Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 11) (Cth)

Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 11)1

Statutory Rules 2003 No. 2162

I, PHILIP MICHAEL JEFFERY, 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 27 August 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JUDITH TROETH

Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

Contents

1Name of Regulations

These Regulations are the Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 11).

2Commencement

These Regulations commence as follows:

1. (a)

   on 1 September 2003 — regulations 1 to 3 and Schedule 1;

2. (b)

   on 1 September 2006 — Schedule 2.

3Amendment of Primary Industries (Excise) Levies Regulations 1999

Schedules 1 and 2 amend the Primary Industries (Excise) Levies Regulations 1999.

Schedule 1Amendment commencing on 1 September 2003

(regulation 3)

  

[1]Schedule 27, after Part 6

insert

Part 7Ratites (ostriches)

7.1Imposition of levy

1. (1)

   Levy is imposed on the slaughter at an abattoir of ostriches intended for human consumption.

2. (2)

   However, levy imposed by subclause (1) is not payable in relation to an ostrich whose carcase is, under a law of the Commonwealth, a State or Territory, condemned or rejected by an inspector as being unfit for human consumption.

Note 1 Levy is not imposed on the slaughter of ostriches if, before the slaughter, the ostriches are condemned or rejected by an inspector as being unfit for human consumption. In this case, the ostriches cannot be said to be intended for human consumption.

Note 2 The levy mentioned in clause 7.1 is attached to the Rural Industries Research and Development Corporation — see section 5 of the Primary Industries and Energy Research and Development Act 1989 and regulation 38 of the Rural Industries Research and Development Corporation Regulations 2000.

Note 3 For the operative rate of NRS excise levy on ostriches, see regulation 228 of the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998.

7.2Rate of levy

The rate of levy imposed by this Part on the slaughter of ostriches is $1.00 per head.

7.3Who pays the levy

Levy imposed by this Part on the slaughter of ostriches is payable by the producer of the ostriches.

Note Under paragraph (f) of the definition of producer in subsection 4 (1) of the Collection Act, the producer, in relation to ostriches on which levy is imposed, means the person who owns the animals at the time the slaughter takes place.

Schedule 2Amendment commencing on 1 September 2006

(regulation 3)

  

[1]Schedule 27, clause 7.2

omit

$1.00 per head.

insert

nil.

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, 95, 109, 113, 152, 217, 234, 258 and 260; 2002 Nos. 3, 55, 68, 107, 155, 192, 274, 287, 290, 294, 307 and 324; 2003 Nos. 3, 11, 14, 28, 80, 113, 136, 139, 142 and 145.

2. Notified in the Commonwealth of Australia Gazette on 28 August 2003.