Primary Industries (Excise) Levies Amendment Regulations 2008 (No. 3) (Cth)

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Primary Industries (Excise) Levies Amendment Regulations 2008 (No. 3)1

Select Legislative Instrument 2008 No. 216

I, QUENTIN BRYCE, 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 31 October 2008

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

TONY BURKE

Minister for Agriculture, Fisheries and Forestry

  1. Name of Regulations

These Regulations are the Primary Industries (Excise) Levies Amendment Regulations 2008 (No. 3).

  1. Commencement

These Regulations commence on 1 November 2008.

  1. Amendment of Primary Industries (Excise) Levies Regulations 1999

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

Schedule 1          Amendments

(regulation 3)

[1]          Schedule 15, Part 3, clause 3.2, heading

substitute

3.2          Apples and pears that are exempt from levy

[2]          Schedule 15, Part 4, clause 4.2, heading

substitute

4.2          Avocados that are exempt from levy

[3]          Schedule 15, Part 5, clause 5.2, heading

substitute

5.2          Cherries that are exempt from levy

[4]          Schedule 15, Part 6, clause 6.1, note

omit

[5]          Schedule 15, Part 6, after clause 6.1

insert

6.2          Chestnuts that are exempt from levy

               For paragraph 2 (4) (b) of Schedule 15 to the Excise Levies Act, chestnuts sold by a producer by retail sale are exempt from levy if the total weight of chestnuts sold by the producer by retail sale in the levy year is not more than 500 kg.

Note    For chestnuts:

(a)   levy year is defined in clause 6.3 of Schedule 22 to the Collection Regulations; and

(b)   retail sale is defined in clause 6.2 of Schedule 22 to the Collection Regulations.

[6]          Schedule 15, Part 7, clause 7.2, heading

substitute

7.2          Citrus that are exempt from levy

[7]          Schedule 15, Part 8, clause 8.2, heading

substitute

8.2          Custard apples that are exempt from levy

[8]          Schedule 15, Part 10, clause 10.2, heading

substitute

10.2       Macadamia nuts that are exempt from levy

[9]          Schedule 15, Part 11, clause 11.2, heading

substitute

11.2       Nashi that are exempt from levy

[10]        Schedule 15, Part 14, clause 14.2, heading

substitute

14.2       Potatoes that are exempt from levy

[11]        Schedule 15, Part 15, clause 15.2, heading

substitute

15.2       Stone fruit that are exempt from levy

[12]        Schedule 15, Part 15, clause 15.2

omit

 is exempt from levy.

insert

 are exempt from levy.

[13]        Schedule 15, Part 18, clause 18.4, heading

substitute

18.4       Agaricus mushrooms that are exempt from levy

[14]        Schedule 15, Part 20, clause 20.2, heading

substitute

20.2       Table grapes that are exempt from levy

[15]        Schedule 15, Part 21, clause 21.2, heading

substitute

21.2       Mangoes that are exempt from levy

[16]        Schedule 15, Part 22, clause 22.3, heading

substitute

22.3       Papayas that are exempt from levy

[17]        Schedule 15, Part 23, clause 23.3, heading

substitute

23.3       Lychees that are exempt from levy

[18]        Schedule 15, Part 24, clause 24.2, heading

substitute

24.2       Persimmons that are exempt from levy

[19]        Schedule 15, Part 25, clause 25.3

substitute

25.3       Rubus that are exempt from levy

               For paragraph 2 (4) (b) of Schedule 15 to the Excise Levies Act, the following subclasses of rubus are exempt from levy:

               (a)    rubus sold by the producer by retail sale;

              (b)    rubus sold by the producer for processing;

               (c)    rubus processed by the producer.

[20]        Schedule 15, Part 25, clause 24.6

renumber as clause 25.6

[21]        Schedule 15, Part 26, clause 26.2, heading

substitute

26.2       Turf that is exempt from levy

[22]        Schedule 15, Part 27, clause 27.2, heading

substitute

27.2       Bananas that are exempt from levy

[23]        Schedule 27, Part 5, clause 5.5, heading

substitute

5.5          Queen bees that are exempt from levy

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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