Primary Industries Legislation Amendment (Chestnuts and Potted Plants) Regulation 2013 (Cth)

Primary Industries Legislation Amendment (Chestnuts and Potted Plants) Regulation 2013

Select Legislative Instrument No. 133, 2013

I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Primary Industries (Customs) Charges Act 1999 and the Primary Industries (Excise) Levies Act 1999.

Dated 28 June 2013

Quentin Bryce

Governor‑General

By Her Excellency’s Command

Peter Douglas Sidebottom

Parliamentary Secretary for Agriculture, Fisheries and Forestry

Contents

1............ Name of regulation............................................................................. 1

2............ Commencement.................................................................................. 1

3............ Authority............................................................................................ 1

4............ Schedule(s)......................................................................................... 1

Schedule 1—Amendments                                                                            2

Primary Industries (Customs) Charges Regulations 2000                           2

Primary Industries (Excise) Levies Regulations 1999                                 3

1Name of regulation

This regulation is the Primary Industries Legislation Amendment (Chestnuts and Potted Plants) Regulation 2013.

2Commencement

This regulation commences on 1 July 2013.

3Authority

This regulation is made under the Primary Industries (Customs) Charges Act 1999 and the Primary Industries (Excise) Levies Act 1999.

4Schedule(s)

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Primary Industries (Customs) Charges Regulations 2000

1  Clause 6.4 of Schedule 10

Omit “$50”, substitute “$45”.

2  At the end of Part 6 of Schedule 10

Add:

6.6  PHA charge

            (1)  For clause 2 of Schedule 14 to the Customs Charges Act, PHA charge is imposed on chestnuts on which charge is imposed by Schedule 10 to the Customs Charges Act.

            (2)  For clause 5 of Schedule 14 to the Customs Charges Act, the rate of PHA charge on chestnuts is $5 per tonne.

            (3)  For clause 10 of Schedule 14 to the Customs Charges Act, PHA charge on chestnuts is payable by the producer of the chestnuts.

6.7  EPPR charge

            (1)  For clause 2 of Schedule 14 to the Customs Charges Act, EPPR charge is imposed on chestnuts on which charge is imposed by Schedule 10 to the Customs Charges Act.

            (2)  For clause 5 of Schedule 14 to the Customs Charges Act, the rate of EPPR charge on chestnuts is nil.

            (3)  For clause 10 of Schedule 14 to the Customs Charges Act, EPPR charge on chestnuts is payable by the producer of the chestnuts.

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

Primary Industries (Excise) Levies Regulations 1999

3  Clause 6.4 of Schedule 15

Omit “$50”, substitute “$45”.

4  At the end of Part 6 of Schedule 15

Add:

6.6  PHA levy

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

            (2)  For clause 6 of Schedule 27 to the Excise Levies Act, the rate of PHA levy on chestnuts is $5 per tonne.

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

6.7  EPPR levy

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

            (2)  For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on chestnuts is nil.

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

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

5  Clause 12.4 of Schedule 15

Omit “3%”, substitute “2.75%”.

6  At the end of Part 12 of Schedule 15

Add:

12.6  PHA levy

            (1)  For clause 2 of Schedule 27 to the Excise Levies Act, PHA levy is imposed on potted plants on which levy is imposed by Schedule 15 to the Excise Levies Act.

            (2)  For clause 6 of Schedule 27 to the Excise Levies Act, the rate of PHA levy on potted plants is 0.25% of the amount for which the containers that subsequently contain the potted plants were sold in the last sale before the potted plants are placed in the containers.

            (3)  For clause 11 of Schedule 27 to the Excise Levies Act, PHA levy on potted plants is payable by the producer of the potted plants.

Note:       An amount for which containers are sold is taken not to include net GST—see regulation 3A.

12.7  EPPR levy

            (1)  For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on potted plants on which levy is imposed by Schedule 15 to the Excise Levies Act.

            (2)  For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on potted plants is nil.

            (3)  For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on potted plants is payable by the producer of the potted plants.

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