Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2002 (No. 2) (Cth)

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2002 (No. 2)1

Statutory Rules 2002 No. 2922

I, PETER JOHN HOLLINGWORTH, 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, the National Residue Survey (Customs) Levy Act 1998 and the National Residue Survey (Excise) Levy Act 1998.

Dated 27 November 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

JUDITH TROETH

Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

1Name of Regulations

These Regulations are the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2002 (No. 2).

2Commencement

These Regulations commence on 1 January 2003.

3Amendment of Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998

Schedule 1 amends the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 154

substitute

154Rate of NRS customs levy

For subclause 5 (1) of Schedule 4 to the NRS Customs Levy Act the rate of NRS customs levy on macadamia nuts is:

1. (a)

   for macadamia nuts in shell — 0.2 cents per kilogram of consigned mass exported;

Note Consigned mass and in shell are defined for macadamia nuts in clause 10.2 of Schedule 22 to the Collection Regulations.

1. (b)

   for dried kernels of macadamia nut — 0.63 cents per kilogram of dried kernel exported.

Note 1 That rate is the operative rate. Subclause 5 (2) of Schedule 4 to the NRS Customs Levy Act is as follows:

‘(2) If the Australian Statistician has published an average annual unit gross value in relation to a class of eligible horticultural products for the first 3 of the 4 immediately preceding financial years, the rate of National Residue Survey Levy imposed by this Schedule in the current financial year in relation to products in that class must not exceed 2% of the average of those values.’.

Note 2 Dried kernel is defined for macadamia nuts in clause 10.2 of Schedule 22 to the Collection Regulations.

Note 3 The rate for dried kernels is determined by the formula:

Rate for dried kernels = 7.8 cents / (MCR x TKRR); where the moisture conversion rate (MCR) = .93264 and the total kernel recovery rate (TKRR) = .3403.

The moisture conversion rate is the fraction:

and the total kernel recovery rate is the average industry recovery rate for three seasons, both rates as determined by the Australian Macadamia Society Limited.

[2]Regulation 155

substitute

155Rate of NRS excise levy

For subclause 9 (1) of Schedule 9 to the NRS Excise Levy Act the rate of NRS excise levy on macadamia nuts is:

1. (a)

   for macadamia nuts in shell — 0.2 cents per kilogram of consigned mass;

Note Consigned mass and in shell are defined for macadamia nuts in clause 10.2 of Schedule 22 to the Collection Regulations.

1. (b)

   for dried kernels of macadamia nut — 0.63 cents per kilogram of dried kernel.

Note 1 That rate is the operative rate. Subclause 9 (2) of Schedule 9 to the NRS Excise Levy Act is as follows:

‘(2) If the Australian Statistician has published an average annual unit gross value in relation to a class of eligible horticultural products for the first 3 of the 4 immediately preceding financial years, the rate of National Residue Survey Levy imposed by this Schedule in the current financial year in relation to products in that class must not exceed 2% of the average of those values.’.

Note 2 Dried kernel is defined for macadamia nuts in clause 10.2 of Schedule 22 to the Collection Regulations.

Note 3 The rate for dried kernels is determined by the formula:

Rate for dried kernels = 7.8 cents / (MCR x TKRR); where the moisture conversion rate (MCR) = .93264 and the total kernel recovery rate (TKRR) = .3403.

The moisture conversion rate is the fraction:

and the total kernel recovery rate is the average industry recovery rate for three seasons, both rates as determined by the Australian Macadamia Society Limited.

Notes

1. These Regulations amend Statutory Rules 1998 No. 147, as amended by 1998 Nos. 182, 245 and 316; 1999 Nos. 24, 179, 214 and 269; 2000 Nos. 134, 240, 285 and 323; 2001 Nos. 115, 136, 218 and 259; 2002 Nos. 50 and 60.

2. Notified in the Commonwealth of Australia Gazette