Primary Industries (Customs) Charges Amendment Regulations 2000 (No. 1) (Cth)

Primary Industries (Customs) Charges Amendment Regulations 2000 (No. 1)

Statutory Rules 2000 No. 236

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under thePrimary Industries (Customs) Charges Act 1999.

Dated 29 August 2000

WILLIAM DEANE

Governor-General

By His Excellency’s Command

JUDITH TROETH

Parliamentary Secretary to the Minister for Agriculture,

Fisheries and Forestry

Primary Industries (Customs) Charges Amendment Regulations 2000 (No. 1)1

Statutory Rules 2000 No. 2362

made under the

Primary Industries (Customs) Charges Act 1999

Contents

Page

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1Name of Regulations

 These Regulations are the Primary Industries (Customs) Charges Amendment Regulations 2000 (No. 1).

2Commencement

 These Regulations commence, or are taken to have commenced, as follows:

• (a)

  on 1 January 2000 — regulations 1 to 3, and Schedule 1;

• (b)

  on 1 October 2000 — Schedule 2;

• (c)

  on 1 January 2001 — Schedule 3.

3Amendment of Primary Industries (Customs) Charges Regulations 2000

 Schedules 1, 2 and 3 amend the Primary Industries (Customs) Charges Regulations 2000.

Schedule 1Amendments taken to have commenced on 1 January 2000

Do not delete: Schedule Part placeholder

(regulation 3)

[1]Regulation 2

substitute

2Commencement

 These Regulations commence, or are taken to have commenced, as follows:

• (a)

  on 1 January 2000 — regulations 1 to 3, and Parts 1 and 9 of Schedule 10;

• (b)

  on 1 July 2000 — the remainder.

[2]Schedule 10

substitute

Schedule 10Horticultural products

Part 1Definitions

1.1Definitions for Schedule 10

 In this Schedule:

buying agent has the meaning given in subsection 4 (1) of the Collection Act.

charge means charge imposed by Schedule 10 to the Customs Charges Act.

exporting agent has the meaning given in subsection 4 (1) of the Collection Act.

first purchaser has the meaning given in subsection 4 (1) of the Collection Act.

selling agent has the meaning given in subsection 4 (1) of the Collection Act.

Note Parts 2 to 8 intentionally not used.

Part 9Dried vine fruits

9.1Dried vine fruits are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, dried vine fruits are chargeable horticultural products.

9.2Rate of charge — product board

 For subclause 3 (4) of Schedule 10 to the Customs Charges Act, the rate of charge is $7 per tonne of processed dried vine fruits.

Note 1   The product board for dried vine fruits is the Australian Dried Fruits Board — see section 25 of the Australian Horticultural Corporation Amendment Act 1991.

Note 2   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Schedule 2Amendments commencing on 1 October 2000

(regulation 3)

[1]Schedule 10, note following Part 1

omit

[2]Schedule 10, before Part 9

insert

Part 2Almonds

2.1Almonds are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, almonds are chargeable horticultural products.

Note   Clauses 2.2 and 2.3 intentionally not used.

2.4Rates of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the following rates of charge are prescribed:

• (a)

  for almonds, except almonds of the Nonpareil variety, in their shells — 1 cent per kilogram of the almonds and shells;

• (b)

  for almonds of the Nonpareil variety in their shells — 1.5 cents per kilogram of the almonds and shells;

• (c)

  for shelled almonds — 2 cents per kilogram of the almonds.

Note   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

2.5What is the eligible industry body for almonds

 For subclauses 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for almonds is the Australian Almond Growers’ Association Incorporated.

Part 3Apples and pears

3.1Apples and pears are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, apples and pears are chargeable horticultural products.

Note Clause 3.2 intentionally not used.

3.3Rates of charge — Australian Horticultural Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the following rates of charge are prescribed:

• (a)

  for apples — 20 cents per box;

• (b)

  for pears — 22.5 cents per box.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2   Box is defined for apples and pears in clause 3.2 of Part 3 of Schedule 22 to the Collection Regulations.

3.4Rates of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the following rates of charge are prescribed:

• (a)

  for apples — 6.5 cents per box;

• (b)

  for pears — 6 cents per box.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2   Box is defined for apples and pears in clause 3.2 of Part 3 of Schedule 22 to the Collection Regulations.

3.5What is the eligible industry body for apples and pears

 For subclauses 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for apples and pears is the Australian Apple and Pear Growers’ Association.

Part 4Avocados

4.1Avocados are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, avocados are chargeable horticultural products.

