Commonwealth Numbered Regulations

1992 No. 50 PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (MACADAMIA NUT) REGULATIONS - REG 4

4. In these Regulations, unless the contrary intention appears:

"buy" does not include buy in a retail transaction;

"chargeable macadamia nuts" means macadamia nuts that are not exempt from
export charge under subregulation 12 (2);

"consigned mass", in relation to macadamia nuts, means:

   (a)  the mass of the macadamia nuts, at 10% moisture content; or

   (b)  if the moisture content of the nuts has not been determined when
        dealing with the nuts-the mass of the macadamia nuts at the moisture
        content agreed by the parties to the dealing in the nuts;

"deal", in relation to macadamia nuts, means deliver, take delivery of,
process, export, buy or sell;

"export charge" means export charge imposed on macadamia nuts under the Export
Charge Act;

"Export Charge Act" means the Horticultural Export Charge Act 1987;

"exporter", in relation to exported macadamia nuts, means the producer
within the meaning of paragraph (g) of the definition of "producer" in
subsection 4 (1) of the Collection Act;

"grower", in relation to macadamia nuts, means the producer within the
meaning of paragraph (b) of the definition of "producer" in subsection 4 (1)
of the Collection Act;

"in shell", in relation to macadamia nuts, means after dehusking but before
kernel extraction;

"leviable macadamia nuts" means macadamia nuts that are not exempt from levy
under subsection 13 (1) of the Levy Act or subregulation 12 (1);

"levy" means levy imposed on macadamia nuts under the Levy Act;

"Levy Act" means the Horticultural Levy Act 1987;

"levy year", in relation to macadamia nuts, means a period prescribed under
regulation 8;

"macadamia nut" means a nut in shell of the species Macadamia integrifolia or
Macadamia tetraphylla or a hybrid of those species;

"processing", in relation to macadamia nuts, does not include drying,
dehusking or on-farm grading;

"processor", in relation to macadamia nuts, means a processor within the
meaning of paragraph (b) of the definition of "processor" in subsection 4 (1)
of the Collection Act;

"return" means a return lodged under regulation 16;

"return period" means the period:

   (a)  beginning when these Regulations commence and ending at the end of 30
        June 1992; or

   (b)  beginning on 1 January and ending at the end of 30 June in a year; or

   (c)  beginning on 1 July and ending at the end of 31 December in a year;

"sell" includes sell by retail sale.