Commonwealth Numbered Regulations

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION AMENDMENT REGULATIONS 2003 (NO. 3) 2003 NO. 137 - SCHEDULE 1

(regulation 3)

[1] Schedule 10, clause 2, before definition of protein content

insert

personal details , for a person, means:

(a)

the person's full name; and

(b)

the full name and business address or residential address of the person, not being the address of a post office box or post office bag; and

(c)

if the person has a post office box address or post office bag address — that address; and

(d)

the person's ABN, if any; and

(e)

the contact details for the person.

[2] Schedule 10, paragraph 8 (b)

substitute

(b)

a manufacturer, including a producer who transfers relevant dairy produce to his or her own manufacturing facility, who manufactures dairy produce from relevant dairy produce in the month;

[3] Schedule 10, clause 9, except the note

substitute

9 When a return must be lodged

(1)

A person who buys or sells relevant dairy produce, or, who transfers relevant dairy produce in the circumstances mentioned in paragraph 8 (b), in a particular month (the transaction month ) must lodge a return for the transaction month no more than one month and 28 days after the end of the transaction month.

(2)

A person who buys or sells relevant dairy produce or, who transfers relevant dairy produce in the circumstances mentioned in paragraph 8 (b), in a levy year must lodge a return for the levy year no more than 28 days after the end of the levy year.

[4] Schedule 10, clauses 10, 11 and 12

substitute

10 What must be included in a return
(1) In addition to the information required by regulation 10, a return must set out, for the month:
(a) the amount, in litres, of whole milk that was:

(i)

delivered to, or processed by, the person lodging the return; and

(ii)

produced by the person lodging the return (except milk consumed, lost or disposed of on the farm where it was produced); and

(b)

the content details of the milk mentioned in paragraph (a).

(2) In addition to the information required by regulation 10, a return for a levy year must set out, for the levy year, for each producer on behalf of whom levy is liable to be paid by the person:

(a)

the personal details of the producer; and

(b)

the amount of levy liable to be paid on behalf of that producer in the levy year; and

(c)

the quantity and content details of the milk on which levy is liable to be paid on behalf of the producer.

11 What records must be kept — first purchasers, manufacturers, buying or selling agents
(1) A first purchaser, manufacturer, buying or selling agent of relevant dairy produce in a month must keep records that show, for the month:
(a) for each person who supplied produce:

(i)

the personal details of the person; and

(ii)

the quantity and the content details of the produce that was supplied; and

(iii)

the amount of levy paid by the producer in respect of that produce; and

(iv)

the quantity and the content details of the produce in respect of which no levy has been paid; and

(b)

the quantity and the content details of the produce that was processed by or for the first purchaser, manufacturer, buying or selling agent.

Penalty:
10 penalty units.

(2)

An offence under subclause (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .