Primary Industries (Customs) Charges Amendment Regulations 2007 (No. 9) (Cth)

Primary Industries (Customs) Charges Amendment Regulations 2007 (No. 9)¹

Select Legislative Instrument 2007 No. 282

I, PHILIP MICHAEL JEFFERY, Governor‑General 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 26 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

SUSSAN LEY

Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

Name of Regulations

These Regulations are the Primary Industries (Customs) Charges Amendment Regulations 2007 (No. 9).

Commencement

These Regulations commence on 1 November 2007.

Amendment of Primary Industries (Customs) Charges Regulations 2000

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

Schedule 1 Amendment

(regulation 3)

[1] Schedule 10, clauses 10.2, 10.3 and 10.4

substitute

10.2What macadamia nuts are exempt from charge

For paragraph 2 (3) (a) of Schedule 10 to the Customs Charges Act, macadamia nuts exported by a person in a levy year are exempt from charge if the total amount of charge and levy that the person would be liable to pay on the macadamia nuts in the levy year is less than $120.

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horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act, or by the repealed Horticultural Levy Act 1987, on those products.

10.3Rate of charge — marketing component

For subclause 3 (3) of Schedule 10 to the Customs Charges Act, the rate of charge is 17.33 cents per kilogram of dried kernels of macadamia nut.

Note Dried kernel is defined for macadamia nuts in clause 10.2 of Schedule 22 to the Collection Regulations.

10.4Rate of charge — research and development component

For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the rate of charge is 7.25 cents per kilogram of dried kernels of macadamia nut.

Note For the operative 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

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