Primary Industries Levies and Charges Collection Amendment Regulations 2009 (No. 2) (Cth)

Primary Industries Levies and Charges Collection Amendment Regulations 2009 (No. 2)¹

Select Legislative Instrument 2009 No. 353

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 Levies and Charges Collection Act 1991.

Dated 14 December 2009

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

TONY BURKE

Minister for Agriculture, Fisheries and Forestry

Name of Regulations

These Regulations are the Primary Industries Levies and Charges Collection Amendment Regulations 2009 (No. 2).

Commencement

These Regulations commence on the day after they are registered.

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 37, after clause 4.4

insert

4.4AWhat are prescribed goods

For paragraph (a) of the definition of prescribed goods or services in subsection 4 (1) of the Collection Act, laying chickens are identified as goods used in the production of other goods, being leviable eggs.

Note Paragraph (a) of the definition of prescribed goods or services in subsection 4 (1) of the Collection Act provides that prescribed goods or services, for a collection product of a particular kind, means goods or services identified by the regulations as goods or services used in subjecting those products to a process in the course of:

(a)their production or their preparation for sale; or

(b)their use in the production of other goods.

[2] Schedule 37, after clause 4.7

insert

4.7AWhen is levy due for payment — producers other than integrated enterprise operators

(1)This clause applies to a producer, other than an integrated enterprise operator, that is liable to pay levy imposed in the period prior to the commencement of this clause, by clause 4.2 of Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999.

(2)For section 6 of the Collection Act, levy payable on account of the number of laying chickens purchased during the period mentioned in subclause (1), for use in the commercial production of eggs, is due for payment by the producer to the Commonwealth by the end of the twenty‑first day after the commencement of this clause.

[3] Schedule 37, paragraph 4.10 (b), except the note

substitute

(b)a producer to whom clause 4.7A applies;

(c)an integrated enterprise operator who releases laying chickens from a hatchery into a commercial egg production facility, during the month, without a sale of the laying chickens occurring.

[4] Schedule 37, clause 4.11, except the note

substitute

4.11When must a return be lodged

A return must be lodged:

(a)for a seller or an integrated enterprise operator — within 28 days after the end of the month to which it relates; or

(b)for a producer to whom clause 4.7A applies — within 28 days after the period mentioned in subclause 4.7A (1).

[5] Schedule 37, after clause 4.13

insert

4.13AWhat must be included in a return — producers other than integrated enterprise operators

(1)In addition to the information required by regulation 10, a return for the period mentioned in subclause 4.7A (1) must set out, for that period:

(a)the number of laying chickens purchased for use in the commercial production of eggs; and

(b)the amount of levy payable on the eggs presumed to be produced by that number of laying chickens.

(2)The return mentioned in subregulation (1) may contain an estimate of the number or amount if the records that would provide that data have not been kept.

Note

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