedule 10 to the Primary Industries (Excise)
Levies Act 1998; or
(b) charge imposed by Schedule 7 or 8 to the Primary Industries
(Customs) Charges Act 1998.
5 Subsection 4(1) (definition of
levy)
After “imposed by”, insert “or under”.
6 Subsection 4(1) (paragraph (b) of the
definition of prescribed goods or services)
Omit “subsection 6(2) of the Horticultural Levy Act
1987”, substitute “subclause 2(2) of Schedule 15 to the
Primary Industries (Excise) Levies Act 1998”.
7 Subsection 4(1) (paragraph (a) of the
definition of producer)
Omit “the Honey Levy Act (No. 1) 1962”, substitute
“clause 2 of Schedule 14 to the Primary Industries (Excise) Levies Act
1998”.
8 Subsection 4(1) (paragraph (da) of the
definition of producer)
Omit “the Forest Industries Research Levy Act 1993”,
substitute “Schedule 10 to the Primary Industries (Excise) Levies Act
1998”.
9 Subsection 4(1) (paragraph (f) of the
definition of producer)
Omit all the words from and including “in” (first occurring) to
and including “levy is imposed”, substitute “in the case of
pigs in relation to which levy is imposed”.
10 Subsection 4(1) (paragraph (fa) of the
definition of producer)
Omit “the Live-stock (Producers) Export Charges Act 1997 (in
so far as collection of charge imposed under that Act is concerned)”,
substitute “Schedule 12 to the Primary Industries (Customs) Charges Act
1998 (in so far as collection of charge imposed under that Schedule is
concerned)”.
11 Subsection 4(1) (paragraph (fb) of the
definition of producer)
Omit “the Cattle (Producers) Export Charges Act 1997 (in so
far as collection of charges imposed under that Act is concerned)”,
substitute “Schedule 3 to the Primary Industries (Customs) Charges Act
1998 (in so far as collection of charges imposed under that Schedule is
concerned)”.
12 Subsection 4(1) (paragraph (fc) of the
definition of producer)
Omit “the Buffalo Export Charge Act 1997”, substitute
“Schedule 1 to the Primary Industries (Customs) Charges Act
1998”.
13 Subsection 4(1) (paragraph (g) of the
definition of producer)
Omit “the Live-stock (Exporters) Export Charge Act 1997 (in so
far as the collection of charge imposed under that Act is concerned), logs
within the meaning of the Forest Industries Research Export Charge Act
1993”, substitute “Schedule 11 to the Primary Industries
(Customs) Charges Act 1998 (in so far as the collection of charge imposed
under that Schedule is concerned), logs within the meaning of Schedule 7 to the
Primary Industries (Customs) Charges Act 1998”.
14 Subsection 4(1) (paragraph (ga) of the
definition of producer)
Omit “the Forest Industries Research Import Charge Act
1993”, substitute “Schedule 8 to the Primary Industries
(Customs) Charges Act 1998”.
15 Subsection 4(1) (paragraph (hb) of the
definition of producer)
Omit “subsection 6(2) of the Horticultural Levy Act
1987”, substitute “subclause 2(2) of Schedule 15 to the
Primary Industries (Excise) Levies Act 1998”.
16 Paragraph 4(2)(a)
Omit “subsection 8(1), (2) or (3) of the Cattle Transactions Levy
Act 1997”, substitute “subclause 7(1), (2) or (3) of Schedule 3
to the Primary Industries (Excise) Levies Act 1998”.
17 Paragraph 4(2)(b)
Omit “section 7 of the Beef Production Levy Act 1990”,
substitute “clause 4 of Schedule 1 to the Primary Industries (Excise)
Levies Act 1998”.
18 Paragraph 4(2)(c)
Omit “section 7 of the Cattle (Exporters) Export Charge Act
1997”, substitute “clause 4 of Schedule 2 to the Primary
Industries (Customs) Charges Act 1998”.
19 Paragraph 4(2)(d)
Omit “section 9 of the Live-stock Slaughter (Processors) Levy Act
1997”, substitute “clause 4 of Schedule 17 to the Primary
Industries (Excise) Levies Act 1998”.
20 Paragraph 4(2)(e)
Omit “section 9 of the Live-stock Transactions Levy Act
1997”, substitute “clause 5 of Schedule 18 to the Primary
Industries (Excise) Levies Act 1998”.
21 Paragraph 4(2)(f)
Omit “section 6 of the Buffalo Slaughter Levy Act 1997”,
substitute “clause 3 of Schedule 2 to the Primary Industries (Excise)
Levies Act 1998”.
22 At the end of paragraph
4(4)(b)
Add “or”.
23 After paragraph 4(4)(b)
Insert:
(c) regulations made for the purposes of Schedule 27 to the Primary
Industries (Excise) Levies Act 1998 for the purposes of the imposition of
the levy by those regulations; or
(d) regulations made for the purposes of Schedule 14 to the Primary
Industries (Customs) Charges Act 1998 for the purposes of the imposition of
the charge by those regulations;
24 Subsection 4(4)
Omit “or that Schedule”, substitute “, that Schedule or
those regulations”.
25 At the end of section 4
Add:
(5) For the purposes of the collection or recovery of a charge imposed by
Schedule 4 to the Primary Industries (Customs) Charges Act 1998 (which
deals with dairy produce), the charge may be referred to as either a charge or a
levy.
26 Subsection 7(2A)
Omit “the Cattle Transactions Levy Act 1997”, substitute
“Schedule 3 to the Primary Industries (Excise) Levies Act
1998”.
27 Subsection 8(4)
Omit “the Beef Production Levy Act 1990 or the Cattle
Transactions Levy Act 1997”, substitute “Schedule 1 or 3 to the
Primary Industries (Excise) Levies Act 1998”.
28 After subsection 8(4A)
Insert:
(4B) If levy is imposed under Schedule 27 to the Primary Industries
(Excise) Levies Act 1998 on an animal in the event of the slaughter of the
animal, the regulations may provide that the proprietor of an abattoir may
refuse to:
(a) slaughter the animal at the abattoir; or
(b) permit the slaughter of the animal at the abattoir;
unless the person liable to pay the levy first provides the proprietor with
the funds necessary for the due payment, on behalf of the person, of levy
payable in relation to the animal.
(4C) Regulations made for the purposes of subsection (4B) have effect
despite:
(a) any law of a State or Territory; or
(b) any contract, whether entered into before or after the commencement of
this subsection.
29 Subsection 24A(1)
Omit “the Beef Production Levy Act 1990”, substitute
“Schedule 1 to the Primary Industries (Excise) Levies Act
1998”.
30 Section 24A (note)
Omit “subsection 4(1) of the Beef Production Levy Act
1990”, substitute “clause 1 of Schedule 1 to the Primary
Industries (Excise) Levies Act 1998”.
