Primary Industries (Customs) Charges Amendment (Seed Cotton) Regulations 2017 (Cth)

Primary Industries (Customs) Charges Amendment (Seed Cotton) Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 23 March 2017

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Barnaby Joyce

Deputy Prime Minister and Minister for Agriculture and Water Resources

Contents

1Name

This instrument is the Primary Industries (Customs) Charges Amendment (Seed Cotton) Regulations 2017.

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	The day after this instrument is registered.	25 March 2017

Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Primary Industries (Customs) Charges Regulations 2000

1

At the end of Schedule 14

Add:

Part 6—Seed cotton

6.1Definitions for this Part

In this Part:

seed cotton has the same meaning as in clause 12.2 of Part 12 of Schedule 37 to the Collection Regulations.

6.2Charge

1. (1)

   For the purposes of subclause 2(1) of Schedule 14 to the Customs Charges Act, charge is imposed on seed cotton if, on or after the day mentioned in subclause (2), the seed cotton is exported from Australia.

   Note: The charge is attached to the Cotton Research and Development Corporation—see subsection 5(1) of the Primary Industries Research and Development Act 1989 and subregulation 5(1) of the Cotton Research and Development Corporation Regulations 1990.

2. (2)

   The day is:

   1. (a)

      if this Part commences on or before 1 April 2017—1 April 2017; and

   2. (b)

      if this Part commences after 1 April 2017—the first day of the first month after the commencement of this Part.

3. (3)

   For the purposes of clause 5 of Schedule 14 to the Customs Charges Act, the rate of charge is $3.99 per tonne of seed cotton.

   Note: The whole of the charge is the research component of the charge—see subsection 5(3) of the Primary Industries Research and Development Act 1989 and subregulation 5(2) of the Cotton Research and Development Corporation Regulations 1990.

6.3PHA charge

1. (1)

   For the purposes of subclause 2(1) of Schedule 14 to the Customs Charges Act, PHA charge is imposed on seed cotton on which charge is imposed by clause 6.2.

2. (2)

   For the purposes of clause 5 of Schedule 14 to the Customs Charges Act, the rate of PHA charge is $0.07 per tonne of seed cotton.

   Note: In relation to PHA charge, see the Plant Health Australia (Plant Industries) Funding Act 2002.

6.4EPPR charge

1. (1)

   For the purposes of subclause 2(1) of Schedule 14 to the Customs Charges Act, EPPR charge is imposed on seed cotton on which charge is imposed by clause 6.2.

2. (2)

   For the purposes of clause 5 of Schedule 14 to the Customs Charges Act, the rate of EPPR charge on seed cotton is nil.

   Note: In relation to EPPR charge, see the Plant Health Australia (Plant Industries) Funding Act 2002.

6.5Who pays the charge

For the purposes of clause 10 of Schedule 14 to the Customs Charges Act, charge imposed by this Part is payable by the producer of the seed cotton.

6.6When charge is not imposed

Charge is not imposed by this Part on seed cotton if levy under Part 10 of Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999 has already been imposed on the seed cotton.