Primary Industries (Customs) Charges Amendment (Citrus and Farmed Prawns) Regulations 2019 (Cth)

Primary Industries (Customs) Charges Amendment (Citrus and Farmed Prawns) Regulations 2019

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 28 November 2019

David Hurley

Governor‑General

By His Excellency’s Command

Bridget McKenzie

Minister for Agriculture

Contents

1Name

This instrument is the Primary Industries (Customs) Charges Amendment (Citrus and Farmed Prawns) Regulations 2019.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	1 January 2020.	1 January 2020

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Primary Industries (Customs) Charges Act 1999.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Part 1Citrus

Primary Industries (Customs) Charges Regulations 2000

1

Subclause 7.7(2) of Schedule 10

Repeal the subclause, substitute:

1. (2)

   For clause 5 of Schedule 14 to the Customs Charges Act, the rates of EPPR charge on citrus are as follows:

   1. (a)

      for oranges in bulk—$1.05 per tonne of oranges;

   2. (b)

      for oranges not in bulk—2.1 cents per box;

   3. (c)

      for other citrus in bulk—$1.05 per tonne of citrus;

   4. (d)

      for other citrus not in bulk—2.1 cents per box.

Part 2Farmed prawns

Primary Industries (Customs) Charges Regulations 2000

2

Before clause 2.1 of Schedule 14

Insert:

Division 2.1—Definitions

3

Before clause 2.2 of Schedule 14

Insert:

Division 2.2—Product charge

4

Subclause 2.2(2) of Schedule 14

Omit “this Part”, substitute “this Division”.

5

Clause 2.3 of Schedule 14

Omit “the rate of charge is 3.64 cents per kilogram of farmed prawns, weighed before any part of the prawns is removed, exported from Australia”, substitute “the rate of charge imposed by this Division is 3.64 cents per kilogram of farmed prawns exported from Australia, weighed before any part of the prawns is removed”.

6

Clause 2.4 of Schedule 14

Omit “this Part”, substitute “this Division”.

7

Clause 2.4 of Schedule 14 (note)

Repeal the note, substitute:

Note: For the meaning of producer,see subclause 3.4(2) of Schedule 37 to the Collection Regulations and paragraph (g) of the definition of producerin subsection 4(1) of the Collection Act.

8

At the end of Part 2 of Schedule 14

Add:

Division 2.3—Special purpose charges

2.5White spot disease repayment charge

Imposition of charge

1. (1)

   For the purposes of clause 2 of Schedule 14 to the Customs Charges Act, charge is imposed on farmed prawns if, after the commencement of this Division, the prawns are exported from Australia.

2. (2)

   Charge is not imposed by this Division on farmed prawns on which levy under Part 3 of Schedule 27 to the Excise Levies Regulations has previously been imposed or paid.

Rate of charge

1. (3)

   For the purposes of clause 5 of Schedule 14 to the Customs Charges Act, the rate of charge imposed by this Division on farmed prawns is 3.01 cents per kilogram of farmed prawns exported from Australia, weighed before any part of the prawns is removed.

Who pays the charge

1. (4)

   For the purposes of clause 10 of Schedule 14 to the Customs Charges Act, charge imposed by this Division on farmed prawns is payable by the producer of the prawns.

   Note: For the meaning of producer,see subclause 3.4(2) of Schedule 37 to the Collection Regulations and paragraph (g) of the definition of producerin subsection 4(1) of the Collection Act.