31 Subsection 28(9) (paragraph (b) of the
definition of relevant decision)
Repeal the paragraph.
32 Subsection 28(9) (paragraphs (d) and (e) of
the definition of relevant decision)
Repeal the paragraphs, substitute:
(d) a determination by the Secretary, or a delegate of the Secretary,
under subclause 5(2) of Schedule 8 to the Primary Industries (Excise) Levies
Act 1998, of the declared value of a quantity of deer velvet used in the
production of other goods; or
(e) a determination by the Secretary, or a delegate of the Secretary,
under paragraph 3(3)(a) of Schedule 6 to the Primary Industries (Customs)
Charges Act 1998, of the declared value of a quantity of deer velvet
exported from Australia.
33 After section 29
Insert:
(1) An associated Act has no effect to the extent (if any) to which it
authorises the imposition of a tax on property of any kind belonging to a
State.
(2) In this section, property of any kind belonging to a
State has the same meaning as in section 114 of the
Constitution.
(3) For the purposes of this section, it is to be assumed that a reference
in section 114 of the Constitution to a State includes a reference to the
Australian Capital Territory and the Northern Territory.
34 Schedules 1 and 2
Repeal the Schedules, substitute:
Note: See subsection 4(1).
|
Primary Industries (Customs) Charges Act 1998 |
Note: See subsection 4(1).
|
National Residue Survey (Customs) Levy Act 1998 |
|
National Residue Survey (Excise) Levy Act 1998 |
|
Primary Industries (Excise) Levies Act 1998 |
|
Wine Grapes Levy Act 1979 |
Part
2—Transitional provisions
relating to amendments made by Part 1
35 Transitional—pre-commencement charges
and levies
Despite the amendments of the Primary Industries Levies and Charges
Collection Act 1991 made by this Schedule, that Act continues to apply, in
relation to:
(a) a charge imposed by an Act repealed by Part 1 of Schedule 1 to this
Act; or
(b) a levy imposed by an Act repealed by Part 1 of Schedule 1 to this
Act;
as if those amendments had not been made.
36
Transitional—regulations
Unless the contrary intention appears, regulations made for the purposes of
the Primary Industries Levies and Charges Collection Act 1991 apply, in
relation to:
(a) a charge imposed by any of Schedules 1 to 13 to the Primary
Industries (Customs) Charges Act 1998; or
(b) a levy imposed by any of Schedules 1 to 25 to the Primary
Industries (Excise) Levies Act 1998;
in a corresponding way to the way in which those regulations apply in
relation to:
(c) in the case of a charge (other than charge imposed by Schedule 4 to
the Primary Industries (Customs) Charges Act 1998)—the
corresponding charge imposed by an Act repealed by Part 1 of Schedule 1 to this
Act; or
(d) in the case of a charge imposed by Schedule 4 to the Primary
Industries (Customs) Charges Act 1998—the corresponding levy imposed
by the repealed Dairy Produce Levy (No. 2) Act 1986; or
(e) in the case of a levy—the corresponding levy imposed by an Act
repealed by Part 1 of Schedule 1 to this Act.
Part
3—Amendments commencing on 1
January 2000
37 Subsection 4(1) (paragraph (ha) of the
definition of producer)
Omit “subsection 4(1) of the Wine Grapes Levy Act 1979”,
substitute “clause 1 of Schedule 26 to the Primary Industries (Excise)
Levies Act 1998”.
38 Schedule 2
Omit:
|
Wine Grapes Levy Act 1979 |
Part
4—Transitional provisions
relating to wine grapes levy
39 Transitional—pre-commencement
levy
Despite the amendments of the Primary Industries Levies and Charges
Collection Act 1991 made by this Schedule, that Act continues to apply, in
relation to levy imposed by the Wine Grapes Levy Act 1979, as if those
amendments had not been made.
40
Transitional—regulations
Unless the contrary intention appears, regulations made for the purposes of
the Primary Industries Levies and Charges Collection Act 1991 apply, in
relation to levy imposed by Schedule 26 to the Primary Industries (Excise)
Levies Act 1998, in a corresponding way to the way in which those
regulations apply in relation to levy imposed by the repealed Wine Grapes
Levy Act 1979.
Part
1—Amendments commencing on 1
July 1999
1 Subsection 4(1) (before paragraph (a) of the
definition of research component)
Insert:
(aa) in relation to the levy imposed by Schedule 25 to the Primary
Industries (Excise) Levies Act 1998—the whole of the levy;
and
2 Subsection 4(1) (paragraph (a) of the
definition of research component)
Omit “imposed by the”, substitute “imposed by the
repealed”.
3 Subsections 5(4) and (5)
Omit “imposed by the”, substitute “imposed by the
repealed”.
4 Subsection 25(4)
Omit “under the”, substitute “under Schedule 8 to the
Primary Industries (Customs) Charges Act 1998 or under the
repealed”.
5 Subsection 31(4)
Omit “the Forest Industries Research Levy Act 1993 and
the”, substitute “Schedule 10 to the Primary Industries (Excise)
Levies Act 1998, the repealed Forestry Industries Research Levy Act
1993, Schedule 7 to the Primary Industries (Customs) Charges Act 1998
and the repealed”.
6 Section 33A
Omit “under the”, substitute “under Schedule 8 to the
Primary Industries (Customs) Charges Act 1998 or under the
repealed”.
Part
2—Transitional provision
relating to amendments made by Part 1
7
Transitional—regulations
Unless the contrary intention appears, regulations made for the purposes of
the Primary Industries and Energy Research and Development Act 1989
apply, in relation to:
(a) a charge imposed by any of Schedules 1 to 13 to the Primary
Industries (Customs) Charges Act 1998; or
(b) a levy imposed by any of Schedules 1 to 25 to the Primary
Industries (Excise) Levies Act 1998;
in a corresponding way to the way in which those regulations apply in
relation to:
(c) in the case of a charge (other than charge imposed by Schedule 4 to
the Primary Industries (Customs) Charges Act 1998)—the
corresponding charge imposed by an Act repealed by Part 1 of Schedule 1 to this
Act; or
(d) in the case of a charge imposed by Schedule 4 to the Primary
Industries (Customs) Charges Act 1998—the corresponding levy imposed
by the repealed Dairy Produce Levy (No. 2) Act 1986; or
(e) in the case of a levy—the corresponding levy imposed by an Act
repealed by Part 1 of Schedule 1 to this Act.
Part
3—Transitional provision
relating to wine grapes levy
8
Transitional—regulations
Unless the contrary intention appears, regulations made for the purposes of
the Primary Industries and Energy Research and Development Act 1989
apply, in relation to levy imposed by Schedule 26 to the Primary Industries
(Excise) Levies Act 1998, in a corresponding way to the way in which those
regulations apply in relation to levy imposed by the repealed Wine Grapes
Levy Act 1979.
