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PRIMARY INDUSTRIES LEVIES AND CHARGES (CONSEQUENTIAL AMENDMENTS) ACT 1999 NO. 32, 1999 - SCHEDULE 2
-- Amendment of the Primary Industries Levies and Charges Collection Act 1991
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 1999 or Schedule 2 to the
Primary Industries (Customs) Charges Act 1999 ".
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
1999 ; or
- (b)
- charge imposed by Schedule 7 or 8 to the Primary Industries (Customs)
Charges Act 1999 .
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 1999 ".
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 1999 ".
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 1999 ".
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 1999 (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 1999 (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 1999 ".
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 1999 (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
1999 ".
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 1999 ".
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 1999 ".
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 1999 ".
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 1999 ".
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 1999
".
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 1999 ".
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 1999 ".
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 1999 ".
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 1999 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 1999 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 1999 (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 1999 ".
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 1999 ".
28 After subsection 8(4A)
Insert:
- (4B)
- If levy is imposed under Schedule 27 to the Primary Industries
- (Excise)
- Levies Act 1999
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 1999 ".
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 1999 ".
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
1999 , 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 1999 , of the declared value of a quantity of deer velvet exported from
Australia.
33 After section 29
Insert: 29A Associated Acts do not authorise the
imposition of a tax on property of a State
- (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:
SCHEDULE 1--Acts that impose a charge
- Note: See subsection 4(1).
SCHEDULE 2--Acts that impose a levy
- Note: See subsection 4(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 1999
; or
- (b)
- a levy imposed by any of Schedules 1 to 25 to the Primary Industries
- (Excise)
- Levies Act 1999
;
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 1999 )—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 1999
—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.
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 1999 ".
38
Schedule 2
Omit:
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
1999 , 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 .
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