Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Note is not part of the Regulations and does not have any legal force. It is intended only to be helpful in reading these regulations, not to take the place of them or the Acts.
2. The National Residue Survey is a program to monitor, and report on, the level of contaminants in food products produced in Australia, or exported from Australia. The program is funded by levies on the food products.
3. There are 3 Acts that set up the Scheme—the
4. NRS customs levies are imposed on the export of a commodity, and NRS excise levies are imposed on a commodity, or transactions in or the use of the commodity, within Australia. In this Guide the distinctions between the imposition of a levy on the export of a commodity, and the imposition of a levy on a transaction in a commodity, or on the commodity itself, are ignored for the sake of clearness.
5. These Regulations set out certain matters necessary for the administration of the levies that fund the National Residue Survey scheme.
6. These Regulations are divided into 18 Parts—a preliminary Part dealing with general matters and definitions, and other Parts each dealing with a commodity or a class of commodities. If a commodity is subject to levies under both the NRS Customs Levy Act and the NRS Excise Levy Act, there is only 1 Part for it in these regulations, but matters specifically connected with the customs levy are in separate provisions from matters specifically connected with the excise levy. For an example, see Part 3, covering both customs levy on cattle export under the NRS Customs Levy Act, and excise levy on cattle transactions under the NRS Excise Levy Act.
7. Each Part contains a reference to the relevant Schedule of the NRS Customs Levy Act or the NRS Excise Levy Act or both.
8. If either the NRS Customs Levy Act or the NRS Excise Levy Act imposes a levy on a whole class of commodities (for example, horticultural products), the relevant Part may be divided into Divisions—that is, there will be a preliminary Division dealing with general matters and then 2 or more Divisions dealing with the separate commodities in the class.
9. Both Acts allow these Regulations to prescribe other commodities that are to be subject to a levy. (For example, see Schedule 4 to the NRS Customs Levy Act and Schedule 9 to the NRS Excise Levy Act, both of which deal with kinds of horticultural products, such as fruit and vegetables.) Part 11 of these Regulations deals with horticultural products, and Division 8 of that Part deals with macadamia nuts, which are prescribed for both Schedules. So far, no other commodities have become subject to a levy by regulation.
10. A block of regulation numbers is left unused after that Division for possible insertion of Divisions dealing with other commodities, but this should not itself be taken as an indication that it is intended to prescribe any other commodities.
11. See the Table of Provisions for the complete layout of the Regulations.
12. The levy rates for most commodities are set out in the relevant Acts. The rate that is actually payable on a commodity is called the operative rate for the commodity. However, both Acts allow the rates to be varied by Regulations, and there are some commodities for which the Acts do not set a levy rate but provide for it to be set by Regulations. The Acts always set a maximum rate for a commodity—Regulations cannot provide for an operative levy rate greater than the maximum rate.
13. If the operative rate for a commodity is still that set by an Act, these Regulations contain a note giving the rate and where in the Act it is set. Therefore, the operative rates for all commodities are found in these Regulations even if they are actually set by the Act.
14. Note that if these Regulations have only a note about the operative rate for a commodity, regulation numbers are left unused for the later insertion of a regulation or regulations setting an operative rate. (This is to avoid the need to use a number like “19A”.) The gap in the numbers is signalled by a note. For example:
“Note 1: The operative rate of NRS excise levy on coarse grains is 0.015% (maximum rate 0.03%) of the value of the grain—see subclause 6 (1) of Schedule 2 to the NRS Excise Levy Act.
Note 2: Regulation number 36 intentionally not used.”.
Reservation of numbers in this way is not an indication that a levy rate will ever be increased.
15. The Act that sets out the basic reporting and levy‑collection arrangements for all levies on primary products is called the
16. These Regulations are not necessarily self‑contained for each commodity. If a commodity is subject to an NRS levy but not to any other levy, the whole of the reporting and levy‑collection arrangements for the commodity will be in these Regulations.
17. However, for commodities that are subject to a levy or charge under another Act, as well as being subject to NRS levy, there will be other regulations that set out what the levy year is, what the reporting requirements are, and other matters required for the Collection Act. Those regulations are contained in the
19. Many provisions of these Regulations also contain references to certain provisions of the Collection Act itself (apart from the penalties mentioned above). Those provisions are the definitions of
20. The effect of a reference to the definition of
21. A reference to section 7 of the Collection Act applies one or other subsections of that section to a commodity. The effect of doing so is that an intermediary of a class specified in the applied subsection (for example, a selling agent) becomes liable to pay NRS levy on the commodity on behalf of his or her principal.
These Regulations are the
Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 .
In these Regulations:
Collection Act means thePrimary Industries Levies and Charges Collection Act 1991 .
Collection Regulations means thePrimary Industries Levies and Charges Collection Regulations 1991 .
Customs Charges Act means thePrimary Industries (Customs) Charges Act 1999 .
Excise Levies Act means thePrimary Industries (Excise) Levies Act 1999 .
NRS Customs Levy Act means theNational Residue Survey (Customs) Levy Act 1998 .
NRS Excise Levy Act means theNational Residue Survey (Excise) Levy Act 1998 .
NRS customs levy means levy imposed by the NRS Customs Levy Act.
NRS excise levy means levy imposed by the NRS Excise Levy Act.
Secretary means the Secretary to the Department.Note 1:
Department means the Department administering these Regulations—see section 19A of theActs Interpretation Act 1901 as it applies because of section 13 of theLegislation Act 2003 .Note 2: For these Regulations, the Secretary’s postal address is:
The Secretary
Agriculture, Fisheries and Forestry – Australia
Locked Bag 4488
KINGSTON ACT 2604
See the Collection Regulations, regulation 8.
Note 3: Other terms may be defined in a Part or Division of these Regulations for that Part or Division only.
(1) Despite section 177‑12 of the
A New Tax System (Goods and Services Tax) Act 1999 , a reference in these Regulations to the price or sale price of a product, or the amount paid for a product, is taken not to include the net GST that would otherwise be included in that price, sale price or amount.(2) In this regulation:
net GST has the same meaning as in theA New Tax System (Goods and Services Tax) Act 1999 .
These Regulations are incorporated, and must be read as one, with the Collection Regulations.
Note 1: The Collection Regulations are Statutory Rules 1991 No. 196, as amended by Statutory Rules 1991 No. 439, 1992 No. 228, 1997 No. 208 and 1999 No. 303.
Note 2: The Collection Regulations are made up of general provisions and Schedules. Schedule 1 is the form of a warrant. The other Schedules contain the collection details for primary industry commodities on which levy or charge is imposed.
(1) In this Part:
preserved , for an aquatic animal, means prepared for human consumption by any means, including:
(a) chilling;
(b) freezing;
(c) drying;
(d) sealing in an airtight container;
(e) salting;
(f) putting in brine;
(g) smoking;
(h) cooking by steaming or boiling in water.
quarter means the period of 3 months ending on the last day of March, June, September or December in a year.
(2) For this Part, the period beginning on 1 August 1998 and ending on 30 September 1998 is taken to be a quarter.
(3) For this Part, a class of aquatic animals includes aquatic animal products produced from aquatic animals of that class.
(4) An expression used in both this Part and Schedule 1 to the NRS Customs Levy Act has the same meaning in this Part as in the Schedule.
(1) The levy year for aquatic animals and aquatic animal products is a financial year.
Note:
Financial year means a period of 12 months commencing on 1 July—seeActs Interpretation Act 1901 , s 22(1)(e).(2) For this Part and the Collection Act, the period beginning on 1 August 1998 and ending on 30 June 1999 is taken to be a levy year for aquatic animals and aquatic animal products.
Aquatic animals and aquatic animal products are prescribed products for paragraph (g) of the definition of
producer in subsection 4(1) of the Collection Act.
Aquatic animals and aquatic animal products are prescribed products for subsection 7(3) of the Collection Act.
For subclause 3(1) of Schedule 1 to the NRS Customs Levy Act, the rates of NRS customs levy on the export of aquatic animals of a particular class are as set out in the following table:
1 | Fin fish | 0.00 |
2 | Abalone | 0.00 |
3 | Other crustaceans and molluscs | 0.00 |
4 | Any other aquatic animal | 0.00 |
NRS levy for the export of aquatic animals or aquatic animal products is payable on the last day for giving the Secretary a return about the export.
Note: For penalty, see s 15 of the Collection Act.
(1) A person who, in a quarter, exports aquatic animals or aquatic animal products must give the Secretary a quarterly return for that quarter.
(2) However, for a quarter beginning on or after 1 July 1999, a person need not give the Secretary a quarterly return if:
(a) the person has applied for exemption for the year and the Secretary has not made a decision about the application; or
(b) the Secretary has given the person an exemption for the year, or has continued the person’s exemption; or
(c) the Secretary must decide whether to continue the person’s exemption, and the Secretary has not continued the exemption.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(1) This regulation applies to a person if there are reasonable grounds for believing that the person is likely to export less than 40,000 kilograms of aquatic animals or aquatic animal products in a levy year.
(2) The person may apply to the Secretary for exemption from having to give the Secretary quarterly returns in that levy year.
An application for an exemption for a levy year must set out:
(a) the applicant’s full name and business address or residential address (other than a post office box or bag address); and
(b) if the applicant has a post office box or bag address—that address; and
(c) if the applicant is a company—its Australian Company Number; and
(d) a statement that the applicant is, or may become, liable to pay NRS levy on the export of aquatic animals or aquatic animal products for the levy year; and
(e) a statement that the applicant believes that the applicant is likely to export less than 40,000 kilograms of aquatic animals or aquatic animal products in the levy year.
Within 21 days after a person applies for an exemption, the Secretary must:
(a) decide whether to give the person the exemption; and
(b) tell the person, in writing, the decision.
Within 21 days after a person who has an exemption for a levy year gives the Secretary an annual return for the year, the Secretary must:
(a) decide whether to continue the exemption for the following levy year; and
(b) if the Secretary decides not to continue the exemption—tell the person, in writing, the decision.
When making a decision under regulation 14 or 15, the Secretary must take into account:
(a) any information that is available to the Secretary about the amount of NRS levy that the applicant is likely to be required to pay for the levy year; and
(b) the amount of NRS levy payable by the applicant for the previous levy year.
A person must give the Secretary an annual return for a levy year if the person is exempt, under subregulation 11(2), from giving the Secretary quarterly returns in the levy year.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(1) A quarterly or annual return must be in the form of a declaration, including a statement that the information in it is correct in every material detail.