1 Subsection 3(1)
Insert:
Board’s component of charge has the meaning given by
section 115PA.
2 Subsection 3(1)
Insert:
Board’s component of levy has the meaning given by
section 115PB.
3 Subsection 3(1)
Insert:
Corporation’s component of charge has the meaning given
by section 46A.
4 Subsection 3(1)
Insert:
Corporation’s component of levy has the meaning given
by section 46B.
5 Subsection 3(1) (definition of export
charge)
Repeal the definition.
6 Subsection 3(1) (definition of Export
Charge Act)
Repeal the definition.
7 Subsection 3(1) (definition of Export
Charge Collection Act)
Repeal the definition.
8 Subsection 3(1) (definition of
levy)
Repeal the definition.
9 Subsection 3(1) (definition of Levy
Act)
Repeal the definition.
10 Subsection 3(1) (definition of Levy
Collection Act)
Repeal the definition.
11 Subsection 3(1)
Insert:
old export charge, in relation to a Board, means a charge
whose rate is fixed under section 8A of the old Export Charge Act in relation to
the Board.
12 Subsection 3(1)
Insert:
old Export Charge Act means the repealed Horticultural
Export Charge Act 1987.
13 Subsection 3(1)
Insert:
old Export Charge Collection Act means the repealed
Horticultural Export Charge Collection Act 1987.
14 Subsection 3(1)
Insert:
old levy, in relation to a Board, means a levy whose rate is
fixed under section 8A of the old Levy Act in relation to the Board.
15 Subsection 3(1)
Insert:
old Levy Act means the repealed Horticultural Levy Act
1987.
16 Subsection 3(1)
Insert:
old Levy Collection Act means the repealed Horticultural
Levy Collection Act 1987.
17 Before section 47
Insert:
For the purposes of this Act, the Corporation’s component of
charge is an amount of charge covered by subclause 3(3) of Schedule 10
to the Primary Industries (Customs) Charges Act 1998.
For the purposes of this Act, the Corporation’s component of
levy is any of the following amounts:
(a) an amount of levy covered by subclause 4(1) of Schedule 15 to the
Primary Industries (Excise) Levies Act 1998;
(b) an amount of levy covered by paragraph 4(1)(a) of Schedule 14 to the
Primary Industries (Excise) Levies Act 1998;
(c) an amount of levy covered by paragraph 4(2)(a) of Schedule 14 to the
Primary Industries (Excise) Levies Act 1998.
18 Before paragraph
47(1)(a)
Insert:
(aaa) amounts received by the Commonwealth as the Corporation’s
component of levy; and
19 Section 47
Omit “the Levy Act” (wherever occurring), substitute “the
old Levy Act”.
20 Paragraph 47(1)(aa)
Before “(a)”, insert “(aaa) or”.
21 Section 47
Omit “the Levy Collection Act” (wherever occurring), substitute
“the old Levy Collection Act”.
22 Before paragraph
47(2)(a)
Insert:
(aaa) amounts received by the Commonwealth as the Corporation’s
component of charge; and
23 Section 47
Omit “the Export Charge Act” (wherever occurring), substitute
“the old Export Charge Act”.
24 Paragraph 47(2)(aa)
Before “(a)”, insert “(aaa) or”.
25 Section 47
Omit “the Export Charge Collection Act” (wherever occurring),
substitute “the old Export Charge Collection Act”.
26 Paragraph 47(2A)(a)
After “under the”, insert “repealed”.
27 Subsection 47(2A)
Before “Honey Levy Act (No. 1) 1962” (wherever
occurring), insert “repealed”.
28 Subsection 47(2A)
Before “Honey Levy Act (No. 2) 1962” (wherever
occurring), insert “repealed”.
29 Subsection 47(2A)
Before “Honey Levy Collection Act 1962” (wherever
occurring), insert “repealed”.
30 Paragraph 47(2A)(f)
Before “Honey Export Charge Collection Act 1973”, insert
“repealed”.
31 After subsection 47(3)
Insert:
(3A) The reference in paragraph (1)(aaa) to amounts received by the
Commonwealth as the Corporation’s component of levy includes a reference
to:
(a) amounts received by the Commonwealth under subsection 7(1) or (2) of
the Levies and Charges Collection Act in relation to such a component of levy;
and
(b) amounts received by the Commonwealth by virtue of an agreement entered
into under section 10 or 11 of that Act in relation to such a component of
levy.
32 After subsection 47(4)
Insert:
(4A) The reference in paragraph (2)(aaa) to amounts received by the
Commonwealth as the Corporation’s component of charge includes a reference
to:
(a) amounts received by the Commonwealth under paragraph 7(3)(a) of the
Levies and Charges Collection Act in relation to such a component of charge;
and
(b) amounts received by the Commonwealth by virtue of an agreement entered
into under section 10 or 11 of that Act in relation to such a component of
charge.
33 Paragraph 47(5)(aa)
Omit “paragraph 7(3)(b)”, substitute “paragraph
7(3)(a)”.
34 Paragraphs 47(5A)(a) and
(6A)(a)
Omit “(f)”, substitute “(e)”.
35 Paragraphs 47A(1)(a) and
(b)
After “of the”, insert “old”.
36 Paragraphs 47A(2)(a) and
(b)
After “of the”, insert “old”.
37 Subparagraph
48(1)(aa)(i)
Before “(a)” (wherever occurring), insert
“(aaa),”.
38 Before section 115Q
Insert:
For the purposes of this Act, if:
(a) a rate of charge is fixed under subclause 3(4) of Schedule 10 to the
Primary Industries (Customs) Charges Act 1998 in relation to a class of
horticultural products; and
(b) a Product Board has been established in relation to any or all of
those products;
the Board’s component of charge is the amount of charge
covered by the operation of that subclause in relation to that class of
products.
For the purposes of this Act, if:
(a) a rate of levy is fixed under subclause 4(2) of Schedule 15 to the
Primary Industries (Excise) Levies Act 1998 in relation to a class of
horticultural products; and
(b) a Product Board has been established in relation to any or all of
those products;
the Board’s component of levy is the amount of levy
covered by the operation of that subclause in relation to that class of
products.
39 Before paragraph
115Q(1)(a)
Insert:
(aa) amounts received by the Commonwealth as the Board’s component
of levy;
(ab) amounts received by the Commonwealth as the Board’s component
of charge;
(ac) amounts received by the Commonwealth by way of penalty under section
15 of the Levies and Charges Collection Act in relation to amounts of levy
referred to in paragraph (aa);
(ad) amounts received by the Commonwealth by way of penalty under section
15 of the Levies and Charges Collection Act in relation to amounts of charge
referred to in paragraph (ab);
40 Paragraph 115Q(1)(a)
Omit “levy received”, substitute “old levy
received”.
