Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2003 (No. 2) (Cth)

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2003 (No. 2)1

Statutory Rules 2003 No. 992

I, GUY STEPHEN MONTAGUE GREEN, Administrator 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 28 May 2003

G. S. M. GREEN

Administrator

By His Excellency’s Command

JUDITH TROETH

Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

Contents

1Name of Regulations

These Regulations are the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2003 (No. 2).

2Commencement

These Regulations commence as follows:

1. (a)

   on gazettal — regulations 1 to 3 and Schedule 1;

2. (b)

   on 1 July 2003 — Schedule 2.

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

Schedules 1 and 2 amend the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998.

Schedule 1Amendments commencing on gazettal

(regulation 3)

  

[1]Subregulations 81 (1) and (2)

omit

monthly

insert

quarterly

[2]Paragraphs 154 (a) and (b)

omit

cents

insert

of a cent

[3]Paragraphs 155 (a) and (b)

omit

cents

insert

of a cent

[4]Subregulation 239 (5)

omit

4.7 cents

insert

8 cents

[5]Subregulation 239A (1)

omit

regulation 240:

insert

regulations 240 and 241:

[6]Subregulation 240 (2), at the foot

insert

Note 1 NRS excise levy is not imposed on a sale of lambs if the sale price per head of the lambs is less than $5 per head — see paragraph 239B (a).

Note 2 The rate mentioned in subregulation (2) is the operative rate. The maximum rate is 8 cents per head — see subclause 3 (1) of Schedule 15 to the NRS Excise Levy Act.

Note 3 During the period 1 July 2000 to 15 November 2001 (inclusive) the rate of levy prescribed by subregulation (2) was halved — see subregulation 240 (3), as in force on 15 November 2001.

[7]Subregulation 240 (3), including the notes

omit

[8]Subregulation 240 (4)

omit

(1), (2) or (3)

insert

(1) or (2)

[9]Subregulations 241 (2) and (3)

substitute

1. (2)

   For a sale of lambs in which the sale price of the lambs is more than $75 per head, the rate of levy for paragraph 3 (1) (a) of Schedule 15 to the NRS Excise Levy Act is 8 cents per head.

2. (3)

   For paragraph 3 (1) (b) of Schedule 15 to the NRS Excise Levy Act, the rate of levy for a delivery or slaughter of lambs mentioned in paragraph 2 (1) (b), (c) or (d) of that Schedule is 4.7 cents per head.

Note 1 During the period 1 September 1999 to 15 November 2001 (inclusive) the rate of levy prescribed by this regulation on certain lamb transactions and on a delivery or slaughter of lambs mentioned in paragraph 2 (1) (b), (c) or (d) of Schedule 15 to the NRS Excise Levy Act was halved — see subregulation 241 (3), as in force on 15 November 2001.

Note 2 Regulation numbers 242–246 intentionally not used.

Schedule 2Amendments commencing on 1 July 2003

(regulation 3)

[1]Regulation 228, notes 1 and 2

substitute

Note The NRS Excise Levy Act allows the regulations to prescribe levy rates for ratites (maximum $5.00 per head) — see subclauses 3 (1) and (2) of Schedule 14 to that Act. At present, rates are prescribed only for ostriches and emus.

[2]After regulation 228

insert

229Rate of NRS excise levy on slaughter of emus (NRS Excise Levy Act, Schedule 14, subclause 3 (1))

The rate of NRS excise levy on the slaughter of emus is $1.25 per head.

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, 60 and 292; 2003 No. 15.

2. Notified in the Commonwealth of Australia Gazette on 30 May 2003.