Primary Industries (Excise) Levies Amendment Regulations 2007 (No. 9) (Cth)

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Primary Industries (Excise) Levies Amendment Regulations 2007 (No. 9)1

Select Legislative Instrument 2007 No. 262

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 6 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

SUSSAN LEY

Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

1Name of Regulations

These Regulations are the Primary Industries (Excise) Levies Amendment Regulations 2007 (No. 9).

2Commencement

These Regulations commence on the day after they are registered.

3Amendment of Primary Industries (Excise) Levies Regulations 1999

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

Schedule 1Amendments

(regulation 3)

[1]Subregulation 3 (1), after definition of EADR levy

insert

EPPR levy has the meaning given by the Plant Health Australia (Plant Industries) Funding Act 2002.

[2]Schedule 4, after the heading

insert

Part 1Product levy

[3]Schedule 4, after clause 4

insert

Part 2Special purpose levies

[4]Schedule 4, subclause 5 (4), at the foot

insert

Note In relation to PHA levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[5]Schedule 4, after clause 5

insert

6EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on coarse grain that is leviable coarse grain under Schedule 4 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy is 0.005% of the sale value (within the meaning of clause 2) of the grain.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on coarse grain is payable by the producer of the coarse grain.

  4. (4)

    However, for clause 12 of Schedule 27 to the Excise Levies Act, popping corn is exempt from EPPR levy.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[6]Schedule 5, after the heading

insert

Part 1Product levy

[7]Schedule 5, after clause 1

insert

Part 2Special purpose levies

[8]Schedule 5, subclause 2 (3), at the foot

insert

Note In relation to PHA levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[9]Schedule 5, after clause 2

insert

3EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on cotton that is leviable cotton under Schedule 5 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on cotton is nil.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on cotton is payable by the producer of the cotton.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[10]Schedule 12, after the heading

insert

Part 1Product levy

[11]Schedule 12, after clause 4

insert

Part 2Special purpose levies

[12]Schedule 12, subclause 5 (3), at the foot

insert

Note In relation to PHA levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[13]Schedule 12, after clause 5

insert

6EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on grain legumes that are leviable grain legumes under Schedule 12 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy is 0.005% of the value (within the meaning of subclauses 2 (2) and (3)) of the grain legumes.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on grain legumes is payable by the producer of the grain legumes.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[14]Schedule 13, before clause 1

insert

1ADefinition for Schedule 13

In this Schedule:

prescribed goods has the meaning given by clause 1 of Schedule 13 to the Excise Levies Act.

Note Prescribed goods includes:

(a) fresh grapes; and

(b) dried grapes; and

(c) grape juice, whether single strength or concentrated;

being grapes or grape juice produced in Australia.

[15]Schedule 13, subclause 2 (3), at the foot

insert

Note In relation to PHA levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[16]Schedule 13, after clause 2

insert

3EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on prescribed goods on which levy is imposed under Schedule 13 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on prescribed goods is nil.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on prescribed goods is payable by the producer of the goods.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[17]Schedule 15, Part 1, clause 1.1, definition of levy

omit

[18]Schedule 15, Part 2, after the heading

insert

Division 2.1Product levy

[19]Schedule 15, Part 2, after clause 2.5

insert

Division 2.2Special purpose levies

2.6EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on almonds on which levy is imposed by Schedule 15 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on almonds is nil.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on almonds is payable by the producer of the almonds.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[20]Schedule 15, Part 4, after the heading

insert

Division 4.1Product levy

[21]Schedule 15, Part 4, after clause 4.5

insert

Division 4.2Special purpose levies

4.6EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on avocados on which levy is imposed by Schedule 15 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on avocados is nil.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on avocados is payable by the producer of the avocados.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[22]Schedule 15, Part 5, after the heading

insert

Division 5.1Product levy

[23]Schedule 15, Part 5, after clause 5.5

insert

Division 5.2Special purpose levies

5.6EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on cherries on which levy is imposed by Schedule 15 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on cherries is nil.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on cherries is payable by the producer of the cherries.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[24]Schedule 15, Part 7, after the heading

insert

Division 7.1Product levy

[25]Schedule 15, Part 7, clause 7.4A

omit

[26]Schedule 15, Part 7, after clause 7.5

insert

Division 7.2Special purpose levies

7.6PHA levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, PHA levy is imposed on citrus on which levy is imposed by Schedule 15 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rates of PHA levy are as follows:

    1. (a)

      for oranges in bulk — 3 cents per tonne of oranges;

    2. (b)

      for oranges not in bulk — 0.06 of a cent per box;

    3. (c)

      for other citrus in bulk — 3 cents per tonne of citrus;

    4. (d)

      for other citrus not in bulk — 0.06 of a cent per box.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, PHA levy on citrus is payable by the producer of the citrus.

