Primary Industries Levies and Charges Collection (Dairy) Regulations (Cth)
made under the
Consolidated as in force on 17 November 1998
(includes amendments up to SR 1997 No. 189)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
made under the
Page
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These Regulations may be cited as the Primary Industries Levies and Charges Collection (Dairy) Regulations.
These Regulations commence on 1 July 1995.
The Primary Industries Levies and Charges Collection Regulations are incorporated and must be read as one with these Regulations.
(1) In these Regulations, unless the contrary intention appears:
acquisition offset levy has the same meaning as in section 103 of theDairy Produce Act 1986 .Australian Animal Health Council levy means the Australian Animal Health Council levy imposed under paragraph 5 (1) (g) of the Levy (No. 1) Act.Collection Act means thePrimary Industries Levies and Charges Collection Act 1991 .Corporation levy means the Corporation levy imposed under paragraph 5 (1) (d) of the Levy (No. 1) Act.dairy produce has the same meaning as in subsection 3 (1) of theDairy Produce Act 1986 .export milk fat component , in relation to a manufacturer, means the manufacturer’s export milk fat component calculated under subsection 7 (3) of the Levy (No. 1) Act.export protein component , in relation to a manufacturer, means the manufacturer’s export protein component calculated under subsection 7 (4) of the Levy (No. 1) Act.import offset levy has the same meaning as in section 103 of theDairy Produce Act 1986 .Levy (No. 1) Act means theDairy Produce Levy (No. 1) Act 1986 .Levy (No. 2) Act means theDairy Produce Levy (No. 2) Act 1986 .manufacturer has the same meaning as in section 103 of theDairy Produce Act 1986 .manufacturing milk has the same meaning as in section 103 of theDairy Produce Act 1986 .manufacturing milk levy has the same meaning as in section 103 of theDairy Produce Act 1986 .market milk means relevant dairy produce on which levy is imposed by paragraph 5 (1) (a) of the Levy (No. 1) Act.market milk levy has the same meaning as in section 103 of theDairy Produce Act 1986 .milk fat has the same meaning as in subsection 4 (1) of the Levy (No. 1) Act.milk fat content , in relation to dairy produce, means, in the circumstances described in subsection 111A (1) of theDairy Produce Act 1986 , the prescribed milk fat content for dairy produce of that kind, within the meaning of section 111A of that Act.milk fat rate means the milk fat rate prescribed in relation to a levy.month has the same meaning as in section 103 of theDairy Produce Act 1986 .prescribed exporter means a person who is a prescribed exporter under:(a) subsection 4 (3) of the Levy (No. 1) Act; or
(b) subsection 4 (2) of the Levy (No. 2) Act.
promotion levy means the promotion levy imposed under paragraph 5 (1) (e) of the Levy (No. 1) Act.protein content , in relation to dairy produce, means, in the circumstances described in subsection 111A (2) of theDairy Produce Act 1986 , the prescribed protein content for dairy produce of that kind, within the meaning of subsection 111A of that Act.protein rate means the protein rate prescribed in relation to a levy.related company , in relation to a prescribed exporter, means a body corporate that is related to the prescribed exporter.relevant dairy produce has the same meaning as in subsection 4 (1) of the Levy (No. 1) Act.research levy means the research levy imposed under paragraph 5 (1) (f) of the Levy (No. 1) Act.return means a return lodged under regulation 15, 16, 17, 18, 19 or 20.whole milk has the same meaning as in subsection 4 (1) of the Levy (No. 1) Act.(2) For the purposes of these Regulations, the question whether a body corporate is related to another body corporate is to be determined in the same way as that question is determined for the purposes of the Corporations Law.
For the purposes of the definition of
levy year in subsection 4 (1) of the Collection Act, a financial year is the prescribed period in relation to dairy produce and relevant dairy produce.
Dairy produce and relevant dairy produce are declared to be collection products to which paragraph (a) of the definition of
processor in subsection 4 (1) of the Collection Act applies.
For the purposes of paragraph (e) of the definition of
producer in subsection 4 (1) of the Collection Act:
(a) dairy produce and relevant dairy produce are prescribed; and
(b) each of the following persons is taken to be a producer:
(i) a person who produces relevant dairy produce;
(ii) a manufacturer of relevant dairy produce;
(iii) a prescribed exporter, or a related company, who imports dairy produce into Australia;
(iv) a prescribed exporter, or a related company, who acquires dairy produce that has been imported into Australia;
(v) an importer into Australia of dairy produce that:
(A) was exported from Australia; and
(B) is in the same form, or substantially the same form, as it had when exported.
