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PRIMARY INDUSTRIES LEVIES AND CHARGES(NATIONAL RESIDUE SURVEY LEVIES) AMENDMENT REGULATIONS 2002 (NO. 2) 2002 NO. 292 - SCHEDULE 1

Amendments

(regulation 3)

[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 in shell are defined for macadamia nuts in clause 10.2 of Schedule 22 to the Collection Regulations.

(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.'.
Note 2
Dried kernel
is defined for macadamia nuts in clause 10.2 of Schedule 22 to the Collection Regulations.

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 in shell are defined for macadamia nuts in clause 10.2 of Schedule 22 to the Collection Regulations.

(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.'.
Note 2
Dried kernel
is defined for macadamia nuts in clause 10.2 of Schedule 22 to the Collection Regulations.

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.



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