41 Section 115Q
Before “Levy Act” (wherever occurring), insert
“old”.
42 Paragraph 115Q(1)(b)
Omit “export charge received”, substitute “old export
charge received”.
43 Section 115Q
Before “Export Charge Act” (wherever occurring), insert
“old”.
44 Section 115Q
Before “Levy Collection Act” (wherever occurring), insert
“old”.
45 Paragraph 115Q(1)(c)
Omit “levy referred to”, substitute “old levy referred
to”.
46 Section 115Q
Before “Export Charge Collection Act” (wherever occurring),
insert “old”.
47 Paragraph 115Q(1)(d)
Omit “export charge referred to”, substitute “old export
charge referred to”.
48 After subsection 115Q(3)
Insert:
(3A) The reference in paragraph (1)(aa) to amounts received by the
Commonwealth as the Board’s component of levy includes a reference
to:
(a) amounts received by the Commonwealth under subsection 7(1) or (2) of
the Levies and Charges Collection Act in relation to that component of levy;
and
(b) amounts received by the Commonwealth by virtue of an agreement entered
into under section 10 or 11 of that Act in relation to that component of
levy.
(3B) The reference in paragraph (1)(ab) to amounts received by the
Commonwealth as the Board’s component of charge includes a reference
to:
(a) amounts received by the Commonwealth under paragraph 7(3)(a) of the
Levies and Charges Collection Act in relation to that component of charge;
and
(b) amounts received by the Commonwealth by virtue of an agreement entered
into under section 10 or 11 of that Act in relation to that component of
charge.
(3C) The reference in paragraph (1)(ac) to amounts received by the
Commonwealth by way of penalty under section 15 of the Levies and Charges
Collection Act includes a reference to:
(a) amounts received by the Commonwealth under paragraph 7(1)(e) or (2)(d)
of that Act; and
(b) amounts received by the Commonwealth under subsection 9(1) of that Act
in respect of penalty payable under that Act; and
(c) amounts received by the Commonwealth by virtue of an agreement entered
into under section 10 or 11 of that Act in respect of penalty payable under that
Act.
(3D) The reference in paragraph (1)(ad) to amounts received by the
Commonwealth by way of penalty under section 15 of the Levies and Charges
Collection Act includes a reference to:
(a) amounts received by the Commonwealth under paragraph 7(3)(b) of that
Act; and
(b) amounts received by the Commonwealth under subsection 9(1) of that Act
in respect of penalty payable under that Act; and
(c) amounts received by the Commonwealth by virtue of an agreement entered
into under section 10 or 11 of that Act in respect of penalty payable under that
Act.
49 Subsection 115Q(4)
Omit “levy received”, substitute “old levy
received”.
50 Subsection 115Q(5)
Omit “charge received”, substitute “old export charge
received”.
Part
1—Amendments commencing on 1
July 1999
1 Subsection 4(1)
Insert:
wine export charge means charge imposed by Schedule 13 to the
Primary Industries (Customs) Charges Act 1998.
2 Subsection 29U(1) (definition of Charge
Act)
Repeal the definition.
3 Subsection 29U(1)
Insert:
old Charge Act means the repealed Wine Export Charge Act
1997.
4 Before paragraph
29V(1)(a)
Insert:
(ab) wine export charge; and
5 Paragraph 29V(1)(b)
After “under the”, insert “old”.
6 Before paragraph 32(a)
Insert:
(ac) amounts received by the Commonwealth as wine export charge;
and
(ad) so much of the amounts (if any) received by the Commonwealth under
section 15 of the Primary Industries Levies and Charges Collection Act
1991 as is attributable to non-payment of wine export charge; and
7 Paragraphs 32(a) and (b)
Omit “6(1)(g)”, substitute “6(1)(b)”.
8 Paragraph 32(c)
After “charge under the”, insert
“repealed”.
9 Paragraph 32(d)
After “section 6 of the”, insert
“repealed”.
10 Subsection 33(1)
After “section 7 of the”, insert
“repealed”.
11 Subsection 33(1)
Omit “6(1)(g)”, substitute “6(1)(b)”.
12 Subsection 33(2)
After “section 6 of the”, insert
“repealed”.
13 At the end of section 33
Add:
(3) If:
(a) a refund is made by the Commonwealth under section 18 of the
Primary Industries Levies and Charges Collection Act 1991 in respect of
an amount; and
(b) the amount has been paid or overpaid to the Commonwealth by way of
wine export charge;
the Corporation must pay to the Commonwealth an amount equal to the amount
of the refund.
14 Subparagraph 35(ab)(i)
Before “(a)”, insert “(ac), (ad),”.
15 Before paragraph
39ZL(1)(c)
Insert:
(bb) wine export charge; or
16 Paragraphs 39ZL(1)(d) and
(e)
After “imposed by the”, insert
“repealed”.
17 Subsection 39ZL(2)
Omit “(1)”, substitute “(1A)”.
Part
2—Amendments commencing on 1
January 2000
Insert:
Corporation’s component of wine grapes levy has the
meaning given by section 31L.
19 Subsection 4(1)
Insert:
wine grapes levy means levy imposed by Schedule 26 to the
Primary Industries (Excise) Levies Act 1998.
20 Subsection 29U(1) (definition of Levy
Act)
Repeal the definition.
21 Subsection 29U(1)
Insert:
old Levy Act means the repealed Wine Grapes Levy Act
1979.
22 Subsection 29U(2)
Omit “levy imposed under the Levy Act”, substitute “wine
grapes levy, or levy imposed under the old Levy Act,”.
23 Before paragraph
29V(1)(ab)
Insert:
(aa) wine grapes levy; and
24 Paragraph 29V(1)(a)
After “under the”, insert “old”.
25 Subsection 29Z(1)
Omit “levy imposed during the immediately preceding year under the
Levy Act”, substitute “wine grapes levy imposed during the
immediately preceding year, or the amount of the levy imposed during the
immediately preceding year under the old Levy Act,”.
26 Section 29ZA
Omit “subsection 9(2) of the Levy Act”, substitute
“subclause 9(1) of Schedule 26 to the Primary Industries (Excise)
Levies Act 1998”.
27 Before section 32
Insert:
For the purposes of this Act, the Corporation’s component of
wine grapes levy is an amount of levy covered by paragraph 7(1)(a) of
Schedule 26 to the Primary Industries (Excise) Levies Act 1998.
28 Before paragraph 32(ac)
Insert:
(aa) amounts received by the Commonwealth as the Corporation’s
component of wine grapes levy; and
(ab) so much of the amounts (if any) received by the Commonwealth under
section 15 of the Primary Industries Levies and Charges Collection Act
1991 as is attributable to non-payment of the Corporation’s component
of wine grapes levy; and
29 Paragraphs 32(a) and (b)
Before “Wine Grapes Levy Act 1979”, insert
“repealed”.