(2) A return must set out:
(a) the full name and business or residential address (not a post office box or bag address) of the person giving it; and
(b) if the person has a post office box or bag address—that address; and
(c) if the person is a company—its Australian Company Number; and
(d) the quarter or levy year the return is for; and
(e) how much fin fish (in kilograms) the person exported in the quarter or levy year; and
(f) how much abalone (in kilograms) the person exported in the quarter or levy year; and
(g) how much other crustaceans and molluscs (in kilograms) the person exported in the quarter or levy year; and
(h) how much of any other aquatic animals or aquatic animal products (in kilograms) the person exported in the quarter or levy year; and
(i) the amount of NRS levy payable by the person, for the quarter or levy year, on:
(i) the fin fish; and
(ii) the abalone; and
(iii) the other crustaceans and molluscs; and
(iv) the other aquatic animals or aquatic animal products (if any); and
(j) the total amount of NRS levy payable by the person on all aquatic animals or aquatic animal products for the quarter or levy year; and
(k) the amount of NRS levy paid by the person, for the quarter or levy year, on:
(i) the fin fish; and
(ii) the abalone; and
(iii) the other crustaceans and molluscs; and
(iv) the other aquatic animals or aquatic animal products; and
(l) the total amount of NRS levy paid by the person, for the quarter or levy year, on all aquatic animals and aquatic animal products.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(1) A person who must give the Secretary a return for a quarter must do so within 28 days after the end of the quarter.
(2) If the Secretary tells a person that the Secretary has not given the person an exemption, or continued the person’s exemption, for a levy year, the person must give the Secretary a quarterly return for each quarter of the year:
(a) for each quarter that ended before the person received the notice—within 28 days after receiving the notice; and
(b) for each other quarter—no later than the 28th day of the month following the end of the quarter.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(3) The person must give the return to the Secretary by sending it to the Secretary’s postal address.
Note: For these Regulations, the Secretary’s postal address is:
The Secretary
Agriculture, Fisheries and Forestry – Australia
Locked Bag 4488
KINGSTON ACT 2604.
(1) A person who must give the Secretary an annual return for a levy year must do so on or before 31 July in the next levy year.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(2) The person must give the return to the Secretary by sending it to the Secretary’s postal address.
Note: For these Regulations, the Secretary’s postal address is:
The Secretary
Agriculture, Fisheries and Forestry – Australia
Locked Bag 4488
KINGSTON ACT 2604.
A person who, in a quarter or levy year, must pay NRS levy on the export of aquatic animals or aquatic animal products must keep records, for the quarter or levy year, setting out:
(a) how much fin fish (in kilograms) the person exported; and
(b) how much abalone (in kilograms) the person exported; and
(c) how much other crustaceans and molluscs (in kilograms) the person exported; and
(d) how much of any other aquatic animals or aquatic animal products (in kilograms) the person exported; and
(e) the amount of NRS levy payable on the fin fish; and
(f) the amount of NRS levy payable on the abalone; and
(g) the amount of NRS levy payable on the other crustaceans and molluscs; and
(h) the amount of NRS levy payable on the other aquatic animals or aquatic animal products; and
(i) the total amount of NRS levy payable on all aquatic animals or aquatic animal products; and
(j) the amount of NRS levy paid on the fin fish; and
(k) the amount of NRS levy paid on the abalone; and
(l) the amount of NRS levy paid on the other crustaceans and molluscs; and
(m) the amount of NRS levy paid on the other aquatic animals or aquatic animal products; and
(n) the total amount of NRS levy paid on all aquatic animals or aquatic animal products.
(1) A person must retain records for a quarter or levy year:
(a) for 5 years after the last day for giving the Secretary a return for the quarter or levy year, if the person gives the Secretary such a return within the time allowed by this Part to do so; or
(b) in any other case—for 5 years after the day on which a return for the quarter or levy year is actually given to the Secretary.
Penalty: 10 penalty units.
(2) An offence under subregulation (1) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
(1) A person may apply to the Administrative Review Tribunal for the review of a decision by the Secretary:
(a) under regulation 14, not to give an exemption; or
(b) under regulation 15, not to continue an exemption.
(2) A notice under regulation 14 or 15 about a decision must include a statement that a person whose interests are affected by the decision may, under section 268 of the
Administrative Review Tribunal Act 2024 , request a statement of reasons (within the meaning of that Act).(3) However, subregulation (2) does not apply if subsection 269(7) of that Act applies.
(4) A failure to comply with subregulation (2) about a decision does not make the decision invalid.
A person who, under the Primary Industries Levies and Charges Collection (National Residue Survey—Aquatic Animal Export) Regulations (as in force on 2 July 1998), is required to lodge a return about a period that includes 1 and 2 July 1998 is taken to have complied with the requirement if the person includes the information required by those regulations in a return given to the Secretary under this Part.
For subclause 2(2) of Schedule 1 to the NRS Customs Levy Act, National Residue Survey Levy is not imposed if the aquatic animal or aquatic animal product:
(a) is used as bait in fishing or trapping and is not for human consumption; or
(b) is the product of another country and is imported into Australia for further processing; or
(c) is not an aquatic animal or aquatic animal product to which Schedule 1A applies.
(1) An expression used in both this Part and Schedule 2 to the NRS Customs Levy Act has the same meaning in this Part as in that Schedule.
(2) An expression used in both this Part and Schedule 1 to the NRS Excise Levy Act has the same meaning in this Part as in that Schedule.
(3) An expression used in both this Part and Schedule 6 to the Collection Regulations (for NRS customs levy) or Schedule 7 to the Collection Regulations (for NRS excise levy) has the same meaning in this Part as in that Schedule.
This Part is incorporated, and must be read as one, with Schedule 6 to the Collection Regulations (for NRS customs levy) and Schedule 7 to the Collection Regulations (for NRS excise levy).
(1) For paragraph 2(2)(h) of Schedule 1 to the NRS Excise Levy Act, NRS excise levy is not imposed on the slaughter of cattle (other than lot‑fed cattle) by a producer, or by a person on behalf of a producer, if:
(a) the cattle are slaughtered for consumption:
(i) by the producer, members of the producer’s household or the producer’s employees; and
(ii) on premises owned or occupied by the producer; and
(b) the cattle are slaughtered on premises owned or occupied by the producer; and
(c) immediately before the slaughter the cattle were owned by the producer and kept on the premises; and
(d) there is no sale or other transaction transferring ownership of the cattle, or any part or product of the carcase of the cattle, before, during or after the slaughter.
(2) For paragraph 2(2)(h) of Schedule 1 to the NRS Excise Levy Act, NRS excise levy is not imposed on a transaction in the following circumstances:
(a) the transaction was entered into during the period starting on 23 February 2009 and ending at the end of 27 February 2009;
(b) the proceeds from the transaction have been donated to a fund or organisation endorsed by the Australian Taxation Office to receive tax deductible gifts;
(c) an amount equivalent to the amount of levy that would have been imposed on the transaction if this subregulation did not apply has also been donated to the fund or organisation;
(d) the donation is to be used to assist the 2009 Victorian bushfire victims or the 2009 North Queensland flood victims.
(3) For the purposes of paragraph 2(2)(h) of Schedule 1 to the NRS Excise Levy Act, NRS excise levy is not imposed on a transaction entered into by which the ownership of cattle is transferred from one person to another if the cattle are not in Australia at the time that transfer occurs.
(4) For the purposes of paragraph 2(2)(h) of Schedule 1 to the NRS Excise Levy Act, NRS excise levy is not imposed on the sale of cattle if the transfer of ownership of the cattle occurs:
(a) immediately before they are loaded, or during the period they are loaded, on a ship or aircraft in which they are intended to be exported; or
(b) while they are on board a ship or aircraft in which they are intended to be exported.
For subclause 3(1) of Schedule 2 to the NRS Customs Levy Act, the rate of NRS customs levy on the export of each head of cattle (other than a chargeable bobby calf) is 29 cents.
Note: The operative rate of NRS customs levy for bobby calves is 26 cents (maximum rate 35 cents) per head (see subclause 3(2) of Schedule 2 to the NRS Customs Levy Act).
(1) For paragraph 3(1)(c) of Schedule 1 to the NRS Excise Levy Act, the rate of NRS excise levy for each head of cattle (other than a head of lot‑fed cattle or a leviable bobby calf) is 29 cents.
(2) For paragraph 3(1)(ca) of Schedule 1 to the NRS Excise Levy Act, the rate of NRS excise levy for each head of lot‑fed cattle is 29 cents.
Note: The operative rate of NRS excise levy for bobby calves is 26 cents (maximum rate 35 cents) per head (see paragraph 3(1)(d) of Schedule 1 to the NRS Excise Levy Act).
(1) NRS customs levy on the export of cattle is due for payment on the last day for lodging a return for the export under Schedule 6 to the Collection Regulations.
(2) NRS excise levy on a cattle transaction is due for payment on the last day for lodging a return for the transaction under Schedule 7 to the Collection Regulations.
Note: For penalty for late payment, see s 15 of the Collection Act.
(1) A person who lodges a return under Schedule 6 to the Collection Regulations about the export of cattle must include in the return details of:
(a) how much NRS customs levy was payable on the export of the cattle; and
(b) how much NRS customs levy was paid on the export of the cattle.
(2) A person who lodges a return under Schedule 7 to the Collection Regulations must include in the return details of:
(a) how much NRS excise levy was payable on any transaction, delivery or slaughter of cattle on which NRS excise levy is imposed that is mentioned in the return, showing separately:
(i) NRS levy payable on any transaction by which the ownership of cattle was transferred; and
(ii) NRS levy payable on any delivery of cattle to a processor; and
(iii) NRS levy payable on any slaughter of cattle; and
(iv) total NRS levy payable on all the transactions, deliveries and slaughter; and
(b) how much NRS excise levy was paid on the transactions, deliveries or slaughter, showing separately:
(i) NRS levy paid on any transaction by which the ownership of cattle was transferred; and
(ii) NRS levy paid on any delivery of cattle to a processor; and
(iii) NRS levy paid on any slaughter of cattle; and
(iv) total NRS levy paid on all the transactions, deliveries and slaughter.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(1) A person who is liable to pay NRS customs levy on the export of cattle, and must keep records under Schedule 6 to the Collection Regulations about the export of cattle, must include in the records details of:
(a) how much NRS customs levy was payable on each consignment of cattle; and
(b) how much NRS customs levy was paid on each consignment of cattle.
