Primary Industries Levies and Charges Collection Amendment Regulations 2003 (No. 3) (Cth)

Primary Industries Levies and Charges Collection Amendment Regulations 2003 (No. 3)1

Statutory Rules 2003 No. 1372

I, GUY STEPHEN MONTAGUE GREEN, Administrator 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 25 June 2003

G. S. M. GREEN

Administrator

By His Excellency’s Command

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

1Name of Regulations

These Regulations are the Primary Industries Levies and Charges Collection Amendment Regulations 2003 (No. 3).

2Commencement

These Regulations commence on the day on which Schedule 1 to the Dairy Industry Service Reform Act 2003 commences.

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 10, clause 2, before definition of protein content

insert

personal details, for a person, means:

1. (a)

   the person’s full name; and

2. (b)

   the full name and business address or residential address of the person, not being the address of a post office box or post office bag; and

3. (c)

   if the person has a post office box address or post office bag address — that address; and

4. (d)

   the person’s ABN, if any; and

5. (e)

   the contact details for the person.

[2]Schedule 10, paragraph 8 (b)

substitute

1. (b)

   a manufacturer, including a producer who transfers relevant dairy produce to his or her own manufacturing facility, who manufactures dairy produce from relevant dairy produce in the month;

[3]Schedule 10, clause 9, except the note

substitute

9When a return must be lodged

1. (1)

   A person who buys or sells relevant dairy produce, or, who transfers relevant dairy produce in the circumstances mentioned in paragraph 8 (b), in a particular month (the transaction month) must lodge a return for the transaction month no more than one month and 28 days after the end of the transaction month.

2. (2)

   A person who buys or sells relevant dairy produce or, who transfers relevant dairy produce in the circumstances mentioned in paragraph 8 (b), in a levy year must lodge a return for the levy year no more than 28 days after the end of the levy year.

[4]Schedule 10, clauses 10, 11 and 12

substitute

10What must be included in a return

1. (1)

   In addition to the information required by regulation 10, a return must set out, for the month:

   1. (a)

      the amount, in litres, of whole milk that was:

      1. (i)

         delivered to, or processed by, the person lodging the return; and

      2. (ii)

         produced by the person lodging the return (except milk consumed, lost or disposed of on the farm where it was produced); and

   2. (b)

      the content details of the milk mentioned in paragraph (a).

2. (2)

   In addition to the information required by regulation 10, a return for a levy year must set out, for the levy year, for each producer on behalf of whom levy is liable to be paid by the person:

   1. (a)

      the personal details of the producer; and

   2. (b)

      the amount of levy liable to be paid on behalf of that producer in the levy year; and

   3. (c)

      the quantity and content details of the milk on which levy is liable to be paid on behalf of the producer.

11What records must be kept — first purchasers, manufacturers, buying or selling agents

1. (1)

   A first purchaser, manufacturer, buying or selling agent of relevant dairy produce in a month must keep records that show, for the month:

   1. (a)

      for each person who supplied produce:

      1. (i)

         the personal details of the person; and

      2. (ii)

         the quantity and the content details of the produce that was supplied; and

      3. (iii)

         the amount of levy paid by the producer in respect of that produce; and

      4. (iv)

         the quantity and the content details of the produce in respect of which no levy has been paid; and

   2. (b)

      the quantity and the content details of the produce that was processed by or for the first purchaser, manufacturer, buying or selling agent.

Penalty: 10 penalty units.

1. (2)

   An offence under subclause (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

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 Nos. 60, 69, 108, 156, 193, 288, 291, 295 and 308; 2003 Nos. 12 and 29.

2. Notified in the Commonwealth of Australia Gazette