Primary Industries Levies and Charges Collection (Grain Legumes) Regulations (Amendment) (Cth)

Statutory Rules 1992

No. 378 1

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Primary Industries Levies and Charges Collection (Grain Legumes) 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 and the Grain Legumes Levy Act 1985.

 Dated 23 November 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

SIMON CREAN

Minister of State for Primary Industries and Energy

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1.   Amendment

1.1   The Primary Industries Levies and Charges Collection (Grain Legumes) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.]

2.   Regulation 3 (Interpretation)

2.1   Insert the following definition:

“‘pool’ means a pool of a particular variety, quality or grade of grain legumes established by an organisation marketing grain legumes;”.

3.   New regulations 3a and 3b

3.1   After regulation 3, insert:

Processor—prescribed product

 “3a. Leviable grain legumes are declared to be a product to which paragraph (a) of the definition of ‘processor’ in subsection 4 (1) of the Collection Act applies.

What is the value of leviable grain legumes?

 “3b. (1)  For the purposes of the definition of ‘value’ in subsection 4 (1) of the Levy Act, the value of leviable grain legumes is:

• (a)

  in the case of grain legumes in a pool—the total amount paid for the grain legumes; or

• (b)

  in the case of grain legumes not in a pool:

  • (i)

    the sale price of the grain legumes determined by reference to sales invoices or other sales documents relating to the grain legumes; or

  • (ii)

    if there are no relevant sales invoices or other documents—the amount that would constitute the sale price of the grain legumes if they had been sold at the market price prevailing on the day the levy payable for the grain legumes became due for payment under regulation 5.

“(2)

The value of leviable grain legumes is to be net of handling, storage, transport and f.o.b. costs.”.

4.   New regulation 5a

4.1   After regulation 5, insert:

What is a process

 “5a. For the purposes of the definition of ‘process’ in subsection 4 (1) of the Collection Act, the following operations are prescribed in relation to grain legumes:

• (a)

  treatment with a pesticide or another preserving agent before or during storage; and

• (b)

  grading solely for seed purposes.”.

5.   Regulation 7 (When must a quarterly return be lodged?)

5.1   Regulation 7:

Omit the regulation, substitute:

When must a quarterly return be lodged?

“7.

(1) A quarterly return by a producer must be lodged within 28 days after the end of:

• (a)

  the quarter in a levy year in which the levy payable for the leviable grain legumes (except leviable grain legumes to which subsection 9 (2) or (3) of the Levy Act applies) exported or processed by, or for, the producer reaches the leviable amount; and

• (b)

  each subsequent quarter in which leviable grain legumes are exported or processed in that levy year.

“(2)

A quarterly return by a receiver or first purchaser must be lodged within 28 days after the end of:

• (a)

  the quarter in a levy year in which the levy payable for the leviable grain legumes delivered to the receiver or first purchaser reaches the leviable amount; and

• (b)

  each subsequent quarter in which leviable grain legumes are delivered in that levy year.”.

6.   Regulation 8 (What must be included in a quarterly return?)

6.1   Paragraphs 8(2) (d), (e), (f) and (g):

Insert “and value” after “quantity”, wherever occurring.

6.2   Paragraphs 8 (2) (f) and (g):

Omit “weight of”, substitute “levy payable for the”.

6.3   Paragraphs 8 (2) (f) and (g):

Omit “leviable weight”, substitute “leviable amount”.

6.4   Paragraph 8 (2) (h):

Omit “on those quantities”.

7.   Regulation 9 (Records to be kept)

7.1   Insert “and value” after “quantity”, wherever occurring.

7.2   Subregulation 9 (1):

Add at the end “and the person from whom those leviable grain legumes were received or purchased”.

7.3   Subregulation 9 (2):

Omit “or cause to the kept,”, substitute “or cause to be kept,”.

8.   Transition—value of leviable grain legumes

8.1   In spite of the amendment effected by regulation 3 of these Regulations, for the quarter ending on 31 December 1992 the value of leviable grain legumes for the purposes of the definition of “value” in subsection 4 (1) of the Levy Act is the amount worked out using the following formula:

value  =  weight  x  amount

where:

“amount” means the amount specified in column 3 in relation to a leviable grain legume specified in column 2 of an item in the following table:

Column 1 Item	Column 2 Leviable Grain Legume	Column 3 Amount
1	lupins	$125
2	field peas	$125
3	peanuts	$200
4	Vicia faba	$125
5	Cicer arietinum	$125
6	Vigna radiata	$125
7	Cajanus cajan	$125
8	Vigna mungo	$125
9	Phaseolus vulgaris	$500

“weight” means the weight in tonnes of the leviable grain legumes.

8.2 In this regulation, “quarter” and “Levy Act” have the same respective meanings as they have in the Primary Industries Levies and Charges Collection (Grain Legumes) Regulations.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 November 1992.

2. Statutory Rules 1991 No. 184.