Note Clause 4.2 intentionally not used.

4.3Rates of charge — Australian Horticultural Corporation

 For subclause 3 (3) of Schedule 10 to the Customs Charges Act, the following rates of charge are prescribed:

• (a)

  for avocados in bulk — $25 per tonne of avocados;

(b)

for other avocados — 15 cents per standard tray.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2 Avocados in bulk and standard tray are defined for avocados in clause 4.2 of Part 4 of Schedule 22 to the Collection Regulations.

4.4Rates of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the following rates of charge are prescribed:

• (a)

  for avocados in bulk — $13.33 per tonne of avocados;

• (b)

  for other avocados — 8 cents per standard tray.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2 Avocados in bulk and standard tray are defined for avocados in clause 4.2 of Part 4 of Schedule 22 to the Collection Regulations.

4.5What is the eligible industry body for avocados

 For subclauses 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for avocados is the Australian Avocado Growers’ Federation Inc.

Part 5Cherries

5.1Cherries are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, cherries are chargeable horticultural products.

5.2What cherries are exempt from charge

 For paragraph 2 (3) (b) of Schedule 10 to the Customs Charges Act, cherries sold or used in a levy year by a producer for processing are exempt from charge.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2 Clause 5.3 intentionally not used.

5.4Rate of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the rate of charge is $10 per tonne of cherries.

5.5What is the eligible industry body for cherries

 For subclauses 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for cherries is Cherry Growers of Australia Inc.

Part 6Chestnuts

6.1Chestnuts are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, chestnuts are chargeable horticultural products.

Note Clause 6.2 intentionally not used.

6.3Rate of charge — Australian Horticultural Corporation

 For subclause 3 (3) of Schedule 10 to the Customs Charges Act, the rate of charge is $50 per tonne of chestnuts.

Note   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

6.4Rate of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the rate of charge is $50 per tonne of chestnuts.

Note   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

6.5What is the eligible industry body for chestnuts

 For subclauses 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for chestnuts is Chestnut Growers of Australia Limited.

Part 7Citrus

7.1Citrus are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, citrus are chargeable horticultural products.

Note Clause 7.2 intentionally not used.

7.3Rates of charge — Australian Horticultural Corporation

 For subclause 3 (3) of Schedule 10 to the Customs Charges Act, the following rates of charge are prescribed:

• (a)

  for oranges in bulk — 75 cents per tonne of oranges;

• (b)

  for oranges not in bulk — 1.5 cents per box.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2 Box and citrus in bulk are defined for citrus in clause 7.2 of Part 7 of Schedule 22 to the Collection Regulations.

7.4Rates of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the following rates of charge are prescribed:

• (a)

  for oranges in bulk — $2 per tonne of oranges;

• (b)

  for oranges not in bulk — 4 cents per box;

• (c)

  for other citrus in bulk — $2 per tonne of citrus;

• (d)

  for other citrus not in bulk — 4 cents per box.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2 Box and citrus in bulk are defined for citrus in clause 7.2 of Part 7 of Schedule 22 to the Collection Regulations.

7.5What is the eligible industry body for citrus

 For subclauses 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for citrus is Australian Citrus Growers Incorporated.

Part 8Custard apples

8.1Custard apples are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, custard apples are chargeable horticultural products.

8.2What custard apples are exempt from charge

 For paragraph 2 (3) (b) of Schedule 10 to the Customs Charges Act, the following subclasses of custard apples are exempt from charge:

• (a)

  custard apples that a producer uses for processing;

• (b)

  custard apples that a producer sells directly to a processor for processing;

• (c)

  custard apples that a producer sells by retail sale.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2 Clause 8.3 intentionally not used.

8.4Rates of charge — Horticultural Research and Development Corporation

For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the following rates of charge are prescribed:

• (a)

  for custard apples packed in standard trays — 20 cents per standard tray;

• (b)

  for custard apples packed in standard boxes — 20 cents per standard box;

• (c)

  for bulk custard apples — $25 per tonne of custard apples.

Note  Bulk custard apples, standard box and standard tray are defined for custard apples in clause 8.2 of Part 8 of Schedule 22 to the Collection Regulations.

8.5What is the eligible industry body for custard apples

 For subclauses 5 (6), (7) and (9) of the Customs Charges Act, the eligible industry body for custard apples is the Australian Custard Apple Growers Association Inc.

[3]Schedule 10, after Part 9

insert

Part 10Macadamia nuts

10.1Macadamia nuts are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, macadamia nuts are chargeable horticultural products.