Note 1 In relation to PHA levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

Note 2 Citrus and other expressions used in this clause are defined in clause 7.2 of Part 7 of Schedule 22 to the Collection Regulations.

7.7EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on citrus on which levy is imposed by Schedule 15 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rates of EPPR levy on citrus is nil.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on citrus is payable by the producer of the citrus.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[27]Schedule 15, Part 9, after the heading

insert

Division 9.1Product levy

[28]Schedule 15, Part 9, after clause 9.4

insert

Division 9.2Special purpose levies

9.5EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on dried vine fruits on which levy is imposed by Schedule 15 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on dried vine fruits is nil.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on dried vine fruits is payable by the producer of the dried vine fruits.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[29]Schedule 15, Part 10, after the heading

insert

Division 10.1Product levy

[30]Schedule 15, Part 10, after clause 10.5

insert

Division 10.2Special purpose levies

10.6EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on macadamia nuts on which levy is imposed by Schedule 15 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on macadamia nuts is nil.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on macadamia nuts is payable by the producer of the macadamia nuts.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[31]Schedule 15, Part 16, after the heading

insert

Division 16.1Product levy

[32]Schedule 15, Part 16, clause 16.4A

omit

[33]Schedule 15, Part 16, after clause 16.5

insert

Division 16.2Special purpose levies

16.6PHA levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, PHA levy is imposed on strawberries on which levy is imposed by Schedule 15 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of PHA levy on strawberries is 8 cents for every 1 000 strawberry runners, or part of every 1 000 strawberry runners, sold for use in the production of the strawberries.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, PHA levy on strawberries is payable by the producer of the strawberries.

Note In relation to PHA levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

16.7EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on strawberries on which levy is imposed by Schedule 15 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on strawberries is nil.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on strawberries is payable by the producer of the strawberries.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[34]Schedule 15, Part 21, after the heading

insert

Division 21.1Product levy

[35]Schedule 15, Part 21, after clause 21.5

insert

Division 21.2Special purpose levies

21.6EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on mangoes on which levy is imposed by Schedule 15 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on mangoes is nil.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on mangoes is payable by the producer of the mangoes.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[36]Schedule 20, after the heading

insert

Part 1Product levy

[37]Schedule 20, after clause 3

insert

Part 2Special purpose levies

[38]Schedule 20, subclause 4 (3), at the foot

insert

Note In relation to PHA levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[39]Schedule 20, after clause 4

insert

5EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on oilseeds that are leviable oilseeds under Schedule 20 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy is 0.005% of the value (within the meaning of subclauses 2 (2) and (3)) of the oilseeds.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on oilseeds is payable by the producer of the oilseeds.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[40]Schedule 23, after the heading

insert

Part 1Product levy

[41]Schedule 23, after clause 2

insert

Part 2Special purpose levies

[42]Schedule 23, subclause 3 (1)

substitute

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, PHA levy is imposed on rice on which levy is imposed by Schedule 23 to the Excise Levies Act.

[43]Schedule 23, subclause 3 (3), at the foot

insert

Note In relation to PHA levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[44]Schedule 23, after clause 3

insert

4EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on rice on which levy is imposed by Schedule 23 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on rice is nil.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on rice is payable by the producer of the rice.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[45]Schedule 25, after the heading

insert

Part 1Product levy

[46]Schedule 25, after clause 4

insert

Part 2Special purpose levies

[47]Schedule 25, subclause 5 (3), at the foot

insert

Note In relation to PHA levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[48]Schedule 25, after clause 5

insert

6EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on wheat on which levy is imposed by Schedule 25 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy is 0.005% of the sale value of the wheat, calculated in accordance with clause 2 of this Schedule.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on wheat is payable by the producer of the wheat.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[49]Schedule 26, after the heading

insert

Part 1Product levy

[50]Schedule 26, clause 1, heading

substitute

1Definitions for Schedule 26

[51]Schedule 26, clause 1, after definition of grape industry

insert

prescribed goods has the meaning given by clause 1 of Schedule 26 to the Excise Levies Act.

Note Prescribed goods includes:

(a) fresh grapes; and

(b) dried grapes; and

(c) grape juice, whether single-strength or concentrated;

being grapes or grape juice produced in Australia.

[52]Schedule 26, after clause 4

insert

Part 2Special purpose levies

[53]Schedule 26, subclause 5 (3), at the foot

insert

Note In relation to PHA levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

[54]Schedule 26, after clause 5

insert

6EPPR levy

  1. (1)

    For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on prescribed goods on which levy is imposed by Schedule 26 to the Excise Levies Act.

  2. (2)

    For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on prescribed goods is nil.

  3. (3)

    For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on prescribed goods is payable by the producer of the goods.

Note In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.

Note

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

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