(2) A person who is liable to pay NRS excise levy on transactions in, or the delivery or slaughter of, cattle and who must keep records under Schedule 7 to the Collection Regulations about those transactions, or that delivery or slaughter, must include in the records details of:
(a) how much NRS excise levy was payable on any transaction, delivery or slaughter of cattle on which NRS excise levy is imposed, showing separately:
(i) NRS levy payable on any transaction by which the ownership of cattle was transferred; and
(ii) NRS levy payable on any delivery of cattle to a processor; and
(iii) NRS levy payable on any slaughter of cattle; and
(iv) total NRS levy payable on all the transactions, deliveries and slaughter; and
(b) how much NRS excise levy was paid on any such transaction, delivery or slaughter, showing separately:
(i) NRS levy paid on any transaction by which the ownership of cattle was transferred; and
(ii) NRS levy paid on any delivery of cattle to a processor; and
(iii) NRS levy paid on any slaughter of cattle; and
(iv) total NRS levy paid on all the transactions, deliveries and slaughter.
A person who is required, under subregulation 34(3), 36(2), 38(2), 43(3) or 45(2) of the
Primary Industries Levies and Charges Collection (Buffalo, Cattle and Live‑stock) Regulations 1998 (as in force on 2 July 1998), to include information in a return about a period that includes 1 and 2 July 1998, is taken to have complied with the requirement if the person includes the information required by that subregulation in a return given to the Secretary under this Part.
(1) An expression used in both this Part and Schedule 2 to the NRS Excise Levy Act has the same meaning in this Part as in that Schedule.
(2) An expression used in both this Part and Schedule 8 to the Collection Regulations has the same meaning in this Part as in that Schedule.
For clause 1 of Schedule 2 to the NRS Excise Levy Act,
eligible coarse grain means maize or triticale.
In Schedule 2 to the NRS Excise Levy Act and this Part:
value of leviable coarse grain means its sale value as defined in clause 2 of Schedule 4 to thePrimary Industries (Excise) Levies Regulations 1999 .Note 1: Clause 1 of Schedule 2 to the NRS Excise Levy Act provides that
value means sale value ascertained in accordance with the Regulations.Note 2: Clause 2 of Schedule 4 to the
Primary Industries (Excise) Levies Regulations 1999 is as follows:
2 What is the sale value of leviable coarse grain
(1) In this clause:
grain means leviable coarse grain.
(2) For the definition of
value in clause 1 of Schedule 4 to the Excise Levies Act, thesale value of grain is:
(a) for grain for sowing—the amount that would be the sale price of the grain if it were not grain for sowing and if it had been sold at the market price on the day the grain was delivered as mentioned in paragraph 5(1)(a) of Schedule 4 to the Excise Levies Act; or
(b) for grain in a pool—the amount of each payment made for the grain; or
(c) in any other case:
(i) the sale price of the grain according to the sales invoices or other sales documents for the grain; or
(ii) if there are no sales invoices or sales documents for the grain—the amount that would be the sale price of the grain if it had been sold at the market price on the day the grain was delivered, or processed, as mentioned in subclause 5(1) of Schedule 4 to the Excise Levies Act.
(3) The value of grain is to be net of handling, storage, transport and f.o.b. costs.
Note 3:
Sale price is taken not to include net GST—see regulation 3A of these Regulations and regulation 3A of thePrimary Industries (Excise) Levies Regulations 1999 .
This Part is incorporated, and must be read as one, with Schedule 8 to the Collection Regulations.
Note: The operative rate of NRS excise levy on coarse grains is 0.015% (maximum rate 0.03%) of the value of the grain—see subclause 6(1) of Schedule 2 to the NRS Excise Levy Act.
For subclause 6(2) of Schedule 2 to the NRS Excise Levy Act, the rate of NRS excise levy for eligible coarse grain is 0.015% of the value of the grain.
NRS excise levy on leviable coarse grain for a quarter is due for payment on the last day for lodging a return for the quarter under Schedule 8 to the Collection Regulations.
Note: For penalty for late payment, see s 15 of the Collection Act.
A person who lodges a quarterly return under Schedule 8 to the Collection Regulations must include in the return details of:
(a) how much NRS excise levy was payable on the coarse grain the return is about, showing separately how much levy was payable on each kind of coarse grain; and
(b) how much NRS excise levy was paid on the coarse grain, showing separately how much levy was paid on each kind of coarse grain.
Note: For offences in relation to returns, see section 24 of the Collection Act.
A person who is liable to pay NRS excise levy on coarse grain in a quarter, and must keep records under Schedule 8 to the Collection Regulations, must include in the records details of:
(a) how much NRS excise levy was payable on the coarse grain, showing separately how much levy was payable on each kind of coarse grain; and
(b) how much NRS excise levy was paid on the coarse grain, showing separately how much levy was paid on each kind of coarse grain.
(1) An expression used in both this Part and Schedule 3 to the NRS Excise Levy Act has the same meaning in this Part as in the Schedule.
(2) An expression used in both this Part and Schedule 10 to the Collection Regulations has the same meaning in this Part as in the Schedule.
This Part is incorporated, and must be read as one, with Schedule 10 to the Collection Regulations.
Note 1: The operative rate of levy on
relevant dairy produce (that is, whole milk or a whole milk product—see clause 2 of Schedule 3 to the NRS Excise Levy Act) is $0 (maximum rate 0.5 cents) per kilogram of the total of the milk fat content and the protein content—see clause 3 of that Schedule.Note 2: Regulation number 42 intentionally not used.
NRS excise levy on dairy produce for a month is due for payment on the last day for lodging a return for the month under Schedule 10 to the Collection Regulations.
Note: For penalty for late payment, see section 15 of the Collection Act.
A person who lodges a return for a month under Schedule 10 to the Collection Regulations must include in the return details of:
(a) how much NRS excise levy was payable on the dairy produce the return is about; and
(b) how much NRS excise levy was paid on the dairy produce.
Note: For penalty, see section 24 of the Collection Act.
A person who is liable to pay NRS excise levy on dairy produce for a month, and must keep records under Schedule 10 to the Collection Regulations in respect of the month, must include in the records details of:
(a) how much NRS excise levy was payable on the dairy produce; and
(b) how much NRS excise levy was paid on the dairy produce.
(1) An expression used in both this Part and Schedule 4 to the NRS Excise Levy Act has the same meaning in this Part as in that Schedule.
(2) An expression used in both this Part and Schedule 14 to the Collection Regulations (for dried fruits) has the same meaning in this Part as in that Schedule.
(3) An expression used in both this Part and Part 9 of Schedule 22 to the Collection Regulations (for dried vine fruits) has the same meaning in this Part as in that Part.
(1) To the extent that this Part deals with dried tree fruits, it is incorporated, and must be read as one, with Schedule 14 to the Collection Regulations.
(2) To the extent that this Part deals with dried vine fruits, it is incorporated, and must be read as one, with Part 9 of Schedule 22 to the Collection Regulations.
Note 1: The operative rate of NRS Excise Levy on both dried tree fruits and dried vine fruits is $0.00 cents (maximum rate $1.00) per tonne—see subclause 4(1) of Schedule 4 to the NRS Excise Levy Act.
Note 2: Regulation numbers 48, 49, 50, 51 and 52 intentionally not used.
(1) NRS excise levy on dried tree fruits is due for payment on the last day for making a return about the dried fruits under Schedule 14 to the Collection Regulations.
(2) NRS excise levy on dried vine fruits is due for payment on the last day for making a monthly return about the fruits under Part 9 of Schedule 22 to the Collection Regulations.
Note: For penalty for late payment, see s 15 of the Collection Act.
A person who lodges a return under Schedule 14 to the Collection Regulations must include in the return details of:
(a) how much NRS excise levy was payable on the dried tree fruits the return is about; and
(b) how much NRS excise levy was paid on the fruits.
Note: For offences in relation to returns, see section 24 of the Collection Act.
A person who lodges a monthly return under Part 9 of Schedule 22 to the Collection Regulations must include in the return details of:
(a) how much NRS excise levy was payable on the dried vine fruits the return is about; and
(b) how much NRS excise levy was paid on the fruits.
Note: For offences in relation to returns, see section 24 of the Collection Act.
A person who is liable to pay NRS excise levy on dried fruit for a month, and must keep records under Schedule 14 to the Collection Regulations, must include in the records details of:
(a) how much NRS excise levy was payable on dried tree fruits for the month; and
(b) how much NRS excise levy was paid on dried tree fruits for the month.
A person who is liable to pay NRS excise levy on dried vine fruits for a month, and must keep records under Part 9 of Schedule 22 to the Collection Regulations, must include in the records details of:
(a) how much NRS excise levy was payable on dried vine fruits for the month; and
(b) how much NRS excise levy was paid on dried vine fruits for the month.
(1) In this Part:
return means a return given to the Secretary under regulation 64.
(3) An expression used in both this Part and Schedule 5 to the NRS Excise Levy Act has the same meaning in this Part as in the Schedule.
(1) The levy year for game animals is a financial year.
Note:
Financial year means a period of 12 months commencing on 1 July—seeActs Interpretation Act 1901 , s 22(1)(e).(2) For this Part and the Collection Act, the period beginning on 1 August 1998 and ending on 30 June 1999 is taken to be a levy year for game animals.
For paragraph (e) of the definition of
producer in subsection 4(1) of the Collection Act:
(a) game animals are prescribed; and
(b) if a game animal is processed at only 1 processing establishment—the proprietor of the establishment is taken to be the producer of the animal; and
(c) if a game animal is partly processed at each of 2 or more processing establishments—the proprietor of the processing establishment at which the animal was last processed is taken to be the producer of the animal.
(1) For subclause 3(1) of Schedule 5 to the NRS Excise Levy Act, the rate of NRS excise levy on the processing of pigs is 25 cents per carcase.
(2) For that subclause, the rate of NRS excise levy on the processing of kangaroos is 3.0 cents per carcase.
Note: The rates of NRS excise levy on other game animals are as follows (see subclause 3(1) of Schedule 5 to the NRS Excise Levy Act):
Goats | 3 cents per carcase | 40 cents per carcase |
Other game animals | 0 cents per carcase | 40 cents per carcase |
NRS excise levy on a game animal for a month is due for payment on the last day for giving the Secretary a return for the month.
Note: For penalty, see s 15 of the Collection Act.
If in a month a producer processes a game animal on which NRS excise levy is payable, the producer must give the Secretary a return for the month.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(1) A return must be in the form of a declaration, including a statement that the information in it is correct in every material detail.
