Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 4) (Cth)

Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 4)1

Statutory Rules 2001 No. 1092

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Primary Industries (Excise) Levies Act 1999.

Dated 30 May 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

JUDITH TROETH

Parliamentary Secretary to the Minister for Agriculture,

Fisheries and Forestry

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1Name of Regulations

 These Regulations are the Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 4).

2Commencement

 These Regulations commence on 1 July 2001.

3Amendment of Primary Industries (Excise) Levies Regulations 1999

Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999.

Schedule 1Amendments

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(regulation 3)

[1]Reader’s guide, paragraph 5

substitute

5. These Regulations are made up of preliminary provisions and 27 Schedules. The preliminary provisions contain general matters and definitions. Schedules 1 to 26 each prescribe details for a commodity or class of commodities. Each of Schedules 1 to 26 to these Regulations contains references to the corresponding Schedule to the Excise Levies Act. 

5A. Schedule 27 to these Regulations imposes levy on kangaroos and on wool, sets the rates of levy and provides for who is liable to pay the levy.

[2]Reader’s guide, paragraphs 9, 10 and 11

substitute

9. The Primary Industries (Customs) Charges Regulations 2000 (the Customs Charges Regulations) sets out the rates of charges and other details that are necessary for the administration of the charges. The Customs Charges Regulations are arranged in a similar way to these Regulations: they have preliminary provisions followed by 14 Schedules. Each of Schedules 1 to 13 prescribe details for a commodity or class of commodities. The Schedule number for a commodity or class of commodities in Schedules 1 to 13 of the Customs Charges Regulations is the same as the Schedule number for that commodity or class of commodities in the Customs Charges Act.

9A. Schedule 14 to the Customs Charges Regulations imposes charge on wool, sets the rate of charge and provides for who is liable to pay the charge.

10. The Act that sets out the basic reporting and levy and charge collection arrangements for primary products is the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act). The collection and reporting details for each of the commodities contained in the Excise Levies Act and Customs Charges Act, and in Schedule 27 to the Excise Levies Regulations and Schedule 14 to the Customs Charges Regulations, are set out in the Primary Industries Levies and Charges Collection Regulations 1991 (the Collection Regulations).

11. The Collection Regulations are divided into preliminary provisions and 37 Schedules. Schedule 1 is the form of a warrant. Schedules 2 to 37 contain the reporting and collection details for commodities contained in the Customs Charges Regulations and Excise Levies Regulations, listed in alphabetical order.

[3]Schedule 5, note

substitute

Note Schedule 5 will deal withcotton. For the current levy details for cotton, see Schedule 5 to the Excise Levies Act.

[4]Schedule 6, after clause 2

insert

Note For the operative rate of NRS excise levy on relevant dairy produce, see clause 2 of Schedule 3 to the National Residue Survey (Excise) Levy Act 1998.

[5]Schedules 7 and 8

substitute

Schedule 7Deer slaughter

(regulation 5)

1Cold dressed carcase weight

 For the definition of cold dressed carcase weight inclause 1 of Schedule 7 to the Excise Levies Act, the weight of the dressed carcase of a slaughtered deer is determined by weighing the carcase 2 hours or more after its slaughter.

2Dressed carcase

 For the definition of dressed carcase in clause 1 of Schedule 7 to the Excise Levies Act, the dressed carcase of a slaughtered deer means the body of the deer after:

1. (a)

   bleeding; and

2. (b)

   skinning; and

3. (c)

   the removal of the internal digestive, respiratory, excretory, reproductive and circulatory organs; and

4. (d)

   minimum trimming (as required by the appropriate inspecting authority under any law of the Commonwealth, or of a State or Territory) for the carcase to be passed as being fit for human consumption; and

5. (e)

   the removal of:

   1. (i)

      the head (severed between the occipital bone and the first cervical vertebra); and

   2. (ii)

      the feet (severed between the knee joint (carpus and metacarpus) and the hock joint (tarsus and metatarsus)); and

   3. (iii)

      so much of the tail as is longer than 5 coccygeal vertebrae; and

   4. (iv)

      the thick skirt (by separating the connective tissue as close to the bodies of the lumbar vertebrae as possible); and

   5. (v)

      the kidney, the kidney knob and the pelvic channel fat; and

   6. (vi)

      in the case of a doe — the udder, or the udder and the cod fat; and

   7. (vii)

      in the case of a stag — the penis and testes.

3Hot dressed carcase weight

 For the definition of hot dressed carcase weight inclause 1 of Schedule 7 to the Excise Levies Act, the weight of the dressed carcase of a slaughtered deer is determined by weighing the carcase within 2 hours after its slaughter.

4Prescribed amount

 For paragraph (a) of the definition of prescribed amount in subclause 3 (4) of Schedule 7 to the Excise Levies Act, 15 cents is specified.

Schedule 8Deer velvet

(regulation 5)

Note Schedule 8 will deal withdeer velvet. For the current levy details for deervelvet, see Schedule 8 to the Excise Levies Act.

[6]Schedule 11

substitute

Schedule 11Goat fibre

(regulation 5)

Note Schedule 11 will deal withgoat fibre. For the current levy details for goat fibre, see Schedule 11 to the Excise Levies Act.

[7]Schedule 22

substitute

Schedule 22Pig slaughter

(regulation 5)

1Amounts of levy

1. (1)

   For paragraph 3 (a) of Schedule 22 to the Excise Levies Act, the amount is 70 cents per pig slaughtered.

2. (2)

   For paragraph 3 (b) of Schedule 22 to the Excise Levies Act, the amount is $1.65 per pig slaughtered.

Note 1   Paragraph (3) (a) of Schedule 22 to the Excise Levies Act identifies amounts that, under the Pig Industry Act 2001, are destined for the industry services body for research purposes.

Note 2   Paragraph (3) (b) identifies amounts that, under the Pig Industry Act 2001, are destined for the industry services body for marketing purposes.

Note 3   Paragraph 3 (c) provides that an amount per pig slaughtered may be prescribed by the regulations. Under the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996 any such amounts are destined for the Australian Animal Health Council. However, no amount is currently set for the paragraph.

Notes

1. These Regulations amend Statutory Rules 1999 No. 302, as amended by 2000 Nos. 132, 176, 237 (as amended by 2000 No. 265), 265, 320 and 345; 2001 Nos. 6, 61 and 95.

2. Notified in the Commonwealth of Australia Gazette