Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 18) (Cth)

Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 18)1

Statutory Rules 2003 No. 3332

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 18 December 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JUDITH TROETH

Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

1Name of Regulations

These Regulations are the Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 18).

2Commencement

These Regulations commence on 1 February 2004.

3Amendment of Primary Industries (Excise) Levies Regulations 1999

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

Schedule 1Amendment

(regulation 3)

  

[1]Schedule 15, after Part 22

insert

Part 23Lychees

23.1Definition for Part 23

fresh lychees mean unprocessed lychees.

Note Cleaning, sorting, grading and packing of lychees are not processes for the definition of process in the Collection Act — see clause 23.4 of Schedule 22 to the Collection Regulations.

23.2Lychees are leviable horticultural products

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

23.3What lychees are exempt from levy

For paragraph 2 (4) (a) of Schedule 15 to the Excise Levies Act, lychees are exempt from levy if:

1. (a)

   the lychees are sold by the producer by retail sale; and

2. (b)

   the total amount of levy that the producer would be liable to pay in the levy year on lychees sold by retail sale would be less than $100.

Note 1 Retail sale, for lychees, is defined in clause 23.2 of Schedule 22 to the Collection Regulations.

Note 2 Subclause 2 (3) of Schedule 15 to the Excise Levies Act provides that levy is not imposed by that Schedule on leviable horticultural products that are exported from Australia.

23.4Rate of levy — marketing component

For subclause 4 (1) of Schedule 15 to the Excise Levies Act, the rate of levy is 2.5 cents per kilogram of fresh lychees.

23.5Rate of levy — research and development component

For subclause 4 (3) of Schedule 15 to the Excise Levies Act, the rate of levy is:

1. (a)

   5.5 cents per kilogram of fresh lychees; and

2. (b)

   1 cent per kilogram of lychees used or sold by a producer for processing.

23.6What is the eligible industry body for lychees

For subclauses 6 (7), (8) and (10) of Schedule 15 to the Excise Levies Act, the eligible industry body for lychees is the Australian Lychee Growers Association (ABN 45 591 381 594).

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, 145, 216, 221, 225, 288, 304, 326 and 328.

2. Notified in the Commonwealth of Australia Gazette