(2) A return must set out:
(a) the full name and business or residential address of the producer (not a post office box or bag address); and
(b) if the producer has a post office box or bag address—that address; and
(c) if the producer is a company—its Australian Company Number; and
(d) if the full name or business address of the processing establishment of which the producer is proprietor is different to that of the producer:
(i) the processing establishment’s full name and business address (not a post office box or bag address); and
(ii) if the proprietor is a company—its Australian Company Number; and
(e) if the processing establishment has a post office box or bag address different to that of the producer—that address; and
(f) the month the return is for; and
(g) how many game animals on which NRS excise levy is payable were processed in the month, showing separately:
(i) how many pigs; and
(ii) how many goats; and
(iii) how many kangaroos; and
(iv) how many other game animals; and
(v) how many game animals in all; and
(h) how much NRS excise levy was payable on the animals, showing separately:
(i) how much on the pigs; and
(ii) how much on the goats; and
(iii) how much on the kangaroos; and
(iv) how much on the other game animals (if any); and
(v) the total on all the game animals; and
(i) how much NRS excise levy was paid on the animals, showing separately:
(i) how much on the pigs; and
(ii) how much on the goats; and
(iii) how much on the kangaroos; and
(iv) how much on the other game animals (if any); and
(v) the total on all the game animals.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(3) However, if a producer processed no game animals of a particular kind in a month, a return by the producer for that month need not state that no animals of that kind were processed, or that no NRS excise levy was payable or paid on them.
(1) A return for a month must be given to the Secretary on or before the 28th day of the next month.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(2) The return must be given to the Secretary by sending it to the Secretary’s postal address.
Note: For these Regulations, the Secretary’s postal address is:
The Secretary
Agriculture, Fisheries and Forestry – Australia
Locked Bag 4488
KINGSTON ACT 2604.
(1) A producer must keep a record for each month of:
(a) how many game animals on which NRS excise levy is payable are processed by the producer on each day of the month, showing separately:
(i) how many pigs; and
(ii) how many goats; and
(iii) how many kangaroos; and
(iv) how many other game animals; and
(b) how many game animals on which NRS excise levy is payable are processed by the producer during the month, showing separately:
(i) how many pigs; and
(ii) how many goats; and
(iii) how many kangaroos; and
(iv) how many other game animals.
Penalty: 10 penalty units.
(2) An offence under subregulation (1) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
(1) A person must retain records for a month:
(a) if the person gives the Secretary, within the time allowed by this Part to do so, a return for the month—for 5 years after the last day for giving the Secretary such a return; or
(b) in any other case—for 5 years after the day on which such a return is actually given to the Secretary.
Penalty: 10 penalty units.
(2) An offence under subregulation (1) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
A person who, under the Primary Industries Levies and Charges Collection (National Residue Survey—Game Animals) Regulations (as in force on 2 July 1998), is required to lodge a return about a period that includes 1 and 2 July 1998 is taken to have complied with the requirement if the person includes the information required by those Regulations in a return given to the Secretary under this Part.
(1) An expression used in both this Part and Schedule 6 to the NRS Excise Levy Act has the same meaning in this Part as in that Schedule.
(2) An expression used in both this Part and Schedule 19 to the Collection Regulations has the same meaning in this Part as in that Schedule.
For clause 1 of Schedule 6 to the NRS Excise Levy Act,
eligible grain legumes means any of the following:
(a) cow pea;
(b) faba, or broad, bean;
(c) lentil;
(d) mung bean;
(e) navy bean;
(f) pigeon pea;
(g) vetch.
In Schedule 6 to the NRS Excise Levy Act and this Part:
value of leviable grain legumes has the meaning given in clause 2 of Schedule 12 to thePrimary Industries (Excise) Levies Regulations 1999 .Note 1: Clause 1 of Schedule 6 to the NRS Excise Levy Act provides that
value means the value as worked out in accordance with the Regulations.Note 2: Clause 2 of Schedule 12 to the
Primary Industries (Excise) Levies Regulations 1999 is as follows:
2 What is the value of leviable grain legumes
(1) In this clause:
grain legumes means leviable grain legumes.
(2) For the definition of
value in clause 1 of Schedule 12 to the Excise Levies Act, the value of grain legumes is:
(a) for grain legumes for sowing—the amount that would be the sale price of the grain legumes if they were not grain legumes for sowing and if they had been sold at the market price on the day the grain legumes were delivered as mentioned in paragraph 5(1)(a) of Schedule 12 to the Excise Levies Act; or
(b) for grain legumes in a pool—the amount of each payment made for the grain legumes; or
(c) in any other case:
(i) the sale price of the grain legumes according to the sales invoices or other sales documents for the grain legumes; or
(ii) if there are no sales invoices or other sales documents for the grain legumes—the amount that would be the sale price of the grain legumes if they had been sold at the market price on the day the grain legumes were delivered, or processed, as mentioned in subclause 5(1) of Schedule 12 to the Excise Levies Act.
(3) The value of grain legumes is to be net of handling, storage, transport and f.o.b. costs.
Note 3:
Sale price is taken not to include net GST—see regulation 3A of these Regulations and regulation 3A of thePrimary Industries (Excise) Levies Regulations 1999 .
This Part is incorporated, and must be read as one, with Schedule 19 to the Collection Regulations.
Note: The operative rate of NRS excise levy on grain legumes is 0.015% (maximum rate 0.03%) of the value of the grain legumes—see subclause 6(1) of Schedule 6 to the NRS Excise Levy Act.
For subclause 6(2) of Schedule 6 to the NRS Excise Levy Act, the rate of NRS excise levy for eligible grain legumes is 0.015% of the value of the legumes.
Note: Regulation number 73 intentionally not used.
NRS excise levy on leviable grain legumes is due for payment on the last day for lodging a quarterly return for the legumes under Schedule 19 to the Collection Regulations.
Note: For penalty for late payment, see s 15 of the Collection Act.
A person who lodges a quarterly return under Schedule 19 to the Collection Regulations must include in the return details of:
(a) how much NRS excise levy was payable on the grain legumes the return is about, showing separately how much levy was payable on each kind of grain legume; and
(b) how much NRS excise levy was paid on the legumes, showing separately how much levy was paid on each kind of grain legume.
Note: For offences in relation to returns, see section 24 of the Collection Act.
A person who is liable to pay NRS excise levy on grain legumes for a quarter, and must keep records under Schedule 19 to the Collection Regulations, must include in the records details of:
(a) how much NRS excise levy was payable on the grain legumes, showing separately how much levy was payable on each kind of grain legume; and
(b) how much NRS excise levy was paid on the grain legumes, showing separately how much levy was paid on each kind of grain legume.
(1) An expression used in both this Part and Schedule 3 to the NRS Customs Levy Act has the same meaning in this Part as in that Schedule.
(2) An expression used in both this Part and Schedule 7 to the NRS Excise Levy Act has the same meaning in this Part as in that Schedule.
(3) An expression used in both this Part and Schedule 21 to the Collection Regulations has the same meaning in this Part as in that Schedule.
This Part is incorporated, and must be read as one, with Schedule 21 to the Collection Regulations.
(1) For subclause 2(5) of Schedule 7 to the NRS Excise Levy Act, a producer of honey is exempt from levy imposed by clause 2 of that Schedule on honey sold in a financial year by the producer by prescribed sale if the total weight of:
(a) that honey; and
(b) any honey used by the producer in that year in the production of other goods;
is more than 600 kilograms but not more than 1 500 kilograms.
Note: For other exemptions from this levy, see subclauses 2(2) to (4) of Schedule 7 to the NRS Excise Levy Act.
(2) For subclause 3(5) of Schedule 7 to the NRS Excise Levy Act, a producer of honey is exempt from levy imposed by clause 3 of that Schedule on honey used by the producer in a financial year in the production of other goods if the total weight of:
(a) that honey; and
(b) any honey sold in that year by the producer by prescribed sale;
is more than 600 kilograms but not more than 1 500 kilograms.
Note: For other exemptions from this levy, see subclauses 3(2) to (4) of Schedule 7 to the NRS Excise Levy Act.
For clause 3 of Schedule 3 to the NRS Customs Levy Act, the rate of NRS customs levy on honey is 0.3 cents per kilogram.
(1) For subclause 4(1) of Schedule 7 to the NRS Excise Levy Act, the rate of NRS excise levy on honey for sale is 0.3 cents per kilogram.
(2) For subclause 4(2) of Schedule 7 to the NRS Excise Levy Act, the rate of NRS excise levy on the use of honey in the production of other goods is 0.3 cents per kilogram.
(1) NRS customs levy on the export of honey is due for payment on the last day for lodging a quarterly return, or, if the person that is liable to pay the levy is exempt from lodging quarterly returns, the annual return, for the export under Schedule 21 to the Collection Regulations.
(2) NRS excise levy on honey is due for payment on the last day for lodging a quarterly return, or, if the person that is liable to pay the levy is exempt from lodging quarterly returns, the annual return, for the honey under Schedule 21 to the Collection Regulations.
Note: For penalty for late payment, see s 15 of the Collection Act.
(1) A person who lodges a return under Schedule 21 to the Collection Regulations must include in the return:
(a) to the extent that the return is about the export of honey—details of:
(i) how much NRS customs levy was payable on the export; and
(ii) how much NRS customs levy was paid on the export; and
(b) to the extent that the return is about honey sold or used in the production of other goods—details of:
(i) how much NRS excise levy was payable on the honey; and
(ii) how much NRS excise levy was paid on the honey.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(1) A person who is liable to pay NRS customs levy on the export of honey for a month, and must keep records under Schedule 21 to the Collection Regulations, must include in the records details of:
(a) how much NRS customs levy was payable on each export of honey; and
(b) how much NRS customs levy was paid on each export of honey.
(2) A person who is liable to pay NRS excise levy on honey for a month, and must keep records under Schedule 21 to the Collection Regulations, must include in the records details of:
(a) how much NRS excise levy was payable on the honey; and
(b) how much NRS excise levy was paid on the honey.
(1) In this Part:
return means a return given to the Secretary under regulation 91.
(3) An expression used in both this Part and Schedule 8 to the NRS Excise Levy Act has the same meaning in this Part as in the Schedule.
(1) The levy year for horse slaughter is a financial year.
