National Residue Survey (Excise) Levy Amendment Act 1999 (Cth)

National Residue Survey (Excise) Levy Amendment Act 1999

No. 29, 1999

National Residue Survey (Excise) Levy Amendment Act 1999

No. 29, 1999

An Act to amend the National Residue Survey (Excise) Levy Act 1998, and for related purposes

Contents

National Residue Survey (Excise) Levy Amendment Act 1999

No. 29, 1999

An Act to amend the National Residue Survey (Excise) Levy Act 1998, and for related purposes

[Assented to 14 May 1999]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the National Residue Survey (Excise) Levy Amendment Act 1999.

2Commencement

This Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the National Residue Survey (Excise) Levy Act 1998

1. 1

   Subclause 1(1) of Schedule 1 (definitions of cattle, dairy cattle, licensed dairy farmer and lot‑fed cattle)

   Omit “the Cattle Transactions Levy Act 1997”, substitute “Schedule 3 to the Primary Industries (Excise) Levies Act 1999”.

2

Subparagraph 2(2)(d)(iii) of Schedule 1

Omit “the Beef Production Levy Act 1990”, substitute “Schedule 1 to the Primary Industries (Excise) Levies Act 1999”.

3

Paragraph 3(1)(c) of Schedule 1

Omit “that is not a leviable bobby calf”, substitute “(other than a head of lot‑fed cattle or a leviable bobby calf)”.

4

After paragraph 3(1)(c) of Schedule 1

Insert:

1. (ca)

   32 cents per each head of lot‑fed cattle or, if another rate (not exceeding 35 cents) is prescribed by the regulations, the other rate; and

5

Clause 1 of Schedule 2

Insert:

leviable amount, in relation to a levy year, means:

1. (a)

   $25; or

2. (b)

   if, before the commencement of the levy year, another amount is prescribed in relation to that year, that prescribed amount.

6

After subclause 5(1) of Schedule 2

Insert:

1. (1A)

   If, in a levy year:

   1. (a)

      leviable coarse grain is delivered to a particular person by producers of leviable coarse grain; and

   2. (b)

      apart from this subclause, the total amount of National Residue Survey Levy imposed by this Schedule on the grain would be less than the leviable amount;

National Residue Survey Levy is not imposed by this Schedule on the grain.

7

After subclause 5(2) of Schedule 2

Insert:

1. (2A)

   If, in a levy year:

   1. (a)

      a producer processes leviable coarse grain that the producer has produced; and

   2. (b)

      paragraph (2)(b) does not apply in respect of the grain; and

   3. (c)

      apart from this subclause, the total amount of National Residue Survey Levy imposed by this Schedule on the grain would be less than the leviable amount;

National Residue Survey Levy is not imposed by this Schedule on the grain.

8

Clause 2 of Schedule 3

Omit “and before 1 July 2000” (wherever occurring).

9

Clause 1 of Schedule 4 (definition of dried vine fruits)

Omit “dried currant grapes, dried sultana grapes or dried raisin grapes”, substitute “dried grapes”.

10

Clause 1 of Schedule 6 (paragraph (a) of the definition of leviable amount)

Omit “$50”, substitute “$25”.

11

Paragraph 2(2)(d) of Schedule 7

Omit “or paragraph 4(2)(d) of the”, substitute “, paragraph 2(2)(c) of Schedule 14 to the Primary Industries (Excise) Levies Act 1999 or paragraph 4(2)(d) of the repealed”.

12

Clause 1 of Schedule 9 (definition of horticultural products)

Omit “the Horticultural Levy Act 1987”, substitute “Schedule 15 to the Primary Industries (Excise) Levies Act 1999”.

13

Clause 4 of Schedule 10

Omit “producer of the chickens”, substitute “proprietor of the hatchery where the laying chickens are hatched”.

14

Subclause 1(2) of Schedule 12

Repeal the subclause.

15

Clause 1 of Schedule 13 (paragraph (a) of the definition of leviable amount)

Omit “$50”, substitute “$25”.

16

Subclause 1(1) of Schedule 15 (definitions of lamb, sheep and slaughter)

Omit “the Live‑stock Transactions Levy Act 1997”, substitute “Schedule 18 to the Primary Industries (Excise) Levies Act 1999”.

17

Application of amendments

(1) The amendments of Schedule 1 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to:

1. (a)

   transactions entered into after the commencement of this item by which the ownership of cattle is transferred from one person to another; and

2. (b)

   deliveries of cattle to processors after the commencement of this item; and

3. (c)

   slaughter of cattle after the commencement of this item.

(2) The amendments of Schedule 2 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to leviable coarse grain delivered or processed after the commencement of this item.

(3) The amendments of Schedule 4 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to dried fruits received after the commencement of this item.

(4) The amendments of Schedule 6 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to leviable grain legumes delivered or processed after the commencement of this item.

(5) The amendments of Schedule 9 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to:

1. (a)

   leviable horticultural products sold or used after the commencement of this item; and

2. (b)

   leviable horticultural products presumed to be produced in Australia after the commencement of this item.

(6) The amendments of Schedule 10 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to laying chickens hatched after the commencement of this item.

(7) The amendments of Schedule 12 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to meat chickens hatched after the commencement of this item.

(8) The amendments of Schedule 13 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to leviable oilseeds delivered or processed after the commencement of this item.

(9) The amendments of Schedule 15 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to:

1. (a)

   transactions entered into after the commencement of this item by which the ownership of sheep, lambs or goats is transferred from one person to another; and

2. (b)

   deliveries of sheep, lambs or goats to processors after the commencement of this item; and

3. (c)

   slaughter of sheep, lambs or goats after the commencement of this item.

[Minister’s second reading speech made in—

House of Representatives on 3 December 1998

Senate on 19 April 1999]

(202/98)