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PRIMARY INDUSTRIES LEVIES AND CHARGES (CONSEQUENTIAL AMENDMENTS) ACT 1999 NO. 32, 1999 - SCHEDULE 5

-- Amendment of the Australian Wine and Brandy Corporation Act 1980

1 Subsection 4(1)

Insert:

wine export charge means charge imposed by Schedule 13 to the Primary Industries (Customs) Charges Act 1999 .

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old Charge Act means the repealed Wine Export Charge Act 1997 .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After "charge under the", insert "repealed".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After "section 6 of the", insert "repealed".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After "section 7 of the", insert "repealed".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After "section 6 of the", insert "repealed".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After "imposed by the", insert "repealed".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)".

18 Subsection 4(1)

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 1999 .

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old Levy Act means the repealed Wine Grapes Levy Act 1979 .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 1999 ".

27 Before section 32

Insert:

31L Corporation's component of wine grapes levy

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 1999 .

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".

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 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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