10.2What macadamia nuts are exempt from charge

 For subclause 2 (3) of Schedule 10 to the Customs Charges Act, the following macadamia nuts are exempt from charge in a levy year:

• (a)

  macadamia nuts exported by a person who deals with, in the levy year, less than 1.5 tonnes of macadamia nuts;

• (b)

  for a producer who grows and deals with, in the 2000 levy year, an aggregate consigned mass of macadamia nuts that is more than 1668 tonnes — the macadamia nuts that are more than 1668 tonnes.

Note 1   Paragraph (g) of the definition of producer in subsection 4 (1) of the Collection Act provides that, for chargeable horticultural products on which charge is imposed, producer means the person who exports the product from Australia.

Note 2   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 3 Consigned mass is defined for macadamia nuts in clause 10.2 of Part 10 of Schedule 22 to the Collection Regulations.

10.3Rate of charge — Australian Horticultural Corporation

 For subclause 3 (3) of Schedule 10 to the Customs Charges Act, the rate of charge is $45 per tonne of consigned mass of macadamia nuts.

Note Consigned mass is defined for macadamia nuts in clause 10.2 of Part 10 of Schedule 22 to the Collection Regulations.

10.4Rate of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the rate of charge is $23 per tonne of consigned mass of macadamia nuts.

Note 1   For the rate of NRS customs levy on macadamia nuts, see regulation 154 of the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998. NRS customs levy is imposed under Schedule 4 to the National Residue Survey (Customs) Levy Act 1998.

Note 2 Consigned mass is defined for macadamia nuts in clause 10.2 of Part 10 of Schedule 22 to the Collection Regulations.

10.5What is the eligible industry body for macadamia nuts

 For subclauses 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for macadamia nuts is the Australian Macadamia Society Limited.

Part 11Nashi

11.1Nashi are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, nashi are chargeable horticultural products.

Note   Clauses 11.2 and 11.3 intentionally not used.

11.4Rate of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the rate of charge is 10 cents per tray.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2 Tray is defined for nashi in clause 11.2 of Part 11 of Schedule 22 to the Collection Regulations.

11.5What is the eligible industry body for nashi

 For subclauses 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for nashi is the Australian Nashi Growers Association Limited.

Part 12Nursery products

Note Part 12 will deal withnursery products. At present, charge is not imposed on nursery products.

Part 13Passionfruit

13.1Passionfruit are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, passionfruit are chargeable horticultural products.

Note   Clauses 13.2 and 13.3 intentionally not used.

13.4Rates of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the following rates of charge are prescribed:

• (a)

  for fresh passionfruit:

  • (i)

    packed in cartons — 15 cents per carton; and

  • (ii)

    not packed in cartons — 15 cents per 8 kilograms of passionfruit;

• (b)

  for processing passionfruit — $10 per tonne of passionfruit.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2 Carton is defined for passionfruit in clause 13.2 of Part 13 of Schedule 22 to the Collection Regulations.

13.5What is the eligible industry body for passionfruit

  For subclauses 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for passionfruit is the Australian Passionfruit Industry Association Incorporated.

Part 14Potatoes

14.1Unprocessed potatoes are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, unprocessed potatoes are chargeable horticultural products.

14.2What potatoes are exempt from charge

 For subclause 2 (3) of Schedule 10 to the Customs Charges Act, export potatoes exported by an exporter are exempt from charge in a levy year if the total quantity of the potatoes exported in the levy year does not exceed 100 tonnes.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2   Clause 14.3 intentionally not used.

14.4Rate of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the rate of charge is 50 cents per tonne of unprocessed potatoes.

14.5What is the eligible industry body for potatoes

 For subclauses 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for unprocessed potatoes is the Australian Vegetable and Potato Growers’ Federation Inc. — Potato Group.

Part 15Stone fruit

15.1Stone fruit are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, stone fruit are chargeable horticultural products.

Note Clause 15.2 intentionally not used.

15.3Rates of charge — Australian Horticultural Corporation

 For subclause 3 (3) to Schedule 10 to the Customs Charges Act, the following rates of charge are prescribed:

• (a)

  for stone fruit packed in standard trays — 3 cents per standard tray;

• (b)

  for stone fruit packed in standard boxes — 6 cents per standard box;

• (c)

  for bulk stone fruit of more than 10 kilograms — $6 per tonne of stone fruit.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2 Bulk stone fruit, standard box and standard tray are defined for stone fruit in clause 15.2 of Part 15 of Schedule 22 to the Collection Regulations.

