Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 2) (Cth)

Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 2)1

Statutory Rules 2004 No. 1042

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 May 2004

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 2004 (No. 2).

2Commencement

These Regulations commence on 1 July 2004.

3Amendment of Primary Industries (Excise) Levies Regulations 1999

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

Schedule 1Amendments

(regulation 3)

  

[1]Schedule 15, after Part 23

insert

Part 24Persimmons

24.1Persimmons are leviable horticultural products

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

24.2What persimmons are exempt from levy

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

1. (a)

   the persimmons 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 persimmons sold by retail sale would be less than $100.

Note 1 Retail sale, for persimmons, is defined in clause 24.2 of Schedule 24 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.

24.3Rate 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 persimmon.

24.4Rate of levy — research and development component

For subclause 4 (3) of Schedule 15 to the Excise Levies Act, the rate of levy is 3.75 cents per kilogram of persimmon.

24.5What is the eligible industry body for persimmons

For subclauses 6 (7), (8) and (10) of Schedule 15 to the Excise Levies Act, the eligible industry body for persimmons is the Persimmon Industry Association Incorporated (ABN 68 001 472 008).

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, 328 and 333; 2004 No. 42.

2. Notified in the Commonwealth of Australia Gazette