30 Paragraph 32(b)
After “section 5 of the”, insert
“repealed”.
31 Subsection 33(1)
Before “Wine Grapes Levy Act 1979”, insert
“repealed”.
32 At the end of section 33
Add:
(4) If:
(a) a refund is made by the Commonwealth under section 18 of the
Primary Industries Levies and Charges Collection Act 1991 in respect of
an amount; and
(b) the amount has been paid or overpaid to the Commonwealth by way of the
Corporation’s component of wine grapes levy;
the Corporation must pay to the Commonwealth an amount equal to the amount
of the refund.
33 Subparagraph 35(ab)(i)
Before “(ac)”, insert “(aa), (ab),”.
34 Before paragraph
39ZL(1)(bb)
Insert:
(ba) wine grapes levy; or
35 Paragraph 39ZL(1)(c)
After “imposed by the”, insert
“repealed”.
Part
3—Transitional provision
relating to wine grapes levy
36
Transitional—regulations
Unless the contrary intention appears, regulations made for the purposes of
section 29Z of the Australian Wine and Brandy Corporation Act 1980 apply,
in relation to levy imposed by Schedule 26 to the Primary Industries (Excise)
Levies Act 1998, in a corresponding way to the way in which those
regulations apply in relation to levy imposed by the repealed Wine Grapes
Levy Act 1979.
1 Subsection 3(1)
Insert:
Corporation’s component of charge has the meaning given
by section 44B.
2 Subsection 3(1)
Insert:
Corporation’s component of levy has the meaning given
by section 44A.
3 Subsection 3(1)
(definition of Export Charge
Act)
Repeal the definition.
4 Subsection 3(1) (definition of Levy
Act)
Repeal the definition.
5 Subsection 3(1)
Insert:
old Export Charge Act means the repealed Horticultural
Export Charge Act 1987.
6 Subsection 3(1)
Insert:
old Export Charge Collection Act means the repealed
Horticultural Export Charge Collection Act 1987.
7 Subsection 3(1)
Insert:
old Levy Act means the repealed Horticultural Levy Act
1987.
8 Subsection 3(1)
Insert:
old Levy Collection Act means the repealed Horticultural
Levy Collection Act 1987.
9 Before section 45
Insert:
For the purposes of this Act, the Corporation’s component of
levy is an amount of levy covered by subclause 4(3) of Schedule 15 to
the Primary Industries (Excise) Levies Act 1998.
For the purposes of this Act, the Corporation’s component of
charge is an amount of charge covered by subclause 3(5) of Schedule 10
to the Primary Industries (Customs) Charges Act 1998.
10 Before paragraph
45(1)(a)
Insert:
(aaa) amounts received by the Commonwealth as the Corporation’s
component of levy; and
11 Section 45
Before “Levy Act” (wherever occurring), insert
“old”.
12 Paragraph 45(1)(aa)
Before “(a)”, insert “(aaa) or”.
13 Section 45
Before “Levy Collection Act” (wherever occurring), insert
“old”.
14 Section 45
Before “Export Charge Act” (wherever occurring), insert
“old”.
15 Before paragraph
45(2)(a)
Insert:
(aaa) amounts received by the Commonwealth as the Corporation’s
component of charge; and
16 Paragraph 45(2)(aa)
Before “(a)”, insert “(aaa) or”.
17 Section 45
Before “Export Charge Collection Act” (wherever occurring),
insert “old”.
18 After subsection 45(3)
Insert:
(3A) The reference in paragraph (1)(aaa) to amounts received by the
Commonwealth as the Corporation’s component of levy includes a reference
to:
(a) amounts received by the Commonwealth under subsection 7(1) or (2) of
the Levies and Charges Collection Act in relation to such a component of levy;
and
(b) amounts received by the Commonwealth by virtue of an agreement entered
into under section 10 or 11 of that Act in relation to such a component of
levy.
19 After subsection 45(4)
Insert:
(4A) The reference in paragraph (2)(aaa) to amounts received by the
Commonwealth as the Corporation’s component of charge includes a reference
to:
(a) amounts received by the Commonwealth under paragraph 7(3)(a) of the
Levies and Charges Collection Act in relation to such a component of charge;
and
(b) amounts received by the Commonwealth by virtue of an agreement entered
into under section 10 or 11 of that Act in relation to such a component of
charge.
20 Paragraph 45(5A)(a)
Omit “7(1)(f)”, substitute “7(1)(e)”.
21 Paragraphs 45A(1)(a) and
(b)
After “of the”, insert “old”.
22 Paragraphs 45A(2)(a) and
(b)
After “of the”, insert “old”.
23 Paragraph 46(3)(a)
Omit “45(1)(a) and (2)(a)”, substitute “45(1)(aaa) and
(a) and (2)(aaa) and (a)”.
24 Subsection 46(3)
Before “Levy Collection Act”, insert
“old”.
25 Subsection 46(3)
Before “Export Charge Collection Act”, insert
“old”.
26 Subparagraph
47(1)(aa)(i)
Repeal the subparagraph, substitute:
(i) the collection or recovery of amounts referred to in paragraph
45(1)(aaa), (a), (aa) or (b) or (2)(aaa), (a), (aa) or (b); or
Insert:
Corporation’s component of levy has the meaning given
by section 22A.
2 Paragraph 7(1)(d)
Omit “paragraph 6(1)(b) of the Pig Slaughter Levy Act
1971”, substitute “paragraph 3(b) of Schedule 22 to the
Primary Industries (Excise) Levies Act 1998”.
3 Before section 23
Insert:
For the purposes of this Act, the Corporation’s component of
levy is an amount of levy covered by paragraph 3(b) of Schedule 22 to
the Primary Industries (Excise) Levies Act 1998.
4 Subsection 23(1)
Omit all the words after “amounts” (first occurring),
substitute:
equal to:
(a) amounts received by the Commonwealth as the Corporation’s
component of levy; and
(b) amounts of levy received by the Commonwealth because of paragraph
6(1)(b) of the repealed Pig Slaughter Levy Act 1971.
5 After subsection 23(1)
Insert:
(1A) The reference in paragraph (1)(a) to amounts received by the
Commonwealth as the Corporation’s component of levy includes a reference
to:
(a) amounts received under subsection 7(1) of the Primary Industries
Levies and Charges Collection Act 1991 in relation to the
Corporation’s component of levy; and
(b) amounts payable by way of penalty under section 15 of that Act in
relation to the Corporation’s component of levy.
6 Subsection 23(2)
Omit “subsection (1)”, substitute “paragraph
(1)(b)”.
7 Paragraphs 23(2)(a) and
(b)
Omit “that subsection”, substitute “paragraph (1)(b) of
this section”.
8 Paragraph 23(2)(b)
After “section 6 of the”, insert
“repealed”.
