Primary Industries (Excise) Levies Amendment (Melons) Regulation 2016 (Cth)

Primary Industries (Excise) Levies Amendment (Melons) Regulation 2016

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 regulation.

Dated 24 November 2016

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Barnaby Joyce

Deputy Prime Minister and Minister for Agriculture and Water Resources

Contents

1Name

This is the Primary Industries (Excise) Levies Amendment (Melons) Regulation 2016.

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 January 2017.	1 January 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Note: This table relates only to the provisions of this instrument as originally made.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 (Excise) Levies 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 (Excise) Levies Regulations 1999

1

At the end of Schedule 15

Add:

Part 31—Melons

Division 31.1—Product levy

31.1Melons are leviable horticultural products

For the purposes of the definition of leviable horticultural products in clause 1 of Schedule 15 to the Excise Levies Act, melons are prescribed.

Note: For melon, see clause 31.1 of Schedule 22 to the Collection Regulations.

31.2Melons that are exempt from levy

For the purposes of paragraph 2(4)(b) of Schedule 15 to the Excise Levies Act, melons sold by retail sale in a levy year by a producer who sells a total of less than 20 tonnes of melons by retail sale in the year are exempt from levy.

Note 1: For levy year for melons, see clause 31.2 of Schedule 22 to the Collection Regulations.

Note 2: For retail sale of melons, see clause 31.1 of Schedule 22 to the Collection Regulations.

31.3Rate of levy—research and development component

For the purposes of subclause 4(3) of Schedule 15 to the Excise Levies Act, the rate of levy is 0.3 of a cent per kilogram of melons.

31.4What is the eligible industry body for melons

For the purposes of subclauses 6(7), (8) and (10) of Schedule 15 to the Excise Levies Act, the Australian Melon Association Incorporated (ABN 36 990 325 012) is the eligible industry body for melons.

Division 31.2—Special purpose levies

31.5PHA levy

1. (1)

   For the purposes of clause 2 of Schedule 27 to the Excise Levies Act, PHA levy is imposed on melons on which levy is imposed by Schedule 15 to that Act.

2. (2)

   For the purposes of clause 6 of Schedule 27 to the Excise Levies Act, the rate of PHA levy on melons is 0.1 of a cent per kilogram of melons.

3. (3)

   For the purposes of clause 11 of Schedule 27 to the Excise Levies Act, PHA levy on melons is payable by the producer of the melons.

Note: The Plant Health Australia (Plant Industries) Funding Act 2002 deals with some of the effects of payment and collection of PHA levy.

31.6EPPR levy

1. (1)

   For the purposes of clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on melons on which levy is imposed by Schedule 15 to that Act.

2. (2)

   For the purposes of clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on melons is nil.

3. (3)

   For the purposes of clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on melons is payable by the producer of the melons.

Note: The Plant Health Australia (Plant Industries) Funding Act 2002 deals with some of the effects of payment and collection of EPPR levy.