Primary Industries Levies and Charges Collection Amendment Regulations 2002 (No. 1) (Cth)

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Primary Industries Levies and Charges Collection Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 692

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Primary Industries Levies and Charges Collection Act 1991.

Dated 11 April 2002

PETER HOLLINGWORTH

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 Levies and Charges Collection Amendment Regulations 2002 (No. 1).

2Commencement

 These Regulations commence on 1 May 2002.

3Amendment of Primary Industries Levies and Charges Collection Regulations 1991

Schedule 1 amends the Primary Industries Levies and Charges Collection Regulations 1991.

Schedule 1Amendments

(regulation 3)

  

[1]Schedule 7, subclause 2 (1), after definition of lot-fed cattle

insert

personal details, for a person, means:

  • (a)

    the person’s full name; and

  • (b)

    the person’s business or residential address (not the address of a post office box or post office bag); and

  • (c)

    the person’s ABN, if any; and

  • (d)

    if the person is a company and does not have an ABN — its ACN.

[2]Schedule 7, paragraph 15 (1) (a)

substitute

  • (a)

    the personal details of each person to whom the cattle mentioned in the return were sold or delivered;

[3]Schedule 7, paragraph 15 (2) (a)

substitute

  • (a)

    the personal details of each person to whom the cattle mentioned in the return were sold;

[4]Schedule 7, paragraph 16 (a)

substitute

  • (a)

    the personal details of each person from whom the cattle mentioned in the return were bought or to whom the cattle were sold;

[5]Schedule 7, paragraph 17 (1) (a)

substitute

  • (a)

    the personal details of the following:

    • (i)

      each person from whom the cattle mentioned in the return were bought;

    • (ii)

      each person on whose behalf cattle were slaughtered;

    • (iii)

      each person on whose behalf the processor had cattle slaughtered by another processor;

[6]Schedule 7, subclause 17 (2)

omit

[7]Schedule 7, paragraph 18 (a)

substitute

  • (a)

    the personal details of the person on whose behalf the cattle are delivered; and

[8]Schedule 7, subparagraph 19 (1) (b) (i)

omit

the details mentioned in subclause (2) for

insert

the personal details of

[9]Schedule 7, subclause 19 (2)

omit

[10]Schedule 7, after clause 19

insert

19ARecords to be kept — levy-free sale

  • (1)

    In this clause:

export licence holder means the holder of a licence granted under section 10 of the Australian Meat and Live-stock Industry Act 1997.

  • (2)

    This clause applies if:

    • (a)

      in a levy year, an export licence holder deals with particular cattle by buying the cattle from, or selling the cattle to, another export licence holder; and

    • (b)

      because of subclause 1 (3) of Schedule 3 to the Excise Levies Regulations, levy is not imposed on the sale.

  • (3)

    Each export licence holder must keep:

    • (a)

      records showing the personal details of the other export licence holder; and

    • (b)

      a copy of the bill of lading or a similar document showing details of the export of the cattle.

Note   Clause 1 of Schedule 3 to the Excise Levies Regulations provides that levy is not imposed on the sale of cattle by an export licence holder to another export licence holder if the cattle are exported 30 days or less after being acquired by the first export licence holder.

[11]Schedule 27, clause 2, after definition of live-stock

insert

personal details, for a person, means:

  • (a)

    the person’s full name; and

  • (b)

    the person’s business or residential address (not the address of a post office box or post office bag); and

  • (c)

    the person’s ABN, if any; and

  • (d)

    if the person is a company and does not have an ABN — its ACN.

[12]Schedule 27, paragraph 15 (1) (a)

substitute

  • (a)

    the personal details of each person to whom the live-stock mentioned in the return were sold or delivered;

[13]Schedule 27, paragraph 15 (2) (a)

substitute

  • (a)

    the personal details of each person to whom the live-stock mentioned in the return were sold;

[14]Schedule 27, paragraph 16 (b)

substitute

  • (b)

    the personal details of each person from whom the live‑stock mentioned in the return were bought or to whom the live-stock were sold;

[15]Schedule 27, subparagraph 18 (1) (b) (i)

omit

the details mentioned in subclause (2) for

insert

the personal details of

[16]Schedule 27, subclause 18 (2)

omit

[17]Schedule 27, after clause 18

insert

18ARecords to be kept — levy-free sale

  • (1)

    In this clause:

export licence holder means the holder of a licence granted under section 10 of the Australian Meat and Live-stock Industry Act 1997.

  • (2)

    This clause applies if:

    • (a)

      in a levy year, an export licence holder deals with particular live-stock by buying the live-stock from, or selling the live-stock to, another export licence holder; and

    • (b)

      because of subclause 3 (2) of Schedule 18 to the Excise Levies Regulations, levy is not imposed on the sale.

  • (3)

    Each export licence holder must keep:

    • (a)

      records showing the personal details of the other export licence holder; and

    • (b)

      a copy of the bill of lading or a similar document showing details of the export of the live-stock.

Note   Clause 3 of Schedule 18 to the Excise Levies Regulations provides that levy is not imposed on the sale of live-stock by an export licence holder to another export licence holder if the live‑stock are exported 30 days or less after being acquired by the first export licence holder.

[18]Schedule 27, paragraphs 19 (a) and (b)

substitute

  • (a)

    the personal details of the person giving the notice; and

  • (b)

    the personal details of the buyer; and

Notes

1. These Regulations amend Statutory Rules 1991 No. 196, as amended by 1991 No. 439; 1992 No. 228; 1997 No. 208; 1999 No. 303; 2000 Nos. 133, 238 (as amended by 2000 No. 264), 264, 321 and 346; 2001 Nos. 62, 110, 114, 153, 235 and 261; 2002 No. 60.

2. Notified in the Commonwealth of Australia Gazette

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