Note:
Financial year means a period of 12 months commencing on 1 July—seeActs Interpretation Act 1901 , s 22(1)(e).(2) For this Part and the Collection Act, the period beginning on 1 August 1998 and ending on 30 June 1999 is taken to be a levy year for horse slaughter.
Paragraphs (a) and (b) of the definition of
processor in subsection 4(1) of the Collection Act apply to horses.
Paragraph 7(2)(b) of the Collection Act applies to horses.
For clause 2 of Schedule 8 to the NRS Excise Levy Act, the rate of NRS levy on the slaughter of horses is $5.00 per head.
NRS excise levy payable on horse slaughter is due for payment on the last day for giving the Secretary a return about the slaughter.
Note: For penalty for late payment, see s 15 of the Collection Act.
For paragraph (e) of the definition of
producer in subsection 4(1) of the Collection Act:
(a) horses are prescribed; and
(b) the person who owns the carcases of the horses immediately after slaughter is taken to be the producer of the horses.
A processor who slaughters horses for human consumption during a month must give the Secretary a return about the slaughter for the month.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(1) A return must be in the form of a declaration, including a statement that the information in it is correct in every material detail.
(2) A return must set out:
(a) the full name and business or residential address of the processor (not a post office box or bag address); and
(b) if the processor has a post office box or bag address—that address; and
(c) if the processor is a company—its Australian Company Number; and
(d) the full name and business address of the abattoir where the horses were slaughtered (not a post office box or bag address); and
(e) if the abattoir has its own post office box or bag address—that address; and
(f) the month the return is for; and
(g) how many horses were slaughtered at the abattoir in the month, showing separately:
(i) how many horses in all were slaughtered in the month; and
(ii) how many of those horses were condemned or rejected by an inspector as unfit for human consumption; and
(iii) how many of those horses were not condemned or rejected; and
(h) how much NRS excise levy was payable on the horses not condemned or rejected; and
(i) how much NRS excise levy was paid on the horses not condemned or rejected.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(1) A return for a month must be given to the Secretary before the end of the 28th day of the next month.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(2) The return must be given to the Secretary by sending it to the Secretary’s postal address.
Note: For these Regulations, the Secretary’s postal address is:
The Secretary
Agriculture, Fisheries and Forestry – Australia
Locked Bag 4488
KINGSTON ACT 2604.
(1) A processor who slaughters horses in a month must keep a record of:
(a) how many horses were slaughtered by the processor on each day of the month; and
(b) how many of those horses were condemned or rejected by an inspector as unfit for human consumption on each day of the month; and
(c) how many horses were slaughtered by the processor during the month; and
(d) how many of those horses were condemned or rejected by an inspector as unfit for human consumption during the month; and
(e) the name and address of each person who owned 1 or more of the carcases immediately after slaughter; and
(f) how much NRS excise levy was payable by each person; and
(g) how much NRS excise levy was payable on all the horses slaughtered in the month; and
(h) how much NRS excise levy was paid on all the horses slaughtered in the month.
Penalty: 10 penalty units.
(2) If a person who owns a carcase immediately after slaughter is not the processor, the owner must give his or her name and address to the processor if the processor asks the owner in writing to do so.
Penalty: 5 penalty units.
(3) An offence under subregulation (1) or (2) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
(1) A person must retain the records for a month:
(a) for 5 years after the last day for giving the Secretary a return for the month, if the person gives the Secretary such a return within the time allowed by this Part to do so; or
(b) in any other case—for 5 years after the day on which such a return is actually given to the Secretary.
Penalty: 10 penalty units.
(2) An offence under subregulation (1) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
A person who, under the Primary Industries Levies and Charges Collection (National Residue Survey—Horse Slaughter) Regulations (as in force on 2 July 1998), is required to lodge a return about a period that includes 1 and 2 July 1998 is taken to have complied with the requirement if the person includes the information required by those Regulations in a return given to the Secretary under this Part.
(1) An expression used in both this Part and Schedule 4 to the NRS Customs Levy Act has the same meaning in this Part as in the Schedule.
(2) An expression used in both this Part and Schedule 9 to the NRS Excise Levy Act has the same meaning in this Part as in the Schedule.
An expression used in both this Division and Part 14 of Schedule 22 to the Collection Regulations has the same meaning in this Division as in that Part.
This Division is incorporated, and must be read as one, with Part 14 of Schedule 22 to the Collection Regulations.
Note 1: The operative rate of NRS excise levy on potatoes is $0.00 (maximum rate 10 cents) per tonne—see clause 3 of Schedule 9 to the NRS Excise Levy Act.
Note 2: Regulation number 100 intentionally not used.
NRS levy imposed on potatoes is due for payment on the last day for lodging a return about the potatoes under Part 14 of Schedule 22 to the Collection Regulations.
Note: For penalty, see s 15 of the Collection Act.
A person who lodges a return under Part 14 of Schedule 22 to the Collection Regulations must include in the return details of:
(a) how much NRS excise levy is payable on the potatoes that the return is about; and
(b) how much NRS excise levy has been paid on the potatoes.
Note: For offences in relation to returns, see section 24 of the Collection Act.
A person who is liable to pay NRS excise levy on potatoes for a quarter, and must keep records under Part 14 of Schedule 22 to the Collection Regulations, must include in the records details of:
(a) how much NRS excise levy was payable on the potatoes; and
(b) how much NRS excise levy was paid on the potatoes.
(1) In this Division:
deal means sell, buy, process or export.
intermediary amount means an amount that a person is liable to pay for onions because of subsection 7(1), (2) or (3) of the Collection Act.
leviable onions means:
(a) onions on which a person is, or may become, liable to pay NRS levy for the levy year; or
(b) onions on which a person is, or may become, liable to pay an intermediary amount.
quarter means the period of 3 months ending on the last day of March, June, September or December in a year.
retail sale means a sale of onions by a producer, except:
(a) to a buying agent or through a selling agent; or
(b) to a first purchaser (including an exporter or a processor); or
(c) to an exporting agent.
(2) For this Division, the period beginning on 1 August 1998 and ending on 30 September 1998 is taken to be a quarter.
(1) The levy year for onions is a calendar year.
Note:
Calendar year means a period of 12 months commencing on 1 January—seeActs Interpretation Act 1901 , s 22(1)(h).(2) For this Division and the Collection Act, the period beginning on 1 August 1998 and ending on 31 December 1998 is taken to be a levy year for onions.
Onions are prescribed for paragraphs (b) and (g) of the definition of
producer in subsection 4(1) of the Collection Act.
(1) Paragraph 7(2)(b) of the Collection Act applies to onions.
(2) Onions are prescribed for subsection 7(3) of the Collection Act.
For clause 3 of Schedule 4 to the NRS Customs Levy Act, the rate of NRS customs levy on onions is 0 cents per tonne.
For clause 4 of Schedule 9 to the NRS Excise Levy Act, the rate of NRS excise levy on onions is 0 cents per tonne.
(1) NRS customs levy on onions exported from Australia is due for payment on the last day for giving the Secretary a quarterly return for the onions.
(2) NRS excise levy on onions is due for payment on the last day for giving the Secretary a quarterly return for the onions.
Note: For penalty for late payment, see s 15 of the Collection Act.
(1) A person who is liable to pay NRS levy, or an intermediary amount, because the person has dealt with onions in a quarter must give the Secretary a quarterly return for the quarter.
(2) However, a person need not give the Secretary a quarterly return:
(a) if:
(i) the person has applied for exemption under regulation 113 for the year and the Secretary has not made a decision about the application; or
(ii) the Secretary has given the person an exemption under regulation 114 for the year, or has continued the person’s exemption; or
(iii) the Secretary had to decide under regulation 115 whether to continue the person’s exemption, and the Secretary has not continued the exemption; or
(b) for onions sold by a producer by retail sale.
Note: For offences in relation to returns, see section 24 of the Collection Act.
A person may apply to the Secretary for exemption from the obligation to give the Secretary quarterly returns for a levy year if the person has reason to believe that the person will, or is likely to, deal with less than 1,250 tonnes of leviable onions in the levy year.
An application for exemption from the obligation to lodge quarterly returns for a levy year must set out:
(a) the applicant’s full name and business or residential address (not the address of a post office box or bag); and
(b) if the applicant has a post office box or bag address—that address; and
(c) if the applicant is a company—its Australian Company Number; and
(d) a statement:
(i) that the applicant is, or may become, liable to pay NRS levy on onions for the levy year; or
(ii) that the applicant is, or may become liable, to pay an intermediary amount for the levy year; and
(e) a statement that the applicant believes that the applicant is, or may become, liable to pay NRS levy for the levy year on less than 1,250 tonnes of leviable onions.
Within 14 days after a person applies for exemption to the Secretary, the Secretary must:
(a) decide whether to grant or refuse the application; and
(b) tell the applicant, in writing, the decision.
Within 14 days after a person who is exempt from giving the Secretary quarterly returns for a levy year gives the Secretary an annual return for the year, the Secretary must:
(a) decide whether or not to continue the exemption for the following levy year; and
(b) if the Secretary decides not to continue the exemption—tell the person, in writing, the decision.
When making a decision under regulation 114 or 115, the Secretary must take into account:
(a) any information that is available to the Secretary about how much NRS levy, or an intermediary amount, the applicant concerned is likely to be liable to pay for the relevant levy year; and
(b) the amount of NRS levy or intermediary amount payable by the applicant for the previous levy year.
(1) A person must give the Secretary an annual return for a levy year if the person:
(a) is liable to pay NRS levy, or an intermediary amount, on onions for the levy year; and
(b) is referred to in paragraph 111(2)(a).
Note: Paragraph 111(2)(a) is about persons who have applied for exemption but on whose application no decision has been made, and persons who are exempt from the obligation to make quarterly returns.
(2) A producer who has sold onions by retail sale in a levy year must give the Secretary an annual return about the onions for the levy year.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(1) A return must be in the form of a declaration, including a statement that the information in it is correct in every material detail.
