Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 7) (Cth)

Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 7)1

Statutory Rules 2003 No. 1412

I, GUY STEPHEN MONTAGUE GREEN, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Primary Industries (Customs) Charges Act 1999.

Dated 25 June 2003

G. S. M. GREEN

Administrator

By His Excellency’s Command

JUDITH TROETH

Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

1Name of Regulations

These Regulations are the Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 7).

2Commencement

These Regulations commence on 1 July 2003.

3Amendment of Primary Industries (Customs) Charges Regulations 2000

Schedule 1 amends the Primary Industries (Customs) Charges Regulations 2000.

Schedule 1Amendment

(regulation 3)

  

[1]Schedule 14, after Part 2

insert

Part 3Bees

3.1Definitions for Part 3

In this Part:

bee has the meaning given by clause 5.1 of Schedule 27 to the Excise Levies Regulations.

queen bee has the meaning given by clause 5.1 of Schedule 27 to the Excise Levies Regulations.

3.2Imposition of charge

For subclause 2 (1) of Schedule 14 to the Customs Charges Act, charge is imposed on queen bees produced in Australia if, after the commencement of this Part, the queen bees are exported from Australia.

3.3Rate of charge — research and development component

1. (1)

   For clause 5 of Schedule 14 to the Customs Charges Act, the rate of charge is:

   1. (a)

      for queen bees sold for $20 or less — 0.5% of the free on board value of the queen bee immediately before export; or

   2. (b)

      in any other case — 10 cents for each queen bee sold and exported from Australia.

2. (2)

   For subclause (1), if a queen bee is sold as part of a transaction and the price for the queen bee is not separately determined, the queen bee is taken to have been sold for $9.

3.4Who pays the charge

For clause 10 of Schedule 14 to the Customs Charges Act, charge imposed by this Part on queen bees is payable by the producer of the bees.

Note Producer is defined for queen bees in clause 5.4 of Schedule 37 to the Collection Regulations.

3.5What queen bees are exempt from charge

For clause 11 of Schedule 14 to the Customs Charges Act, queen bees are exempt from charge in a levy year if:

1. (a)

   the producer has paid levy imposed by Part 5 of Schedule 27 to the Excise Levies Regulations on the queen bees; or

2. (b)

   the total amount of levy and charge on queen bees that the producer of the queen bees would be liable to pay in the levy year is less than $50.

Notes

1. These Regulations amend Statutory Rules 2000 No. 131, as amended by 2000 Nos. 236 and 344; 2001 Nos. 5, 94, 108, 112, 216 and 233; 2002 Nos. 106, 154, 191, 286, 289 and 293; 2003 Nos. 2, 10, 13, 27, 79 and 138.

2. Notified in the Commonwealth of Australia Gazette