Primary Industries Levies and Charges Collection (Dairy) Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 126 1

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Primary Industries Levies and Charges Collection (Dairy) Regulations 2(Amendment)

I, The 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 25 June 1996.

 

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

  

JOHN ANDERSON

Minister for Primary Industries and Energy

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1.   Commencement

1.1   These Regulations are taken to have commenced on 1 July 1995.

2.   Amendment

2.1   The Primary Industries Levies and Charges Collection (Dairy) Regulations are amended as set out in these Regulations.

3.   Regulation 4 (Interpretation)

3.1   Subregulation 4 (1) (definition of “market milk”):

Omit the definition, substitute:

“‘market milk’ means relevant dairy produce on which levy is imposed by paragraph 5 (1) (a) of the Levy (No. 1) Act;”.

3.2   Subregulation 4 (1):

Insert the following definition:

“‘Collection Act’ means the Primary Industries Levies and Charges Collection Act 1991;”.

4.   Regulation 15 (Monthly return—market milk)

4.1   Paragraph 15 (2) (f):

Omit the paragraph, substitute:

• “(f)

  the amount, in litres, of market milk that, in that month, was delivered to, processed by or produced by the person lodging the return;”.

4.2   Paragraph 15 (2) (g):

Omit “market milk that, in that month, was delivered or processed, and subsequently sold for human consumption:”, substitute “that amount of market milk:”.

5.   Regulation 16 (Monthly return—manufacturing milk)

5.1   Paragraph 16 (2) (f):

Omit the paragraph, substitute:

• “(f)

  the amount, in litres, of whole milk delivered to, or produced by, the manufacturer, in a manner that discloses the amount in litres that became, within the meaning of subsection 4 (2) of the Levy (No. 1) Act, manufacturing milk in that month;”.

5.2   Paragraph 16 (2) (g):

Omit “manufacturing milk delivered, or manufactured, within the meaning of subsection 4 (2) of the Levy (No. 1) Act, by the manufacturer in that month:”, substitute “that amount of manufacturing milk:”.

6.   Regulation 17 (Monthly return—Corporation levy, promotion levy and research levy)

6.1   Paragraph 17 (2) (f):

Omit the paragraph, substitute:

• “(f)

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

  • (i)

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

  • (ii)

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

6.2   Paragraph 17 (2) (g):

Omit “that, in that month, was delivered or processed, and subsequently sold for human consumption:”, substitute “derived from that whole milk in that month:”.

6.3   Paragraph 17 (2) (h):

Omit “delivered, or manufactured, within the meaning of subsection 4 (2) of the Levy (No. 1) Act, in that month:”, substitute “derived from that whole milk in that month:”.

7.   Transitional—returns lodged for a month prior to 1 July 1996

7.1   A person who:

• (a)

  has complied with regulation 11 of the Primary Industries Levies and Charges Collection (Dairy) Regulations, in relation to the lodgement of a return under regulation 15, 16 or 17 of those Regulations, as in force immediately before the commencement of these Regulations, for a particular month of the financial year that began on 1 July 1995; and

• (b)

  before 1 January 1997, lodges a further return under that regulation, as amended by these Regulations, for that month;

is taken, for the purposes of section 24 of the Collection Act, to be a person who has complied with the requirement to give a return for that month under that provision of the Primary Industries Levies and Charges Collection (Dairy) Regulations, as amended by these Regulations.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 June 1996.

2. Statutory Rules 1995 No. 212.