Forest Industries Research Import Charge Act 1993 (Cth)

Forest Industries Research Import Charge Act 1993

Act No. 90 of 1993 as amended

Consolidated as in force on 25 November 1999

(includes amendments up to Act No. 32 of 1999)

[Note: This Act is repealed by No. 32 of 1999]

Prepared by the Office of Legislative Drafting

Attorney‑General’s Department, Canberra

Contents

An Act to impose a charge on forest and wood products imported into Australia

1Short title [see Note 1]

This Act may be cited as the Forest Industries Research Import Charge Act 1993.

2Commencement

This Act commences on 1 January 1994.

3Definitions

1. (1)

   In this Act, unless the contrary intention appears:

forest products means:

1. (a)

   logs; or

2. (b)

   such other products as are described in Chapter 44 of Schedule 3 to the Customs Tariff Act 1995 and prescribed by the regulations.

industry body means an industry body declared under section 7 of the Primary Industries and Energy Research and Development Act 1989 to be a representative organisation in relation to an R&D Corporation established under section 8 of that Act in respect of forest industries.

Levy Act means the Forest Industries Research Levy Act 1993.

logs has the same meaning as in the Levy Act.

mill has the same meaning as in the Levy Act.

1. (2)

   Unless the contrary intention appears, a word or expression contained in this Act that is not defined in this Act, but is defined in the Primary Industries Levies and Charges Collection Act 1991 has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

4Act to bind the Crown

This Act binds the Crown in each of its capacities.

5Imposition of charge

Charge is imposed on forest products imported into Australia.

6Rate of charge

1. (1)

   The rate of charge is:

   1. (a)

      if the forest products are logs—the rate of levy (if any) that would have been payable under the Levy Act if the logs had been produced in Australia and delivered to a mill in Australia; or

   2. (b)

      otherwise—a rate worked out by multiplying:

   3. (i)

      the rate of levy (if any) that would have been payable under the Levy Act in respect of logs of the same class that were used to produce the forest products if the logs had been produced in Australia and delivered to a mill in Australia; and

   4. (ii)

      the conversion factor determined by the Minister to apply to forest products of the class in question.

2. (2)

   The Minister may determine in writing, for a class of forest products, a conversion factor that, in the Minister’s opinion, reasonably approximates (but does not exceed) the average proportionality between:

   1. (a)

      volumes of logs that are used, in accordance with normal wood processing practices in Australia, to produce such volumes of those forest products; and

   2. (b)

      volumes of forest products in that class.

3. (3)

   Before making a determination, the Minister must take into consideration any relevant recommendation made to him or her by an industry body.

4. (4)

   Such determinations are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.

5. (5)

   The regulations may provide that the charge is not payable if the amount to be collected is less than an amount specified in the regulations.

7By whom is charge payable?

Charge is payable by the importer of the forest products.

8Exemption from charge

The regulations may exempt from charge a specified class of forest products.

9Regulations

1. (1)

   The Governor‑General may make regulations prescribing matters required or permitted by this Act to be prescribed.

2. (2)

   Before making a regulation, the Governor‑General is to take into consideration any relevant recommendation made to the Minister by an industry body.

Notes to theForest Industries Research Import Charge Act 1993

Note 1

The Forest Industries Research Import Charge Act 1993 as shown in this consolidation comprises Act No. 90, 1993 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Forest Industries Research Import Charge Act 1993	90, 1993	30 Nov 1993	1 Jan 1994
Customs Tariff (Miscellaneous Amendments) Act 1996	15, 1996	24 June 1996	1 July 1996 (a)	—
Primary Industries Levies and Charges (Consequential Amendments) Act 1999	32, 1999	14 May 1999	Schedule 1 (items 33, 34): 1 July 1999 (see s. 2(1))	Sch. 1 (item 34)

(a) 2. This Act commences on 1 July 1996 immediately after the commencement of the Customs Tariff Act 1995.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3...........................................	am. No. 15, 1996