For the purposes of the definition of
proprietor in subsection 4 (1) of the Collection Act, dairy produce and relevant dairy produce are prescribed products.
Dairy produce and relevant dairy produce are declared to be products to which paragraph 7 (2) (b) of the Collection Act applies.
(1) The following levies are due for payment on the 28th day after the end of the month immediately following the month in respect of which the levy is imposed:
(a) market milk levy;
(b) manufacturing milk levy;
(c) Corporation levy;
(d) promotion levy;
(e) research levy;
(f) Australian Animal Health Council levy.
(2) The following levies are due for payment on the 28th day after the end of the month immediately following the end of the levy year in respect of which the levy is imposed:
(a) import offset levy;
(b) acquisition offset levy;
(c) levy imposed under section 8 of the Levy (No. 2) Act.
(1) A return relating to market milk must be lodged not later than
1 month and 20 days after the end of the month in which the market milk is purchased or sold by the person liable for payment of market milk levy.
(2) A return relating to manufacturing milk must be lodged not later than 1 month and 20 days after the end of the month in which the manufacturing milk is purchased or sold by the person liable for payment of manufacturing milk levy.
(3) A return relating to levy mentioned in subregulation (4) must be lodged not later than 1 month and 20 days after the end of the month in which relevant dairy produce is purchased or sold by the person liable for payment of the levy.
(4) The levy is:
(a) Corporation levy; or
(b) promotion levy; or
(c) research levy; or
(d) Australian Animal Health Council levy.
(1) A return relating to dairy produce imported into Australia by a prescribed exporter, or a related company, during a financial year, must be lodged not later than 1 month and 20 days after the end of the financial year in which the person liable to pay import offset levy imported the dairy produce into Australia.
(2) A return relating to imported dairy produce acquired by a prescribed exporter, or a related company, during a financial year, must be lodged not later than 1 month and 20 days after the end of the financial year in which the person liable to pay acquisition offset levy acquired the dairy produce.
(3) A return relating to dairy produce that:
(a) was exported from Australia; and
(b) is imported into Australia in the same form, or substantially the same form, as it had when exported;
must be lodged not later than 1 month and 20 days after the end of the financial year in which the person liable to pay the levy imposed under section 8 of the Levy (No. 2) Act imported the dairy produce into Australia.
Each of the following persons must lodge a return for a month:
(a) a first purchaser, in that month, of relevant dairy produce;
(b) a manufacturer who manufactures, in that month, dairy produce from relevant dairy produce;
(c) if there is a buying, or selling, agent, in that month, for the first purchaser or manufacturer — that agent.
Each of the following persons must lodge a return for a levy year:
(a) a prescribed exporter if the prescribed exporter, or a related company, has imported dairy produce during the levy year;
(b) a prescribed exporter if the prescribed exporter, or a related company, has acquired, during the levy year, dairy produce that has been imported into Australia;
(c) an importer into Australia of dairy produce on which levy is imposed under section 8 of the Levy (No. 2) Act.
(1) A return relating to market milk must:
(a) set out the particulars described in subregulation (2); and
(b) include a declaration, signed by the person lodging the return, that the information is correct in every material particular; and
(c) be lodged at the office of the Secretary, or a collecting organisation.
(2) The following particulars must be included in the return:
(a) the full name and business or residential address of the person lodging the return (not being the address of a post office box or post office bag);
(b) if the person lodging the return has a post office box or post office bag address — that address;
(c) the full name and address (not being the address of a post office box or post office bag) of any agent for, or processor or purchaser of, the market milk;
(d) if an agent, processor or purchaser has a post office box or post office bag address — that address;
(e) the month to which the return relates;
(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;
(g) in relation to that amount of market milk:
(i) the milk fat content, as a percentage of the market milk; and
(ii) the protein content, as a percentage of the market milk; and
(iii) the total amount of levy payable, calculated at the milk fat rate on the milk fat content; and
(iv) the total amount of levy payable, calculated at the protein rate on the protein content;
(h) the sum of the total amounts referred to in subparagraphs (g) (iii) and (iv).
(3) In subregulation (2),
agent means a buying agent or a selling agent.
(1) A return relating to manufacturing milk must:
(a) set out the particulars described in subregulation (2); and
(b) include a declaration, signed by the person lodging the return, that the information is correct in every material particular; and
(c) be lodged at the office of the Secretary, or a collecting organisation.
