Primary Industries (Excise) Levies Amendment Regulations 2006 (No. 1) (Cth)

Primary Industries (Excise) Levies Amendment Regulations 2006 (No. 1)¹

Select Legislative Instrument 2006 No. 109

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 1 June 2006

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

SUSSAN LEY

Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

Name of Regulations

These Regulations are the Primary Industries (Excise) Levies Amendment Regulations 2006 (No. 1).

Commencement

These Regulations commence on 1 July 2006.

Amendment of Primary Industries (Excise) Levies Regulations 1999

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

Schedule 1 Amendment

(regulation 3)

[1] Schedule 15, after Part 24

insert

Part 25 Rubus (raspberry, blackberry etc)

25.1Definition for Part 25

In this Part:

retail sale, for a sale of rubus by a producer, means a sale other than a sale:

(a)to a first purchaser; or

(b)through a selling agent, buying agent or exporting agent; or

(c)at a wholesale produce market.

25.2Rubus are leviable horticultural products

For the definition of leviable horticultural products in clause 1 of Schedule 15 to the Excise Levies Act, fruit of plants of the genus Rubus (rubus) are leviable horticultural products.

25.3What rubus are exempt from levy

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

(a)the fruit is sold by the producer by retail sale; or

(b)the fruit is sold for processing.

Note 1 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.

Note 2 Cleaning, sorting, grading and packing of rubus are not processes for the definition of process in the Collection Act — see clause 25.4 of Schedule 22 to the Collection Regulations.

25.4Rate of levy — marketing component

For subclause 4 (1) of Schedule 15 to the Excise Levies Act, the rate of levy for rubus is the following:

(a)for the levy years 2006‑2007 and 2007‑2008 — nil;

(b)for the levy years 2008‑2009 and 2009‑2010 — 1 cent per kilogram of the fruit;

(c)for any levy year thereafter — 2 cents per kilogram of the fruit.

25.5Rate of levy — research and development component

For subclause 4 (3) of Schedule 15 to the Excise Levies Act, the rate of levy for rubus is 10 cents per kilogram of the fruit.

24.6What is the eligible industry body for rubus

For subclauses 6 (7), (8) and (10) of Schedule 15 to the Excise Levies Act, the eligible industry body for rubus is the Australian Rubus Growers Association Incorporated (ABN 42 861 675 811).

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See