Primary Industries (Customs) Charges (Macadamia Nut) Regulations 1999 (Cth)

Primary Industries (Customs) Charges (Macadamia Nut) Regulations 1999

Statutory Rules 1999 No. 266 as amended

made under the

Primary Industries (Customs) Charges Act 1999

This compilation was prepared on 23 February 2000

taking into account amendments up to SR 2000 No. 3

Prepared by the Office of Legislative Drafting

Attorney-General’s Department, Canberra

Primary Industries (Customs) Charges (Macadamia Nut) Regulations 1999

Statutory Rules 1999 No. 266 as amended

made under the

Primary Industries (Customs) Charges Act 1999

   

Contents

Page

• •
• •
• •
• •
• •
• •
• •
• •

         

1Name of Regulations[see Note 1]

 These Regulations are the Primary Industries (Customs) Charges (Macadamia Nut) Regulations 1999.

2Commencement

 These Regulations commence on 1 January 2000.

3Definitions

 In these Regulations:

charge means charge imposed on macadamia nuts under Schedule 10 to the Customs Charges Act.

consigned mass, for macadamia nuts, means:

• (a)

  the mass of the macadamia nuts, at 10% moisture content; or

• (b)

  if the moisture content of the nuts has not been determined when dealing with the nuts — the mass of the macadamia nuts at the moisture content agreed by the parties to the dealing in the nuts.

Customs Charges Act means the Primary Industries (Customs) Charges Act 1999.

macadamia nut means a nut in shell of the species Macadamia integrifolia or Macadamia tetraphylla or a hybrid of those species.

processing does not include drying, dehusking or on-farm grading.

Note   Many of the terms used in these Regulations are defined in the Primary Industries Levies and Charges Collection Act 1991 or the Customs Charges Act.

4Incorporation of Primary Industries Levies and Charges Collection Regulations

These Regulations are incorporated, and must be read as one, with the Primary Industries Levies and Charges Collection Regulations.

5Macadamia 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 prescribed.

6Exemption 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)

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

• (b)

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

Item	Levy year	Mass (tonne)
1	1996	805
2	1997	965
3	1998	1158
4	1999	1390
5	2000	1668

Note   Macadamia nuts are prescribed for para (g) of the definition of producer in subs 4 (1) of the Collection Act — see the Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations 1992, r 9. That paragraph provides that, for a product that is prescribed for that paragraph, producer means the person who exports the product from Australia.

7Rate of charge — Australian Horticultural Corporation

 For subclause 3 (3) of Schedule 10 to the Customs Charges Act, the rate of charge is 3.5 cents per kilogram of consigned mass of macadamia nuts.

8Rate of charge — Horticultural Research and Development Corporation

 For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the rate of charge is 3.3 cents per kilogram of consigned mass of macadamia nuts.

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

9Eligible industry body

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

Notes to the Primary Industries (Customs) Charges (Macadamia Nut) Regulations 1999

Note 1

The Primary Industries (Customs) Charges (Macadamia Nut) Regulations 1999 (in force under the Primary Industries (Customs) Charges Act 1999) as shown in this compilation comprise Statutory Rules 1999  No. 266 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1999 No. 266	17 Nov 1999	1 Jan 2000
2000 No. 3	23 Feb 2000	23 Feb 2000	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 6..........................................	am. 2000 No. 3