(2) The following particulars must be included in the return:
(a) the full name and business or residential address of the person lodging the return (not being the address of a post office box or post office bag);
(b) the full name and address of the producer (not being the address of a post office box or post office bag);
(c) if the producer, or the person lodging the return, has a post office box or post office bag address — that address;
(d) the month to which the return relates;
(e) the name and address of any related company;
(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;
(g) in relation to that amount of manufacturing milk:
(i) the milk fat content, as a percentage of the manufacturing milk; and
(ii) the protein content, as a percentage of the manufacturing milk; and
(iii) the total amount of levy payable, calculated at the milk fat rate on the milk fat content; and
(iv) the total amount of levy payable, calculated at the protein rate on the protein content;
(h) in relation to dairy produce exported by a manufacturer, or manufactured by the manufacturer and exported by another person, in that month:
(i) the milk fat content, as a percentage of the dairy produce; and
(ii) the protein content, as a percentage of the dairy produce; and
(iii) the export milk fat component; and
(iv) the export protein component; and
(v) the trade description and code of each item exported; and
(vi) the quantity, in kilograms, of each item exported; and
(vii) the export clearance number for each item exported; and
(viii) the date of shipment of each item exported;
(i) the amount that is the sum of the total amounts referred to in subparagraphs (g) (iii) and (iv), less the sum of the amounts referred to in subparagraphs (h) (iii) and (iv).
(1) This regulation applies to a return relating to:
(a) Corporation levy; or
(b) promotion levy; or
(c) research levy; or
(d) Australian Animal Health Council levy.
(1A) The return must:
(a) set out the particulars described in subregulation (2); and
(b) include a declaration, signed by the person lodging the return, that the information is correct in every essential particular; and
(c) be lodged at the office of the Secretary, or a collecting organisation.
(2) The following particulars must be included in the return:
(a) the full name and business or residential address of the person lodging the return (not being the address of a post office box or post office bag);
(b) if the person lodging the return has a post office box or post office bag address — that address;
(c) the full name and address (not being the address of a post office box or post office bag) of any agent for, or processor or purchaser of, the relevant dairy produce produced;
(d) if an agent, processor or purchaser has a post office box or post office bag address — that address;
(e) the month to which the return relates;
(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);
(g) in relation to market milk derived from that whole milk in that month:
(i) the milk fat content, as a percentage of the market milk; and
(ii) the protein content, as a percentage of the market milk; and
(iii) the total amount of levy payable, calculated at the milk fat rate on the milk fat content; and
(iv) the total amount of levy payable, calculated at the protein rate on the protein content;
(h) in relation to manufacturing milk derived from that whole milk in that month:
(i) the milk fat content, as a percentage of the manufacturing milk; and
(ii) the protein content, as a percentage of the manufacturing milk; and
(iii) the total amount of levy payable, calculated at the milk fat rate on the milk fat content; and
(iv) the total amount of levy payable, calculated at the protein rate on the protein content;
(i) the sum of the total amounts referred to in paragraphs (f), (g) and (h).
(3) In subregulation (2),
agent means a buying agent or a selling agent.
(1) A return relating to dairy produce that is imported into Australia by a prescribed exporter, or a related company that is not a prescribed exporter, during a financial year, must:
(a) set out the particulars described in subregulation (2); and
(b) include a declaration, signed by the person lodging the return, that the information is correct in every material particular; and
(c) be lodged at the office of the Secretary, or a collecting organisation.
(2) The following particulars must be included in the return:
(a) the full name and business or residential address of the person lodging the return (not being the address of a post office box or post office bag);
(b) the full name and address of the producer (not being the address of a post office box or post office bag);
(c) if the producer, or the person lodging the return, has a post office box or post office bag address — that address;
(d) the levy year to which the return relates;
(e) the name and address of any related company;
(f) in relation to dairy produce imported by a prescribed exporter:
(i) each type imported; and
(ii) the quantity, in kilograms, of each type imported; and
(iii) the milk fat content, as a percentage of each type imported; and
(iv) the protein content, as a percentage of each type imported;
(g) in relation to imported dairy produce sold or on-forwarded by a prescribed exporter, or related company, to another person:
(i) each type sold or on-forwarded; and
(ii) the quantity, in kilograms, of each type sold or on‑forwarded; and
(iii) the milk fat content, as a percentage of each type sold or on-forwarded; and
(iv) the protein content, as a percentage of each type sold or on-forwarded;
(h) the total amount of levy payable, calculated at the milk fat rate on the milk fat content of dairy produce imported;
(i) the total amount of levy payable, calculated at the protein rate on the protein content of dairy produce imported;
(j) the amount that is the sum of the total amounts referred to in paragraphs (h) and (i);
(k) in relation to dairy produce imported by a related company that is not a prescribed exporter:
(i) each type imported; and
(ii) the quantity, in kilograms, of each type imported; and
(iii) the milk fat content, as a percentage of each type imported; and
(iv) the protein content, as a percentage of each type imported; and
(v) the total amount of levy payable, calculated at the milk fat rate on the milk fat content; and
(vi) the total amount of levy payable, calculated at the protein rate on the protein content; and
(vii) the amount that is the sum of the total amounts referred to in subparagraphs (v) and (vi);
(l) if section 109B of the
Dairy Produce Act 1986 (which deals with reduction of levies to avoid double payment) applies — the amount of levy determined under that section, and the calculations by which that amount is determined;(m) the total amount of levy imposed, calculated by adding together the amounts referred to in paragraphs (j) and (l);
(n) if subsection 10 (3) of the Levy (No. 2) Act applies (which deals with the maximum amount of levy imposed) — the maximum amount, within the meaning of that subsection, of the levy imposed on the prescribed exporter for the financial year by section 9 of that Act, and the calculations by which that amount is determined;
(o) if subsection 10 (4) of the Levy (No. 2) Act applies (which deals with whether levy has been paid, or is payable, under section 8 of that Act) — the amount of levy paid, or payable, for the financial year under section 8 of that Act;
(p) the amount of import offset levy payable (if any) for the financial year;
(q) the adjusted amount of import offset levy for the financial year, calculated in accordance with the formula set out in subsection 109A (2) of the
Dairy Produce Act 1986 .