15.4Rates of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) to Schedule 10 to the Customs Charges Act, the following rates of charge are prescribed:

• (a)

  for stone fruit packed in standard trays — 2 cents per standard tray;

• (b)

  for stone fruit packed in standard boxes — 4 cents per standard box;

• (c)

  for bulk stone fruit of more than 10 kilograms — $4 per tonne of stone fruit.

Note 1   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

Note 2 Bulk stone fruit, standard box and standard tray are defined for stone fruit in clause 15.2 of Part 15 of Schedule 22 to the Collection Regulations.

15.5What is the eligible industry body for stone fruit

 For subclauses 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for stone fruit is the Australian Fresh Stone Fruit Growers Association Inc.

Part 16Strawberries

Note Part 16 will deal withstrawberries. At present, there is no charge imposed on strawberries.

Part 17Vegetables

17.1Application

 This Part applies to vegetables, except:

• (a)

  asparagus; or

• (b)

  garlic; or

• (c)

  hard onions; or

• (d)

  herbs (other than fresh culinary shallots and parsley); or

• (e)

  melons; or

• (f)

  mushrooms; or

• (g)

  potatoes (other than sweet potatoes); or

• (h)

  seed sprouts; or

• (i)

  tomatoes; or

(j)

vegetables of a kind for which a rate of charge for subclause 3 (5) of Schedule 10 to the Customs Charges Act is applicable, other than the rates of charge fixed by this Part.

Note 1   For potatoes, see Part 14 of this Schedule and Division 2 of Part 11 of the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998.

Note 2   For NRS levy on hard onions, see Schedule 4 to the National Residue Survey (Customs) Levy Act 1998, Schedule 9 to the National Residue Survey (Excise) Levy Act 1998 and

Division 2 of Part 11 of the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998.

17.2Vegetables are chargeable horticultural products

 For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, vegetables to which this Part applies are chargeable horticultural products.

Note   Clauses 17.3 and 17.4 intentionally not used.

17.5Rate of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the rate of charge for vegetables to which this Part applies is 0.5% of the free on board value of the vegetables immediately before export.

Note   Subclause 2 (2) of Schedule 10 to the Customs Charges Act provides that charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

17.6What is the eligible industry body for vegetables

 For subclauses 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for vegetables to which this Part applies is the Australian Vegetable and Potato Growers’ Federation Inc. — Vegetable Group.

[4]Schedule 13

substitute

Schedule 13Wine

1What wine is exempt from charge

 For paragraph 2 (2) (a) of Schedule 13 to the Customs Charges Act, wine that is declared to be a small quantity of wine for the definition of small quantities in subsection 40J (1) of the Australian Wine and Brandy Corporation Act 1980 is exempt from charge.

Note See regulation 12 of the Australian Wine and Brandy Corporation Regulations for wine that is declared to be a small quantity of wine.

2Rate of charge

 For subclause 3 (1) of Schedule 13 to the Customs Charges Act, the rate of charge for wine exported in a levy year is:

• (a)

  if the free on board sales value of the wine is not more than $10 000 000 — 0.2% of the value of the wine; or

• (b)

  if the free on board sales value of the wine is more than $10 000 000 but not more than $50 000 000 — the sum of:

  • (i)

    0.1% of the difference between the value of the wine and $10 000 000; and

  • (ii)

    $20 000; or

• (c)

  if the free on board sales value of the wine is more than $50 000 000 — the sum of:

  • (i)

    0.05% of the difference between the value of the wine and $50 000 000; and

  • (ii)

    $60 000.

Schedule 3Amendments commencing on 1 January 2001

(regulation 3)

[1]Schedule 10, Part 8, clause 8.2, note 2

omit

[2]Schedule 10, Part 8, after clause 8.2

insert

8.3Rates of charge — Australian Horticultural Corporation

For subclause 3 (3) of Schedule 10 to the Customs Charges Act, the following rates of charge are prescribed:

• (a)

  for custard apples packed in standard trays — 20 cents per standard tray;

• (b)

  for custard apples packed in standard boxes — 20 cents per standard box;

• (c)

  for bulk custard apples — $25 per tonne of custard apples.

Note  Bulk custard apples, standard box and standard tray are defined for custard apples in clause 8.2 of Part 8 of Schedule 22 to the Collection Regulations.

Notes

1. These Regulations amend Statutory Rules 2000 No. 131.

2. Made by the Governor-General on 29 August 2000, and notified in the Commonwealth of Australia Gazette on 30 August 2000.