Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(regulation 9)
This Schedule applies in relation to leviable cotton.
In this Schedule:
"leviable cotton" has the meaning given in clause 1 of Schedule 5 to the Excise Levies Act.
"levy" means levy of any of the following kinds:
(a) levy imposed under Schedule 5 to the Excise Levies Act;
(b) EPPR levy imposed under Schedule 5 to the Excise Levies Regulations;
(c) PHA levy imposed under Schedule 5 to the Excise Levies Regulations.
For the definition of levy year in subsection 4(1) of the Collection Act, a financial year is prescribed for leviable cotton.
Leviable cotton is a product to which paragraph (a) of the definition of processor in subsection 4(1) of the Collection Act applies.
Note: Paragraph (a) of the definition of processor in subsection 4(1) of the Collection Act provides that, for a product declared by the regulations to be a product to which that paragraph applies, processor means the person, association, co - operative, board or authority that produces the product.
5 Liability of intermediaries for levy--receivers and processors
Leviable cotton is a product to which paragraphs 7(2)(a) and (b) of the Collection Act apply.
Note: Paragraphs 7(2)(a) and (b) of the Collection Act provide that a receiver of a product or a processor who processes a product on or in relation to which levy is imposed, being a product declared by the regulations to be a product to which those paragraphs apply, is liable to pay, on behalf of the producer, any levy due for payment on or in relation to the product and any penalty for late payment imposed by section 15 of the Collection Act.
6 When levy is due for payment
For section 6 of the Collection Act, levy payable for a month is due for payment:
(a) if a return for the month is lodged within the period mentioned in clause 8--on the day that the return is lodged; or
(b) if a return for the month is not lodged within the period mentioned in clause 8--on the last day of that period.
Note: For penalty for late payment, see section 15 of the Collection Act.
(1) A processor must lodge a return for a month if the processor produced leviable cotton in the month.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(2) A receiver must lodge a return for a month if the receiver received unprocessed leviable cotton, other than for storage, in the month.
Note: For offences in relation to returns, see section 24 of the Collection Act.
8 When a return must be lodged
A return for a month must be lodged within 28 days after the end of the month to which it relates.
Note: For offences in relation to returns, see section 24 of the Collection Act.
9 What must be included in a return
In addition to the information required by regulation 10, a return for a month must set out, for the month:
(a) the quantity of leviable cotton produced or received; and
(b) the amount of levy payable for the leviable cotton; and
(c) the amount of levy paid for the leviable cotton; and
(d) the following details for each person on whose behalf leviable cotton was dealt with:
(i) the person's full name;
(ii) the person's business or residential address (not the address of a post office box or post office bag);
(iii) the person's ABN, if any;
(iv) if the person is a company and does not have an ABN--its ACN.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(1) A processor and a receiver must keep records showing, for each month:
(a) the quantity of leviable cotton produced or received in the month; and
(b) the amount of levy payable for the leviable cotton; and
(c) the amount of levy paid for the leviable cotton.
(2) An offence under subclause (1) is an offence of strict liability.
Note 1: For strict liability , see section 6.1 of the Criminal Code.
Note 2: For offences in relation to how long records must be kept, see regulation 12.