(1) A return relating to imported dairy produce acquired by a prescribed exporter, or a related company that is not a prescribed exporter, during a financial year, must:
(a) set out the particulars described in subregulation (2); and
(b) include a declaration, signed by the person lodging the return, that the information is correct in every material particular; and
(c) be lodged at the office of the Secretary, or a collecting organisation.
(2) The following particulars must be included in the return:
(a) the full name and business or residential address of the person lodging the return (not being the address of a post office box or post office bag);
(b) the full name and address of the producer (not being the address of a post office box or post office bag);
(c) if the producer, or the person lodging the return, has a post office box or post office bag address — that address;
(d) the levy year to which the return relates;
(e) the name and address of any related company;
(f) in relation to imported dairy produce acquired (except dairy produce on which levy has been paid, or is payable, under section 8 or 9 of the Levy (No. 2) Act):
(i) each type acquired; and
(ii) the quantity, in kilograms, of each type acquired; and
(iii) the name and address of each person from whom the produce was acquired; and
(iv) the milk fat content, as a percentage of each type acquired; and
(v) the protein content, as a percentage of each type acquired;
(g) the total amount of levy payable, calculated at the milk fat rate on the milk fat content of dairy produce acquired;
(h) the total amount of levy payable, calculated at the protein rate on the protein content of dairy produce acquired;
(i) the amount that is the sum of the total amounts referred to in paragraphs (g) and (h);
(j) in relation to dairy produce acquired by a related company that is not a prescribed exporter:
(i) each type acquired; and
(ii) the quantity, in kilograms, of each type acquired; and
(iii) the milk fat content, as percentage of each type acquired; and
(iv) the protein content, as a percentage of each type acquired; and
(v) the total amount of levy payable, calculated at the milk fat rate on the milk fat content; and
(vi) the total amount of levy payable, calculated at the protein rate on the protein content; and
(vii) the amount that is the sum of the total amounts referred to in subparagraphs (v) and (vi);
(k) if section 109B of the
Dairy Produce Act 1986 (which deals with reduction of levies to avoid double payment) applies — the amount of levy determined under that section, and the calculations by which that amount is determined;(l) the total amount of levy imposed, calculated by adding together the amounts referred to in paragraphs (i) and (k);
(m) if subsection 8 (3) of the Levy (No. 1) Act applies (which deals with the maximum amount of levy imposed) — the maximum amount, within the meaning of that subsection, of the levy imposed on the prescribed exporter for the financial year by paragraph 5 (1) (c) of that Act, and the calculations by which that amount is determined;
(n) if subsection 8 (4) of the Levy (No. 1) Act applies (which deals with whether levy has been paid, or is payable, under section 8 of the Levy (No. 2) Act) — the amount of levy paid, or payable, for the financial year under section 8 of the Levy (No. 2) Act;
(o) the amount of acquisition offset levy payable (if any) for the financial year;
(p) the adjusted amount of acquisition offset levy for the financial year, calculated in accordance with the formula set out in subsection 109A (2) of the
Dairy Produce Act 1986 .
(1) A return relating to exported dairy produce that is subsequently imported into Australia in the same form, or substantially the same form, as it was exported must:
(a) set out the particulars described in subregulation (2); and
(b) include a declaration, signed by the person lodging the return, that the information is correct in every material particular; and
(c) be lodged at the office of the Secretary, or a collecting organisation.