(2) A return must set out:
(a) the full name and business or residential address of the person making the return (not a post office box or bag address); and
(b) if the person has a post office box or bag address—that address; and
(c) if the person is a company—its Australian Company Number; and
(d) the quarter or levy year the return is for; and
(e) how much onions (in tonnes) for export the person dealt with in the quarter or levy year (other than onions on which the person is not liable to pay NRS customs levy or an intermediary amount); and
(f) how much onions (in tonnes) the person dealt with, and is liable to pay NRS excise levy or an intermediary amount on, in the quarter or levy year; and
(g) how much NRS customs levy is payable on onions by the person for the quarter or levy year; and
(h) how much NRS excise levy is payable on onions by the person for the quarter or levy year; and
(i) how much is payable by the person as intermediary amount for the quarter or levy year, showing separately:
(i) intermediary amount on onions for export; and
(ii) intermediary amount on other onions; and
(j) how much NRS customs levy on onions was paid by the person for the quarter or levy year; and
(k) how much NRS excise levy on onions was paid by the person for the quarter or levy year; and
(l) how much was paid by the person as intermediary amount for the quarter or levy year, showing separately:
(i) intermediary amount on onions for export; and
(ii) intermediary amount on other onions.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(1) A person who must give the Secretary a return for a quarter must do so within 28 days after the end of the quarter.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(2) If the Secretary tells a person that the Secretary has refused to grant the person an exemption, or continue the person’s exemption for a levy year, the person must give the Secretary a quarterly return:
(a) within 28 days of being told, for each quarter in the levy year that ended before the person was told; and
(b) for each other quarter in the levy year, on or before the 28th day of the next month after the end of the quarter.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(3) The return must be given to the Secretary by sending it to the Secretary’s postal address.
Note: For these Regulations, the Secretary’s postal address is:
The Secretary
Agriculture, Fisheries and Forestry – Australia
Locked Bag 4488
KINGSTON ACT 2604.
(1) A person who must give the Secretary an annual return for a levy year must do so on or before 28 February in the next levy year.
Note: For penalty, see s 24 of the Collection Act.
(2) The return must be given to the Secretary by sending it to the Secretary’s postal address.
Note: For these Regulations, the Secretary’s postal address is:
The Secretary
Agriculture, Fisheries and Forestry – Australia
Locked Bag 4488
KINGSTON ACT 2604.
(1) A producer who, in a quarter or levy year, is liable to pay levy on onions must keep a record, for the quarter or levy year, of:
(a) how much onions (in tonnes) the producer dealt with in the quarter or levy year; and
(b) how much NRS customs levy was payable on the export of onions; and
(c) how much NRS excise levy was payable on onions; and
(d) how much NRS customs levy was paid on the export of onions; and
(e) how much NRS excise levy was paid on onions; and
(f) the name and business or residential address of each other person with whom the producer dealt with onions (except by retail sale); and
(g) how much onions for export (in tonnes) the producer dealt with in the quarter or levy year; and
(h) how much onions (in tonnes), other than onions for export, the producer dealt with (except by retail sale); and
(i) how much onions (in tonnes) the producer sold by retail sale.
(2) A person referred to in section 7 of the Collection Act who is liable to pay an amount for onions must keep a record, for each quarter or levy year, of:
(a) how much onions (in tonnes) the person dealt with in the quarter or levy year; and
(b) any intermediary amount payable for the onions; and
(c) any intermediary amount paid for the onions; and
(d) the name and business or residential address of each other person with whom the person dealt with onions (except by retail sale); and
(e) how much onions for export (in tonnes) the person dealt with in the quarter or levy year; and
(f) how much onions (in tonnes) the person dealt with in the quarter or levy year, other than onions:
(i) for export; or
(ii) dealt with by retail sale; and
(g) how much onions (in tonnes) the person sold by retail sale in the quarter or levy year.
(3) In recording a dealing for this regulation, the kind of dealing must be described.
(1) A person must retain the records:
(a) if the person gives the Secretary a return for the quarter or levy year that the records are about within the time allowed by this Part to do so—for 5 years after the last day for giving the Secretary such a return; or
(b) in any other case—for 5 years after the day on which the return is actually given to the Secretary.
Penalty: 10 penalty units.
(2) An offence under subregulation (1) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
(1) Application may be made to the Administrative Review Tribunal for the review of a decision by the Secretary:
(a) to refuse to grant an exemption under regulation 114; or
(b) to refuse to continue an exemption under regulation 115.
(2) A notice given under regulation 114 about a decision must include a statement to the effect that a person whose interests are affected by the decision may, under section 268 of the
Administrative Review Tribunal Act 2024 , request a statement of reasons (within the meaning of that Act).(2A) However, subregulation (2) does not apply if subsection 269(7) of that Act applies.
(3) A failure to comply with subregulation (2) about a decision does not make the decision invalid.
A person who, under the Primary Industries Levies and Charges Collection (National Residue Survey—Onion) Regulations (as in force on 2 July 1998), is required to lodge a return about a period that includes 1 and 2 July 1998 is taken to have complied with the requirement if the person includes the information required by those regulations in a return given to the Secretary under this Division.
An expression used in both this Division and Part 3 of Schedule 22 to the Collection Regulations has the same meaning in this Division as in that Part.
This Division is incorporated, and must be read as one, with Part 3 of Schedule 22 to the Collection Regulations.
Note 1: The operative rate of NRS customs levy on apples is 1 cent (maximum rate 1.1 cents) per box—see subclause 4(1) of Schedule 4 to the NRS Customs Levy Act.
Note 2: The operative rate of NRS customs levy on pears is 1 cent (maximum rate 1.1 cents) per box—see subclause 4(2) of Schedule 4 to the NRS Customs Levy Act.
Note 3: The operative and maximum rates of NRS excise levy on apples and pears are as set out in the following table (the subclauses are of Schedule 9 to the NRS Excise Levy Act):
Apples (other than juicing apples or processing apples) | 1 cent per box | 1.1 cents | 5(1) |
Pears (other than juicing pears or processing pears) | 1 cent per box | 1.1 cents | 5(2) |
Juicing apples | 10 cents per tonne | 60 cents per tonne | 5(3) |
Juicing pears | 10 cents per tonne | 60 cents per tonne | 5(4) |
Processing apples | 20 cents per tonne | 60 cents per tonne | 5(5) |
Processing pears | 20 cents per tonne | 60 cents per tonne | 5(6) |
Note 4: Regulation numbers 127 and 128 intentionally not used.
NRS levy imposed on apples or pears is due for payment on the last day for lodging a return for the apples or pears under Part 3 of Schedule 22 to the Collection Regulations.
Note: For penalty, see s 15 of the Collection Act.
A person who lodges a return under Part 3 of Schedule 22 to the Collection Regulations must include in the return details of:
(a) how much NRS excise levy was payable on the apples or pears that the return is about; and
(b) how much NRS excise levy was paid on the apples or pears.
Note: For offences in relation to returns, see section 24 of the Collection Act.
A person who is liable to pay NRS excise levy on apples or pears, and must keep records under Part 3 of Schedule 22 to the Collection Regulations, must include in the records details of:
(a) how much NRS excise levy was payable on the apples or pears; and
(b) how much NRS excise levy was paid on the apples or pears.
An expression used in both this Division and Part 7 of Schedule 22 to the Regulations has the same meaning in this Division as in that Part.
This Division is incorporated, and must be read as one, with Part 7 of Schedule 22 to the Collection Regulations.
Note 1: The operative rate of NRS excise levy on citrus is $0.00 (maximum rate 60 cents) per tonne—see clause 6 of Schedule 9 to the NRS Excise Levy Act.
Note 2: Regulation number 134 intentionally not used.
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.
(4) Subregulation (1) or (2) does not apply to a sale of sheep or lambs if no sale price is stated in the transaction for the sheep or lambs concerned.
(1) The rate for subclause 3(1) of Schedule 15 to the NRS Excise Levy Act is 1.8 cents per head for:
(a) a sheep transaction to which subregulation 240(1) does not apply; or
(b) a delivery or slaughter of sheep mentioned in paragraph 2(1)(b), (c) or (d) of that Schedule.
(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.
(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: 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.
For subclause 3(2) of Schedule 15 to the NRS Excise Levy Act, the rate of levy for a transaction by which the ownership of goats is transferred, or for a delivery or slaughter of goats, is 6 cents per head of goats.
Note 1: This is the operative rate of levy. The maximum rate of levy is 8 cents per head—see subclause 3(2) of Schedule 15 to the NRS Excise Levy Act.
Note 2: Regulation numbers 243–246 intentionally not used.
(1) NRS customs levy payable on the export of sheep, lambs or goats is due for payment on the last day for lodging a return about the export under Schedule 25 to the Collection Regulations.
(2) NRS excise levy on a transaction about sheep, lambs or goats, is due for payment on the last day for lodging a return about the transaction under Schedule 27 to the Collection Regulations.
Note: For penalty for late payment, see s 15 of the Collection Act.
(1) A person who lodges a return under Schedule 25 to the Collection Regulations about the export of sheep must include in the return details of:
(a) how much NRS customs levy was payable on the export of the sheep; and
(b) how much NRS customs levy was paid on the export.
(2) A person who lodges a return under Schedule 25 to the Collection Regulations about the export of lambs must include in the return details of:
(a) how much NRS customs levy was payable on the export of the lambs; and
(b) how much NRS customs levy was paid on the export.
(3) A person who lodges a return under Schedule 25 to the Collection Regulations about the export of goats must include in the return details of:
(a) how much NRS customs levy was payable on the export of the goats; and
(b) how much NRS customs levy was paid on the export.
(4) A person who lodges a return under Schedule 27 to the Collection Regulations that relates to transactions about sheep, lambs or goats must include in the return a statement of:
(a) how much NRS excise levy was payable on:
(i) any transaction by which the ownership of sheep was transferred; and
(ii) any delivery of sheep to a processor; and
(iii) the slaughter of sheep purchased by a processor and held for longer than 30 days before slaughter; and
(iv) any other slaughter of sheep; and
(b) how much NRS excise levy was paid on each such transaction, delivery and slaughter; and
(c) how much NRS excise levy was payable on:
(i) any transaction by which the ownership of lambs was transferred; and
(ii) any delivery of lambs to a processor; and
(iii) the slaughter of lambs purchased by a processor and held for longer than 30 days before slaughter; and
(iv) any other slaughter of lambs; and
(d) how much NRS excise levy was paid on each such transaction, delivery and slaughter; and
(e) how much NRS excise levy was payable on:
(i) any transaction by which the ownership of goats was transferred; and
(ii) any delivery of goats to a processor; and
(iii) the slaughter of goats purchased by a processor and held for longer than 30 days before slaughter; and
(iv) any other slaughter of goats; and
(f) how much NRS excise levy was paid on each such transaction, delivery or slaughter; and
(g) how much NRS excise levy was payable on all such transactions, deliveries and slaughter; and
(h) how much NRS excise levy was paid on all such transactions, deliveries and slaughter.
Note: For offences in relation to returns, see section 24 of the Collection Act.
