[1] Regulation 154

*substitute *

154 Rate of NRS customs levy

For subclause 5 (1) of Schedule 4 to the NRS Customs Levy Act the rate of
NRS customs levy on macadamia nuts is:

- (a)
- for macadamia nuts in shell — 0.2 cents per kilogram of consigned mass exported;

*Note Consigned mass *and

(b) for dried kernels of macadamia nut — 0.63 cents per kilogram of dried kernel exported.

*Note 1 *That rate is the operative rate. Subclause 5 (2) of Schedule 4 to
the NRS Customs Levy Act is as follows:

`(2) If the Australian Statistician has published an average annual unit gross value in relation to a class of eligible horticultural products for the first 3 of the 4 immediately preceding financial years, the rate of National Residue Survey Levy imposed by this Schedule in the current financial year in relation to products in that class must not exceed 2% of the average of those values.'.

Dried kernel

*Note 3 *The rate for dried kernels is determined by the
formula:

Rate for dried kernels = 7.8 cents / (MCR x TKRR); where the moisture conversion rate (MCR) = .93264 and the total kernel recovery rate (TKRR) = .3403.

The moisture conversion rate is the fraction:

and the total kernel recovery rate is the average industry recovery rate for three seasons, both rates as determined by the Australian Macadamia Society Limited.

[2] Regulation 155

*substitute *

155 Rate of NRS excise levy

For subclause 9 (1) of Schedule 9 to the NRS Excise Levy Act the rate of
NRS excise levy on macadamia nuts is:

- (a)
- for macadamia nuts in shell — 0.2 cents per kilogram of consigned mass;

*Note Consigned mass *and

(b) for dried kernels of macadamia nut — 0.63 cents per kilogram of dried kernel.

*Note 1 *That rate is the operative rate. Subclause 9 (2) of Schedule 9 to
the NRS Excise Levy Act is as follows:

`(2) If the Australian Statistician has published an average annual unit gross value in relation to a class of eligible horticultural products for the first 3 of the 4 immediately preceding financial years, the rate of National Residue Survey Levy imposed by this Schedule in the current financial year in relation to products in that class must not exceed 2% of the average of those values.'.

Dried kernel

*Note 3 *The rate for dried kernels is determined by the
formula:

Rate for dried kernels = 7.8 cents / (MCR x TKRR); where the moisture conversion rate (MCR) = .93264 and the total kernel recovery rate (TKRR) = .3403.

The moisture conversion rate is the fraction:

and the total kernel recovery rate is the average industry recovery rate for three seasons, both rates as determined by the Australian Macadamia Society Limited.