Commonwealth Consolidated Acts

NATIONAL RESIDUE SURVEY (CUSTOMS) LEVY ACT 1998 - SCHEDULE 1

1   Definitions

    In this Schedule:

"aquatic animal" means:

  (a)   live, fresh or processed fish; and

  (b)   crustaceans and molluscs; and

  (c)   aquatic reptiles; and

  (d)   all other forms of amphibious or aquatic animal life;

but does not include:

  (e)   aquatic mammals; or

  (f)   oyster spat or live fish ova; or

  (g)   aquarium fish; or

  (h)   shells from which the fish have been removed.

"aquatic animal product" means a product of which the major component is aquatic animals.

2   Imposition of levy

  (1)   National Residue Survey Levy is imposed on the export of aquatic animals, or aquatic animal products, from Australia after the commencement of this Schedule.

  (2)   National Residue Survey Levy is not imposed by this Schedule if the aquatic animal or aquatic animal product is prescribed for the purposes of this subclause.

3   Rate of levy

  (1)   The rate of National Residue Survey Levy imposed by this Schedule on the export of aquatic animals of a particular class or aquatic animal products produced from aquatic animals of a particular class is:

  (a)   the rate specified in the third column of the following table opposite that class; or

  (b)   if regulations are made prescribing a rate in relation to that class, being a rate that does not exceed the rate specified in the fourth column of the following table opposite that class--that prescribed rate.

 

Rates table
Item	Class of aquatic animal	Operative rate of levy	Maximum rate of levy
1	fin fish	1 cent per kilogram	5 cents per kilogram
2	abalone	1 cent per kilogram	5 cents per kilogram
3	other crustaceans and molluscs	1 cent per kilogram	5 cents per kilogram
4	any other aquatic animal	1 cent per kilogram	5 cents per kilogram

  (2)   The regulations may prescribe different rates in relation to:

  (a)   different groups of aquatic animals within the same class of aquatic animals; and

  (b)   aquatic animal products produced from different groups of aquatic animals within the same class of aquatic animals.

  (3)   Subclause   ( 2) does not affect the application of subsection   33(3A) of the Acts Interpretation Act 1901 .

4   Who pays the levy

    National Residue Survey Levy imposed by this Schedule on the export of aquatic animals or aquatic animal products is payable by the producer of the aquatic animals or aquatic animal products.