(1) A person who is liable to pay NRS customs levy on the export of sheep, lambs or goats for a month or year, and must keep records under Schedule 25 to the Collection Regulations, must include in the records details of:
(a) how much NRS customs levy was payable on each export; and
(b) how much NRS customs levy was paid on each export.
(2) A person who is liable to pay NRS excise levy on a transaction in sheep, lambs or goats, or the delivery or slaughter of sheep, lambs or goats for a month or year, and must keep records under Schedule 27 to the Collection Regulations, must include in the records details of:
(a) how much NRS excise levy was payable on each transaction, delivery or slaughter; and
(b) how much NRS excise levy was paid on each transaction, delivery or slaughter.
A person who is required, under subregulation 71(3), 73(2), 75(2), 80(3) or 82(2) of the
Primary Industries Levies and Charges Collection (Buffalo, Cattle and Live‑stock) Regulations 1998 (as in force on 2 July 1998), to include information in a return about a period that includes 1 and 2 July 1998, is taken to have complied with the requirement if the person includes the information required by that subregulation in a return given to the Secretary under this Division.
(1) An expression used in both this Part and Schedule 16 to the NRS Excise Levy Act has the same meaning in this Part as in that Schedule.
(2) An expression used in both this Part and Schedule 34 to the Collection Regulations has the same meaning in this Part as in that Schedule.
In Schedule 16 to the NRS Excise Levy Act and this Part:
value has the meaning given in clause 2 of Schedule 25 to thePrimary Industries (Excise) Levies Regulations 1999 .Note 1: Clause 1 of Schedule 16 to the NRS Excise Levy Act provides that
value means sale value as ascertained in accordance with the regulations.Note 2: Clause 2 of Schedule 25 to the
Primary Industries (Excise) Levies Regulations 1999 is as follows:
2 What is the sale value of wheat (1) For the definition of
value in clause 1 of Schedule 25 to the Excise Levies Act, thesale value of wheat is:(a) for wheat for sowing—the amount that would be the sale price of the wheat if it were not wheat for sowing and if it had been sold at the market price on the day the wheat was delivered as mentioned in paragraph 4(1)(a) of Schedule 25 to the Excise Levies Act; or
(b) for wheat in a pool—the amount of each payment made for the wheat; or
(c) in any other case:
(i) the sale price of the wheat according to the sales invoices or other sales documents for the wheat; or
(ii) if there are no sales invoices or sales documents for the wheat—the amount that would be the sale price of the wheat if that wheat had been sold at the market price on the day the wheat was delivered, or processed, as mentioned in subclause 4 (1) of Schedule 25 to the Excise Levies Act.
(2) The value of wheat is to be net of handling, storage, transport and f.o.b. costs.
Note 3:
Sale price is taken not to include net GST—see regulation 3A of these Regulations and regulation 3A of thePrimary Industries (Excise) Levies Regulations 1999 .
This Part is incorporated, and must be read as one, with Schedule 34 to the Collection Regulations.
Note 1: The operative rate of NRS excise levy on wheat is 0.015% (maximum rate 0.03%) of its value—see clause 5 of Schedule 16 to the NRS Excise Levy Act.
Note 2: Regulation number 254 is intentionally not used.
NRS excise levy on wheat is due for payment on the last day for lodging a quarterly return for the wheat under Schedule 34 to the Collection Regulations.
Note: For penalty for late payment, see s 15 of the Collection Act.
A person who lodges a quarterly return under Schedule 34 to the Collection Regulations must include in the return details of:
(a) how much NRS excise levy was payable on the wheat that the return is about; and
(b) how much NRS excise levy was payable on the wheat.
Note: For offences in relation to returns, see section 24 of the Collection Act.
A person who is liable to pay NRS excise levy on wheat for a quarter, and must keep records under Schedule 34 to the Collection Regulations, must include in the records details, for the quarter, of:
(a) how much NRS excise levy was payable on wheat; and
(b) how much NRS excise levy was paid on wheat.
(regulation 24A)
1. Live fin fish
2. Fresh or preserved fin fish, fin fish fillets or other fin fish meat (whether or not minced)
3. Products of fin fish including, but not limited to:
• livers
• roes
• caviar
• caviar substitutes prepared from fin fish eggs
• shark cartilage powder
4. Live, fresh or preserved crustaceans or molluscs, whether in shell or not
5. Flours, meals or pellets of aquatic animals, fit for human consumption
6. Other live, fresh or preserved aquatic vertebrates or invertebrates in any form
7. Other aquatic animal products for human consumption, including blended products that contain any aquatic animal products
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
1998 No. 147 | 25 June 1998 | 1 Aug 1998 ( | |
1998 No. 182 | 30 June 1998 | 1 Aug 1998 ( | — |
1998 No. 245 | 31 July 1998 | 1 Aug 1998 ( | — |
1998 No. 316 | 1 Dec 1998 | Schedule 1: 1 Aug 1998 Remainder: 1 Dec 1998 | — |
1999 No. 24 | 2 Mar 1999 | 2 Mar 1999 | — |
1999 No. 179 | 1 Sept 1999 | 1 Sept 1999 | — |
1999 No. 214 | 16 Sept 1999 | rr. 1–3 and Schedule 1: 16 Sept 1999 Remainder: 1 Oct 1999 | — |
1999 No. 269 | 17 Nov 1999 | rr. 1–3 and Schedule 1: 17 Nov 1999 Remainder: 1 Jan 2000 | — |
2000 No. 134 | 28 June 2000 | 1 July 2000 | — |
2000 No. 240 | 30 Aug 2000 | rr. 1–3 and Schedule 1: 1 Jan 2000 Remainder: 1 Oct 2000 | — |
2000 No. 285 | 26 Oct 2000 | 1 Nov 2000 | — |
2000 No. 323 | 8 Dec 2000 | 1 Jan 2001 | — |
2001 No. 115 | 6 June 2001 | 1 July 2001 | — |
2001 No. 136 | 20 June 2001 | 1 July 2001 | — |
2001 No. 218 | 23 Aug 2001 | 1 Oct 2001 | — |
2001 No. 259 | 5 Oct 2001 | 31 Aug 2001 | — |
2002 No. 50 | 22 Mar 2002 | 1 Apr 2002 | — |
2002 No. 60 | 5 Apr 2002 | 5 Apr 2002 | — |
2002 No. 292 | 4 Dec 2002 | 1 Jan 2003 | — |
2003 No. 15 | 27 Feb 2003 | 1 Mar 2003 | — |
2003 No. 99 | 30 May 2003 | rr. 1–3 and Schedule 1: 30 May 2003 Remainder: 1 July 2003 | — |
2003 No. 114 | 19 June 2003 | rr. 1–3 and Schedule 1: 1 July 2003 Remainder: 1 July 2006 | — |
2003 No. 218 | 28 Aug 2003 | rr. 1–3 and Schedule 1: 1 Sept 2003 Remainder: 1 Sept 2006 | — |
2003 No. 329 | 23 Dec 2003 | 1 Jan 2004 | — |
2004 No. 139 | 25 June 2004 | 1 July 2004 | — |
2005 No. 218 | 7 Oct 2005 (F2005L02918) | rr. 1–3 and Schedule 1 (item 14): 8 Oct 2005 | — |
2006 No. 42 | 6 Mar 2006 (F2006L00644) | 1 Apr 2006 | — |
2006 No. 113 | 2 June 2006 (F2006L01593) | 1 July 2006 | — |
2006 No. 241 | 22 Sept 2006 (F2006L03160) | 1 Oct 2006 | — |
2006 No. 325 | 14 Dec 2006 (F2006L04084) | 1 Jan 2007 | — |
2007 No. 123 | 24 May 2007 (F2007L01455) | 1 June 2007 | — |
2007 No. 124 | 24 May 2007 (F2007L01459) | 1 July 2007 | — |
2007 No. 149 | 25 June 2007 (F2007L01778) | 1 July 2007 | — |
2007 No. 288 | 28 Sept 2007 (F2007L03756) | 1 Nov 2007 | — |
2009 No. 50 | 31 Mar 2009 (F2009L01168) | 1 Apr 2009 | — |
2009 No. 211 | 9 Sept 2009 (F2009L03335) | 10 Sept 2009 | r. 4 |
2012 No. 75 | 29 May 2012 (F2012L01097) | 1 July 2012 | — |
57, 2014 | 30 May 2014 (F2014L00629) | 1 July 2014 | — |
54, 2015 | 1 May 2015 (F2015L00615) | 1 July 2015 (s 2) | — |
Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 | 29 Feb 2016 (F2016L00170) | Sch 1 (item 63): 5 Mar 2016 (s 2(1) item 1) | — |
Primary Industries Levies and Charges (National Residue Survey Levies) Amendment (Honey) Regulations 2018 | 1 June 2018 (F2018L00699) | 1 July 2018 (s 2(1) item 1) | — |
Primary Industries Excise Levies Legislation Amendment (Live‑stock Transactions) Regulations 2024 | 5 July 2024 (F2024L00870) | Sch 1 (items 3, 4): 6 July 2024 (s 2(1) item 1) | — |
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024 | 11 Oct 2024 (F2024L01299) | Sch 1 (items 8–12): 14 Oct 2024 (s 2(1) item 1) | — |
Reader’s Guide........................... | am. 2000 Nos. 134 and 240; 2001 No. 115; 2005 No. 218 |
r 2............................................. | am 1998 No. 316 |
rep LA s 48D | |
r. 3............................................. | am. 1999 No. 269; 2000 No. 134; F2016L00170 |
r. 3A.......................................... | ad. 2000 No. 134 |
r. 4............................................. | rs. 2000 No. 134 |
r. 5............................................. | am. 1998 No. 245; 1999 No. 214 |
r. 6............................................. | am. 1998 No. 245 |
r. 8............................................. | am 2001 No. 136 |
r. 9............................................. | ad. 2001 No. 136 |
r. 11........................................... | am 2002 No. 60 |
r. 17........................................... | am. 2002 No. 60 |
r. 18........................................... | am 2002 No. 60 |
r. 19........................................... | am. 2002 No. 60; 2000 No. 134 |
r. 20........................................... | am. 2000 No. 134 |
r. 20........................................... | am. 2002 No. 60; 2000 No. 134 |
r. 22........................................... | am. 2002 No. 60 |
r 23............................................ | am F2024L01299 |
r. 24A........................................ | ad. 1999 No. 214 |
r. 25........................................... | rs. 2000 No. 134 |
r. 26........................................... | am 1999 No. 214 |
rs. 2000 No. 134 | |
am. 2003 No. 15 | |
r 27............................................ | ad No 24, 1999 |
am No 214, 1999 | |
rs No 134, 2000 | |
am No 325, 2006; No 50, 2009; F2024L00870 | |
r. 28........................................... | ad. 2003 No. 15 |
am. 2006 No. 325 | |
r. 28A........................................ | ad. 2003 No. 15 |
am. 2006 No. 325 | |
r. 29........................................... | am. 2000 No. 134 |
r. 30........................................... | am. 2000 No. 134; 2002 No. 60 |
r. 31........................................... | am. 2000 No. 134 |
r. 32........................................... | am. 2000 No. 134 |
r. 33........................................... | am. 1999 No. 269 |
rs. 2000 No. 134 | |
r. 33A........................................ | ad. 2007 No. 124 |
r. 34........................................... | rs. 1999 No. 269; 2000 No. 134 |
r. 35........................................... | 2007 No. 149 |
r. 36........................................... | ad. 2007 No. 149 |
r. 37........................................... | am. 2000 No. 134 |