Insert:
Reserve’s component of charge has the meaning given by
section 4A.
2 Section 3
Insert:
Reserve’s component of levy has the meaning given by
section 4B.
3 After section 4
Insert:
For the purposes of this Act, the Reserve’s component of
charge is any of the following amounts:
(a) an amount of charge covered by paragraph 2(b) of Schedule 1 to the
Primary Industries (Customs) Charges Act 1998;
(b) an amount of charge covered by paragraph 3(1)(c) of Schedule 3 to the
Primary Industries (Customs) Charges Act 1998;
(c) an amount of charge covered by paragraph 3(2)(c) of Schedule 3 to the
Primary Industries (Customs) Charges Act 1998.
For the purposes of this Act, the Reserve’s component of
levy is any of the following amounts:
(a) an amount of levy covered by paragraph 2(b) of Schedule 2 to the
Primary Industries (Excise) Levies Act 1998;
(b) an amount of levy covered by paragraph 6(1)(c) of Schedule 3 to the
Primary Industries (Excise) Levies Act 1998;
(c) an amount of levy covered by paragraph 6(2)(c) of Schedule 3 to the
Primary Industries (Excise) Levies Act 1998;
(d) an amount of levy covered by paragraph 6(3)(c) of Schedule 3 to the
Primary Industries (Excise) Levies Act 1998.
4 Before paragraph 5(a)
Insert:
(aaa) amounts equal to the amounts received by the Commonwealth by way of
the Reserve’s component of charge; and
(aab) amounts equal to the amounts received by the Commonwealth by way of
the Reserve’s component of levy; and
5 Paragraphs 5(a) and (aa)
Before “Live-stock Slaughter Levy Act 1964”, insert
“repealed”.
6 Paragraph 5(ab)
Before “Buffalo Slaughter Levy Act 1997”, insert
“repealed”.
7 Paragraphs 5(b) and (ba)
Before “Live-stock Export Charge Act 1977”, insert
“repealed”.
8 Paragraph 5(baa)
Before “Buffalo Export Charge Act 1997”, insert
“repealed”.
9 Paragraph 5(bb)
Before “Cattle Transaction Levy Act 1990”, insert
“repealed”.
10 Paragraph 5(bc)
Before “Cattle Transaction Levy Act 1995”, insert
“repealed”.
11 Paragraph 5(bca)
Before “Cattle Transactions Levy Act 1997”, insert
“repealed”.
12 Paragraph 5(bd)
Before “Cattle Export Charges Act 1990”, insert
“repealed”.
13 Paragraph 5(be)
Before “Cattle (Producers) Export Charges Act 1997”,
insert “repealed”.
1 Section 3 (before paragraph (a) of the
definition of Australian Animal Health Council levy)
Insert:
(aa) paragraph 3(1)(d) or (2)(d) of Schedule 3 to the Primary
Industries (Customs) Charges Act 1998;
(ab) paragraph 6(1)(d), (2)(d) or (3)(d) of Schedule 3 to the Primary
Industries (Excise) Levies Act 1998;
(ac) subclause 10(1) of Schedule 6 to the Primary Industries (Excise)
Levies Act 1998, so far as it relates to paragraph 6(1)(g) of that
Schedule;
(ad) paragraph 4(b) of Schedule 16 to the Primary Industries (Excise)
Levies Act 1998;
(ae) paragraph 3(c), 4(c) or 5(c) of Schedule 12 to the Primary
Industries (Customs) Charges Act 1998;
(af) paragraph 4(1)(c), (3)(c) or (4)(c) of Schedule 18 to the Primary
Industries (Excise) Levies Act 1998;
(ag) paragraph 4(b) of Schedule 19 to the Primary Industries (Excise)
Levies Act 1998;
(ah) paragraph 3(c) of Schedule 22 to the Primary Industries (Excise)
Levies Act 1998;
2 Section 3 (paragraphs (a), (b), (c), (d), (e),
(f), (g) and (h) of the definition of Australian Animal Health Council
levy)
After “of the”, insert “repealed”.
1 Before subsection 63(1)
Insert:
(1A) There is to be paid to the marketing body, at the times, and in the
manner and subject to the conditions agreed between the Minister and the body,
amounts equal to:
(a) amounts of levy received by the Commonwealth because of paragraphs
4(1)(a), (3)(a) and (4)(a) of Schedule 18 to the Primary Industries (Excise)
Levies Act 1998; and
(b) amounts of levy received by the Commonwealth because of paragraphs
3(1)(a), (2)(a) and (3)(a) of Schedule 17 to the Primary Industries (Excise)
Levies Act 1998; and
(c) amounts of charge received by the Commonwealth because of paragraphs
3(a), 4(a) and 5(a) of Schedule 12 to the Primary Industries (Customs)
Charges Act 1998; and
(d) amounts of charge received by the Commonwealth because of paragraphs
3(a), 4(a) and 5(a) of Schedule 11 to the Primary Industries (Customs)
Charges Act 1998; and
(e) amounts of levy received by the Commonwealth because of paragraph
3(1)(a) of Schedule 1 to the Primary Industries (Excise) Levies Act 1998;
and
(f) amounts of charge received by the Commonwealth because of paragraph
3(1)(a) and (2)(a) of Schedule 3 to the Primary Industries (Customs) Charges
Act 1998; and
(g) amounts of charge received by the Commonwealth because of paragraph
3(1)(a) of Schedule 2 to the Primary Industries (Customs) Charges Act
1998; and
(h) amounts of levy received by the Commonwealth because of paragraphs
6(1)(a), (2)(a) and (3)(a) of Schedule 3 to the Primary Industries (Excise)
Levies Act 1998.
2 Paragraphs 64(1)(a), (b), (c), (d), (e), (f),
(g) and (h)
After “of the”, insert “repealed”.
3 Before subsection 64(1)
Insert:
(1A) There is to be paid to the research body, at the times, and in the
manner and subject to the conditions agreed between the Minister and the body,
amounts equal to:
(a) amounts of levy received by the Commonwealth because of paragraphs
4(1)(b), (3)(b) and (4)(b) of Schedule 18 to the Primary Industries (Excise)
Levies Act 1998; and
(b) amounts of levy received by the Commonwealth because of paragraphs
3(1)(b), (2)(b) and (3)(b) of Schedule 17 to the Primary Industries (Excise)
Levies Act 1998; and
(c) amounts of charge received by the Commonwealth because of paragraphs
3(b), 4(b) and 5(b) of Schedule 12 to the Primary Industries (Customs)
Charges Act 1998; and
(d) amounts of charge received by the Commonwealth because of paragraphs
3(b), 4(b) and 5(b) of Schedule 11 to the Primary Industries (Customs)
Charges Act 1998; and
(e) amounts of levy received by the Commonwealth because of paragraph
3(1)(b) of Schedule 1 to the Primary Industries (Excise) Levies Act 1998;
and
(f) amounts of charge received by the Commonwealth because of paragraphs
3(1)(b) and (2)(b) of Schedule 3 to the Primary Industries (Customs) Charges
Act 1998; and
(g) amounts of charge received by the Commonwealth because of paragraph
3(1)(b) of Schedule 2 to the Primary Industries (Customs) Charges Act
1998; and
(h) amounts of levy received by the Commonwealth because of paragraphs
6(1)(b), (2)(b) and (3)(b) of Schedule 3 to the Primary Industries (Excise)
Levies Act 1998.