(2) The following particulars must be included in the return:
(a) the full name and business or residential address of the person lodging the return (not being the address of a post office box or post office bag);
(b) the full name and address of the producer (not being the address of a post office box or post office bag);
(c) if the producer, or the person lodging the return, has a post office box or post office bag address — that address;
(d) the levy year to which the return relates;
(e) the name and address of any related company;
(f) the type of dairy produce imported;
(g) the quantity, in kilograms, of each type of dairy produce imported;
(h) the milk fat content, as a percentage of the imported dairy produce;
(i) the protein content, as a percentage of the imported dairy produce;
(j) the name and address of the person who exported the dairy produce;
(k) the total amount of levy payable, calculated at the milk fat rate on the milk fat content of the dairy produce;
(l) the total amount of levy payable, calculated at the protein rate on the protein content of the dairy produce;
(m) the amount that is the sum of the total amounts referred to in paragraphs (k) and (l).
A first purchaser of relevant dairy produce in a month must keep records that contain the following information about relevant dairy produce processed by, or delivered to, the first purchaser in the month:
(a) the name of each person from whom the relevant dairy produce was obtained;
(b) in relation to each supplier — the quantity of market milk processed by, or delivered to, the first purchaser;
(c) if known — the milk fat content, as a percentage of market milk processed, or delivered;
(d) if known — the protein content, as a percentage of market milk processed, or delivered;
(e) the total amount of levy payable, calculated at the milk fat rate on the milk fat content of market milk processed, or delivered;
(f) the total amount of levy payable, calculated at the protein rate on the protein content of market milk processed, or delivered;
(g) the total amount of levy payable, calculated at the milk fat rate on the milk fat content of each kind of market milk produce processed, or delivered;
(h) the total amount of levy payable, calculated at the protein rate on the protein content of each kind of market milk produce processed, or delivered.
Penalty: 10 penalty units.
A manufacturer who produces relevant dairy produce must keep records in a month that contain the following information about the relevant dairy produce:
(a) the name of each person from whom the relevant dairy produce was obtained;
(b) the quantity of market milk processed by, or delivered to, the manufacturer;
(c) if known — the milk fat content, as a percentage of market milk processed, or delivered;
(d) if known — the protein content, as a percentage of market milk processed, or delivered;
(e) the total amount of levy payable, calculated at the milk fat rate on the milk fat content of market milk processed, or delivered;
(f) the total amount of levy payable, calculated at the protein rate on the protein content of market milk processed, or delivered;
(g) the total amount of levy payable, calculated at the milk fat rate on the milk fat content of each kind of market milk produce processed, or delivered;
(h) the total amount of levy payable, calculated at the protein rate on the protein content of each kind of market milk produce processed, or delivered;
(i) in relation to relevant dairy produce exported by the manufacturer, or manufactured by the manufacturer and exported by another person:
(i) the milk fat content, as a percentage of the relevant dairy produce exported; and
(ii) the protein content, as a percentage of the relevant dairy produce exported; and
(iii) the trade description and code of each item exported; and
(iv) the quantity, in kilograms, of each item exported; and
(v) the export clearance number for each item exported; and
(vi) the date of shipment of each item exported.
Penalty: 10 penalty units.
Each of the following persons must keep records, in a levy year, that contain the information required to be given in the person’s return for that year:
(a) a prescribed exporter, or a related company, who imports dairy produce into Australia;
(b) a prescribed exporter, or related company, who acquires dairy produce that has been imported into Australia;
(c) an importer into Australia of dairy produce that:
(i) was exported from Australia; and
(ii) is in the same form, or substantially the same form, as it had when exported.
Penalty: 10 penalty units.
A person who is required to keep records in relation to dairy produce or relevant dairy produce must retain the records for 5 years after the day that is the later of:
(a) the last day for lodging a return; or
(b) the last day for payment of a levy.
Penalty: 10 penalty units.
The Primary Industries Levies and
Charges Collection (Dairy) Regulations (in force under the
1995 No. 212 | 30 June 1995 | 1 July 1995 | |||||
1996 No. 126 | 28 June 1996 | 1 July 1995 | R. 7 | ||||
1997 No. 189 | 1 July 1997 | 1 July 1997 | — | ||||
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 4.......................................... | am. 1996 No. 126; 1997 No. 189 |
R. 10........................................ | am. 1997 No. 189 |
R. 11........................................ | am. 1997 No. 189 |
R. 15........................................ | am. 1996 No. 126 |
R. 16........................................ | am. 1996 No. 126 |
R. 17........................................ | am. 1996 No. 126; 1997 No. 189 |
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