Primary Industries Levies and Charges Collection Amendment Regulations 2007 (No. 7) (Cth)

Primary Industries Levies and Charges Collection Amendment Regulations 2007 (No. 7)¹

Select Legislative Instrument 2007 No. 286

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 Levies and Charges Collection Act 1991.

Dated 26 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

SUSSAN LEY

Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

Name of Regulations

These Regulations are the Primary Industries Levies and Charges Collection Amendment Regulations 2007 (No. 7).

Commencement

These Regulations commence on 1 November 2007.

Amendment of Primary Industries Levies and Charges Collection Regulations 1991

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

Schedule 1 Amendments

(regulation 3)

[1] Schedule 22, clause 10.2, definition of consigned mass

omit

[2] Schedule 22, subclauses 10.12 (1) and (2), including the note

substitute

(1)In addition to the information required by regulation 10, a return must state, in respect of the return period:

(a)if the person making the return has dealt in dried kernels of macadamia nut during that period and has recorded the actual quantity of dried kernels dealt with — the actual quantities of dried kernels of leviable macadamia nuts and of chargeable macadamia nuts sold by the person during that period; or

(b)if the person has not recorded the actual quantity — the deemed quantities of dried kernels of leviable macadamia nuts and of chargeable macadamia nuts sold by the person during that period.

(2)For paragraph (1) (b), a person works out the deemed quantity of dried kernels for a quantity of macadamia nuts in shell by multiplying the quantity of macadamia nuts in shell by either:

(a)the default recovery rate; or

(b)the rate calculated using:

where:

B is the weight of the kernels in the sample after being removed and dried to 1.5% moisture content.

A is the weight of a sample of the quantity of macadamia nuts in shell.

(2A)For the formula in subclause (2), the sample of nuts must weigh at least 500 g and have a moisture content of 10%.

[3] Schedule 22, paragraphs 10.13 (1) (d), (2) (e), (3) (e) and (4) (a)

omit

consigned mass

insert

quantity

[4] Schedule 22, paragraphs 10.14 (1) (a) and (b)

substitute

(a)the quantity of chargeable macadamia nuts exported by the exporter; and

[5] Schedule 22, paragraphs 10.15 (1) (b) and (c)

substitute

(b)the quantity of leviable macadamia nuts and chargeable macadamia nuts dealt with by the person; and

Note

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