4 Paragraphs 64(1)(a), (b), (c), (d), (e), (f),
(g) and (h)
After “of the”, insert “repealed”.
5 Subsection 65(1)
After “paragraph” (first occurring), insert “63(1A)(b),
63(1A)(e),”.
6 Subsection 65(1)
After “63(1)(e),”, insert “64(1A)(b),
64(1A)(e),”.
7 Subsection 65(2)
After “paragraph” (first occurring), insert “63(1A)(c),
63(1A)(d), 63(1A)(f), 63(1A)(g),”.
8 Subsection 65(2)
After “63(1)(g),”, insert “64(1A)(c), 64(1A)(d),
64(1A)(f), 64(1A)(g),”.
9 Subsection 65(3)
After “paragraph” (first occurring), insert “63(1A)(a),
63(1A)(h),”.
10 Subsection 65(3)
After “63(1)(h),”, insert “64(1A)(a),
64(1A)(h),”.
11 Paragraph 66(2)(a)
Omit “subsection 64(1)”, substitute “subsections 64(1A)
and (1)”.
1 Subsection 3(1)
(definition of corporation
levy)
Repeal the definition, substitute:
Corporation levy means Corporation levy imposed by Schedule 6
to the Primary Industries (Excise) Levies Act 1998, and includes amounts
of penalty (if any) payable under the Levies and Charges Collection Act in
relation to that levy.
2 Subsection 3(1) (definition of dairy
products levy)
Repeal the definition.
3 Subsection 3(1) (definition of exotic
animal disease levy)
Repeal the definition.
4 Subsection 3(1) (definition of first Levy
Act)
Repeal the definition.
5 Subsection 3(1) (definition of market
support levy)
Repeal the definition.
6 Subsection 3(1) (definition of milk fat
levy)
Repeal the definition.
7 Subsection 3(1)
Insert:
old corporation levy means corporation levy imposed by the
old first Levy Act, and includes amounts of penalty (if any) payable under the
Levies and Charges Collection Act in relation to that levy.
8 Subsection 3(1)
Insert:
old dairy products levy means the levy imposed by:
(a) section 9 of the old first Levy Act; or
(b) section 5 or 8 of the old second Levy Act;
as in force on 30 June 1995, and includes amounts of penalty (if any)
payable under the Levies and Charges Collection Act in relation to that
levy.
9 Subsection 3(1)
Insert:
old first Levy Act means the repealed Dairy Produce Levy
(No. 1) Act 1986.
10 Subsection 3(1)
Insert:
old market support levy means market support levy imposed by
the old first Levy Act, and includes amounts of penalty (if any) payable under
the Levies and Charges Collection Act in relation to that levy.
11 Subsection 3(1)
Insert:
old promotion levy means promotion levy imposed by the old
first Levy Act, and includes amounts of penalty (if any) payable under the
Levies and Charges Collection Act in relation to that levy.
12 Subsection 3(1)
Insert:
old research levy means research levy imposed by the old
first Levy Act, and includes amounts of penalty (if any) payable under the
Levies and Charges Collection Act in relation to that levy.
13 Subsection 3(1)
Insert:
old second Levy Act means the repealed Dairy
Produce Levy (No. 2) Act 1986.
14 Subsection 3(1) (definition of promotion
levy)
Repeal the definition, substitute:
promotion levy means promotion levy imposed by Schedule 6 to
the Primary Industries (Excise) Levies Act 1998, and includes amounts of
penalty (if any) payable under the Levies and Charges Collection Act in relation
to that levy.
15 Subsection 3(1) (definition of relevant
dairy produce)
Repeal the definition, substitute:
relevant dairy produce has the same meaning as in Schedule 6
to the Primary Industries (Excise) Levies Act 1998.
16 Subsection 3(1) (definition of research
levy)
Repeal the definition.
17 Subsection 3(1) (definition of second Levy
Act)
Repeal the definition.
18 Subsection 3(3)
Omit “the first Levy Act”, substitute “Schedule 6 to the
Primary Industries (Excise) Levies Act 1998”.
19 Before paragraph
71(1)(a)
Insert:
(aa) the amounts received by the Commonwealth as Corporation levy;
and
20 Paragraph 71(1)(a)
Omit “Corporation levy”, substitute “old corporation
levy.”
21 At the end of paragraph
71(1)(b)
Add “or old corporation levy”.
22 Subparagraph
74(1)(ca)(i)
Omit “71(1)(a)”, substitute “71(1)(aa),
(a)”.
23 Subparagraph 88(1)(d)(i)
Omit “the first Levy Act”, substitute “Schedule 6 to the
Primary Industries (Excise) Levies Act 1998”.
24 Paragraphs 90(1)(a) and
(b)
Repeal the paragraphs, substitute:
(a) the amounts received by the Commonwealth as promotion levy;
and
(b) the amounts received by the Commonwealth as old promotion levy;
and
(c) the amounts received by the Commonwealth in discharge of the liability
of a person under subsection 7(1) or (2) of the Levies and Charges Collection
Act in respect of amounts of promotion levy or old promotion levy.
25 Subparagraph 91(aa)(i)
Omit “or (b)”, substitute “, (b) or (c)”.
26 At the end of section 92
Add:
Note: Section 102 provides that, as soon as practicable
after 1 July 1995, the Market Support Fund is to be wound up.
27 Paragraphs 93(1)(a) and
(c)
Before “market support levy”, insert
“old”.
28 Paragraph 93(1)(b)
Before “dairy products levy”, insert
“old”.
29 Paragraph 93(1)(b)
Before “second Levy Act”, insert “old”.
30 Section 103 (definition of acquisition
offset levy)
Repeal the definition, substitute:
acquisition offset levy means:
(a) acquisition offset levy imposed by Schedule 6 to the Primary
Industries (Excise) Levies Act 1998; or
(b) acquisition offset levy imposed by the old first Levy Act, as in force
on and after 1 July 1995.
31 Section 103 (definition of import offset
levy)
Repeal the definition, substitute:
import offset levy means:
(a) charge imposed by clause 3 of Schedule 4 to the Primary Industries
(Customs) Charges Act 1998; or
(b) import offset levy imposed by the old second Levy Act, as in force on
and after 1 July 1995.
