Primary Industries (Customs) Charges Amendment (Tea Tree Oil) Regulations 2017 (Cth)

Primary Industries (Customs) Charges Amendment (Tea Tree Oil) 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 18 May 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 (Tea Tree Oil) 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	1 July 2017.	1 July 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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

In the appropriate position in Schedule 14

Insert:

Part 7—Tea tree oil

7.1Definitions

In this Part:

tea tree oil has the same meaning as in clause 13.2 of Part 13 of Schedule 37 to the Collection Regulations.

7.2Imposition and rate of charge

1. (1)

   For the purposes of subclause 2(1) of Schedule 14 to the Customs Charges Act, charge is imposed on tea tree oil if, on or after the commencement of this Part, the tea tree oil is exported from Australia.

Note: The charge is attached to the Rural Industries Research and Development Corporation—see section 5 of the Primary Industries Research and Development Act 1989 and subregulation 47(1) of the Rural Industries Research and Development Corporation Regulations 2000.

1. (2)

   For the purposes of clause 5 of Schedule 14 to the Customs Charges Act, the rate of charge imposed by subclause (1) of this clause is 25 cents per kilogram of tea tree oil.

Note: The whole of the charge is the research component of the levy—see subsection 5(3) of the Primary Industries Research and Development Act 1989 and subregulation 47(2) of the Rural Industries Research and Development Corporation Regulations 2000.

7.3Imposition and rate of EPPR charge

1. (1)

   For the purposes of subclause 2(1) of Schedule 14 to the Customs Charges Act, EPPR charge is imposed on tea tree oil on which charge is imposed by subclause 7.2(1) of this Part.

2. (2)

   For the purposes of clause 5 of Schedule 14 to the Customs Charges Act, the rate of EPPR charge imposed by subclause (1) of this clause is nil.

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

7.4Who pays charge imposed by this Part

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 tea tree oil.

7.5Exemption from charge imposed by this Part

For the purposes of clause 11 of Schedule 14 to the Customs Charges Act, tea tree oil is exempt from charge imposed by this Part if levy under Part 11 of Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999 has already been imposed on the tea tree oil.