32 Section 103 (definition of manufacturing
milk levy)
Repeal the definition, substitute:
manufacturing milk levy means:
(a) manufacturing milk levy imposed by Schedule 6 to the Primary
Industries (Excise) Levies Act 1998; or
(b) manufacturing milk levy imposed by the old first Levy Act, as in force
on and after 1 July 1995;
and includes amounts of penalty (if any) payable under the Levies and
Charges Collection Act in relation to such a levy.
33 Section 103 (definition of market
milk)
Omit “paragraph 5(1)(a) of the Dairy Produce Levy (No. 1) Act
1986”, substitute “Schedule 6 to the Primary Industries
(Excise) Levies Act 1998 or by paragraph 5(1)(a) of the old first Levy
Act”.
34 Section 103 (definition of market milk
levy)
Repeal the definition, substitute:
market milk levy means:
(a) market milk levy imposed by Schedule 6 to the Primary Industries
(Excise) Levies Act 1998; or
(b) market milk levy imposed by the old first Levy Act, as in force on and
after 1 July 1995;
and includes amounts of penalty (if any) payable under the Levies and
Charges Collection Act in relation to such a levy.
35 Section 103 (definition of milk fat
rate)
Repeal the definition, substitute:
milk fat rate means:
(a) in relation to a month beginning on or after 1 July 1999—the
milk fat rate prescribed, under Schedule 6 to the Primary Industries (Excise)
Levies Act 1998, in relation to the manufacturing milk levy for that month;
or
(b) in relation to a month beginning before 1 July 1999—the milk fat
rate prescribed, under the old first Levy Act, in relation to the manufacturing
milk levy for that month.
36 Section 103 (definition of protein
rate)
Repeal the definition, substitute:
protein rate means:
(a) in relation to a month beginning on or after 1 July 1999—the
protein rate prescribed, under Schedule 6 to the Primary Industries (Excise)
Levies Act 1998, in relation to the manufacturing milk levy for that month;
or
(b) in relation to a month beginning before 1 July 1999—the protein
rate prescribed, under the old first Levy Act, in relation to the manufacturing
milk levy for that month.
37 After paragraph
107(2)(a)
Insert:
(aa) charge imposed by Schedule 4 to the Primary Industries (Customs)
Charges Act 1998; or
38 Paragraph 107(2)(b)
Omit “Dairy Produce Levy (No. 2) Act 1986”, substitute
“old second Levy Act”.
39 At the end of paragraph
107(2)(c)
Add “or charge referred to in paragraph (aa)”.
40 Paragraph 108D(1)(b)
Repeal the paragraph, substitute:
(b) if that month begins before 1 July 1999—but for the operation of
subsection 7(5) of the old first Levy Act, the amount of the manufacturing milk
levy so imposed would be a negative amount; and
(c) if that month begins on or after 1 July 1999—but for the
operation of subclause 8(5) of Schedule 6 to the Primary Industries (Excise)
Levies Act 1998, the amount of the manufacturing milk levy so imposed would
be a negative amount.
41 Subsection 108D(4)
Omit “(1)”, substitute “(3)”.
42 Paragraph 108E(1)(c)
Repeal the paragraph, substitute:
(c) if that month begins before 1 July 1999—the export of the dairy
produce has not been taken into account under paragraphs 7(2)(c) and (d) of the
old first Levy Act; and
(d) if that month begins on or after 1 July 1999—the export of the
dairy produce has not been taken into account under paragraphs 8(2)(c) and (d)
of Schedule 6 to the Primary Industries (Excise) Levies Act
1998.
43 Paragraph 109A(1)(b)
Before “the total amount”, insert “if the financial year
is earlier than the financial year beginning on 1 July
1999—”.
44 Paragraph 109A(1)(b)
Before “first Levy Act”, insert “old”.
45 At the end of paragraph
109A(1)(b)
Add “and”.
46 After paragraph
109A(1)(b)
Insert:
(c) if the financial year begins on or after 1 July 1999—the total
amount so payable by the prescribed exporter would, but for this section, exceed
the amount that, under Schedule 6 to the Primary Industries (Excise) Levies
Act 1998, is the maximum amount in relation to acquisition offset levy
payable by the prescribed exporter in respect of that year;
47 Subsection 109A(2) (definition of Maximum
amount)
Repeal the definition, substitute:
Maximum amount means:
(a) in the case of a financial year earlier than the financial year
beginning on 1 July 1999—the amount that, under the old first Levy Act, is
the maximum amount in relation to acquisition offset levy payable by the
prescribed exporter in respect of that year; or
(b) in the case of a financial year beginning on or after 1 July
1999—the amount that, under Schedule 6 to the Primary Industries
(Excise) Levies Act 1998, is the maximum amount in relation to acquisition
offset levy payable by the prescribed exporter in respect of that
year.
48 Subsection 109A(2) (definition of
Levy)
Omit “the levy”, substitute “the acquisition offset levy
or the import offset levy”.
49 Subsection 109A(4)
Repeal the subsection, substitute:
(4) A reference in this section to the milk fat rate for a month or the
protein rate for a month has the same meaning as in:
(a) in the case of a month beginning before 1 July 1999—section 7 of
the old first Levy Act; or
(b) in the case of a month beginning on or after 1 July 1999—clause
8 of Schedule 6 to the Primary Industries (Excise) Levies Act
1998.
50 Subsection 109B(5)
Omit “of levy”, substitute “of acquisition offset levy or
import offset levy”.
51 Subsection 109B(5)
Omit all the words after “payable”, substitute:
under:
(a) Schedule 6 to the Primary Industries (Excise) Levies Act 1998;
or
(b) Schedule 4 to the Primary Industries (Customs) Charges Act
1998; or
(c) the old first Levy Act; or
(d) the old second Levy Act;
as the case requires.
52 At the end of section
109B
Add:
(6) In this section:
acquisition offset levy has the same meaning as in Division 5
of Part VII.
import offset levy has the same meaning as in Division 5 of
Part VII.
53 Paragraph 111A(1)(a)
Repeal the paragraph, substitute:
(a) it is necessary to determine the milk fat content of dairy produce for
the purposes of a provision of:
(i) this Act; or
(ii) Schedule 6 to the Primary Industries (Excise) Levies Act 1998;
or
(iii) Schedule 4 to the Primary Industries (Customs) Charges Act
1998; or
(iv) the old first Levy Act; or
(v) the old second Levy Act; and
54 Paragraph 111A(2)(a)
Repeal the paragraph, substitute:
(a) it is necessary to determine the protein content of dairy produce for
the purposes of a provision of:
(i) this Act; or
(ii) Schedule 6 to the Primary Industries (Excise) Levies Act 1998;
or
(iii) Schedule 4 to the Primary Industries (Customs) Charges Act
1998; or
(iv) the old first Levy Act; or
(v) the old second Levy Act; and