r. 38........................................... | am. 2000 No. 134; 2002 No. 60 |
r. 39........................................... | am. 2000 No. 134 |
Part 5......................................... | rs. 2001 No. 115 |
r. 40........................................... | rs. 2001 No. 115 |
r. 41........................................... | rs. 2001 No. 115 |
r. 42........................................... | rs. 2001 No. 115 |
r. 43........................................... | rs. 2001 No. 115 |
r. 44........................................... | rs. 2001 No. 115 |
r. 45........................................... | rs. 2001 No. 115 |
r. 46........................................... | rs. 2000 No. 240 (by Schs 1 and 2) |
r. 47........................................... | am. 2000 No. 240 (by Schs 1 and 2) |
r. 53........................................... | am. 2000 No. 240 (by Schs 1 and 2) |
r. 54........................................... | am. 2000 No. 240; 2002 No. 60 |
r. 55........................................... |
am. 2000 No. 240; 2002 No. 60 | |
r. 56........................................... | am. 2000 No. 240 |
r. 57........................................... | am. 2000 No. 240 |
r. 58........................................... | am. 1998 No. 245 |
r. 59........................................... | am. 1998 No. 245 |
r. 60........................................... | am. 2000 No. 323 |
r. 61........................................... | ad. 2000 No. 323 |
rs. 2004 No. 139 | |
am. 2006 No. 241 | |
r. 63........................................... | am. 2002 No. 60 |
r. 64........................................... | am. 2002 No. 60 |
r. 65........................................... | am. 2000 No. 134; 2002 No. 60 |
r. 66........................................... | am. 2002 No. 60 |
r. 67........................................... | am. 2002 No. 60 |
r. 69........................................... | rs. 2000 No. 134 |
r. 69A........................................ | ad. 2007 No. 124 |
r. 70........................................... | rs. 2000 No. 134 |
r. 71........................................... | am. 2000 No. 134; 2007 No. 149 |
r. 72........................................... | ad. 2007 No. 149 |
r. 74........................................... | am. 2000 No. 134 |
r. 75........................................... | am. 2000 No. 134; 2002 No. 60 |
r. 76........................................... | am. 2000 No. 134 |
r. 77 .......................................... | rs. 2000 No. 240 |
r. 78........................................... | rs. 2000 No. 240 |
r 78A......................................... | ad No 54, 2015 |
r. 78........................................... | am. 1999 No. 214 |
r. 79........................................... | ad. 1999 No. 214 |
am. 2009 No. 211; F2018L00699 | |
r. 80........................................... | ad. 1999 No. 214 |
am. 2009 No. 211; F2018L00699 | |
r. 81........................................... | am. 2000 No. 240; 2003 No. 99; 2006 No. 113 |
r. 82........................................... | am. 2000 No. 240; 2002 No. 60 |
r. 83........................................... | am. 2000 No. 240 |
r. 84........................................... | am. 1998 No. 245 |
r. 85........................................... | am. 1998 No. 245 |
r. 87........................................... | am 1998 No. 316 |
r. 88........................................... | ad. 1998 No. 316 |
am. 2000 No. 285; 2002 No. 50 | |
r. 91........................................... | am. 2002 No. 60 |
r. 92........................................... | am. 2002 No. 60 |
r. 93........................................... | am. 2000 No. 134; 2002 No. 60 |
r. 94........................................... | am. 2002 No. 60 |
r. 95........................................... | am. 2002 No. 60 |
r. 98........................................... | rs. 2000 No. 240 |
r. 99........................................... | rs. 2000 No. 240 |
r. 101......................................... | am. 2000 No. 240 |
r. 102......................................... | am. 2000 No. 240; 2002 No. 60 |
r. 103......................................... | am. 2000 No. 240 |
r. 104......................................... | am. 1998 No. 245 |
r. 105......................................... | am. 1998 No. 245 |
r 107.......................................... | am No 57, 2014 |
r 108.......................................... | ad No 57, 2014 |
r 109.......................................... | ad No 57, 2014 |
r. 111......................................... | am. 2002 No. 60 |
r. 118......................................... | am. 2002 No. 60 |
r. 119......................................... | am. 2000 No. 134; 2002 No. 60 |
r. 120......................................... | am. 2000 No. 134 |
r. 122......................................... | am. 2002 No. 60 |
r 123.......................................... | am F2024L01299 |
r. 125......................................... | rs. 2000 No. 240 |
r. 126......................................... | rs. 2000 No. 240 |
r. 129......................................... | am. 2000 No. 240 |
r. 130......................................... | am. 2000 No. 240; 2002 No. 60 |
r. 131......................................... | am. 2000 No. 240 |
r. 132......................................... | rs. 2000 No. 240 |
r. 133......................................... | rs. 2000 No. 240 |
r. 135......................................... | am. 2000 No. 240 |
r. 136......................................... | am. 2000 No. 240; 2002 No. 60 |
r. 137......................................... | am. 2000 No. 240 |
r. 138......................................... | rs. 2000 No. 240 |
r. 139......................................... | rs. 2000 No. 240 |
r. 141......................................... | am. 2000 No. 240 |
r. 142......................................... | am. 2000 No. 240; 2002 No. 60 |
r. 143......................................... | am. 2000 No. 240 |
r. 144......................................... | rs. 2000 No. 240 |
r. 145......................................... | rs. 2000 No. 240 |
r. 147......................................... | am. 2000 No. 240 |
r. 148......................................... | am. 2000 No. 240; 2002 No. 60 |
r. 149......................................... | am. 2000 No. 240 |
r. 150......................................... | am. 1999 No. 269 |
rs. 2000 No. 240 | |
r. 151......................................... | rs. 2000 Nos. 134 and 240 |
r. 153......................................... | rs. 1999 No. 269 |
am 2000 No. 240 | |
r. 154......................................... | am. 1998 No. 316; 2000 Nos. 134 and 240 |
rs. 2002 No. 292 | |
am. 2003 No. 99 | |
rs. 2007 No. 288 | |
r. 155......................................... | am. 1998 No. 316; 2000 Nos. 134 and 240 |
rs. 2002 No. 292 | |
am. 2003 No. 99 | |
rs. 2007 No. 288 | |
r. 156......................................... | am. 2000 No. 134; 2000 No 240 |
r. 157......................................... | am. 2000 No. 134; 2000 No 240; 2002 No. 60 |
r. 158......................................... | am. 1999 No. 269; 2000 No. 134; 2000 No 240 |
Part 12....................................... | rs. 2000 No. 323 |
r. 183......................................... | rs. 2000 No. 323 |
r. 184......................................... | rs. 2000 No. 323 |
r. 186......................................... | rs. 2000 No. 323 |
r. 187......................................... | rs. 2000 No. 323 |
r. 188......................................... | rs. 2000 No. 323 |
r. 190......................................... | rs. 2000 No. 134 |
r. 191......................................... | am. 2000 No. 134; 2003 No. 114 |
r. 192......................................... | ad. 2003 No. 114 |
rep. 2003 No. 114 | |
r. 193......................................... | am. 2000 No. 134 |
r. 194......................................... | am. 2000 No. 134; 2002 No. 60 |
r. 195......................................... | am. 2000 No. 134 |
r. 196......................................... | am. 2000 No. 134 |
Division 3.................................. | rs. 2001 No. 115 |
r. 197......................................... | rs. 2001 No. 115 |
r. 198......................................... | rs. 2001 No. 115 |
r. 199......................................... | rs. 2001 No. 115 |
am. 2001 No. 218 | |
r. 200......................................... | ad. 2001 No. 218 |
rs. 2007 No. 123 | |
am. 2012 No. 75 | |
r. 201......................................... | rs. 2001 No. 115 |
r. 202......................................... | rs. 2001 No. 115 |
am. 2002 No. 60 | |
r. 203......................................... | rs. 2001 No. 115 |
Division 4.................................. | rs. 2001 No. 115 |
r. 204......................................... | rs. 2001 No. 115 |
r. 205......................................... | rs. 2001 No. 115 |
am. 2006 No. 42 | |
r. 206......................................... | ad. 2006 No. 42 |
r. 207......................................... | rs. 2001 No. 115 |
r. 208......................................... | rs. 2001 No. 115 |
am 2002 No. 60 | |
r. 209......................................... | rs. 2001 No. 115 |
Part 14....................................... | rs. 2000 No. 323 |
r. 210......................................... | rs. 2000 No. 323 |
r. 211......................................... | rs. 2000 No. 323 |
r. 213......................................... | rs. 2000 No. 323 |
r. 214......................................... | rs. 2000 No. 323 |
am. 2002 No. 60 | |
r. 215......................................... | rs. 2000 No. 323 |
r. 216......................................... | rs. 2000 No. 134 |
r. 216A...................................... | ad. 2007 No. 124 |
r. 217......................................... | rs. 2000 No. 134 |
r. 218......................................... | am. 2000 No. 134; 2007 No. 149 |
r. 219......................................... | ad. 2007 No. 149 |
r. 220......................................... | am. 2000 No. 134 |
r. 221......................................... | am. 2000 No. 134; 2002 No. 60 |
r. 222......................................... | am. 2000 No. 134 |
r. 223......................................... | am. 1998 No. 245; 2000 No. 134 |
r. 224......................................... | am. 1998 No. 245 |
r. 228......................................... | am. 2003 No. 99; 2003 No. 218 |
r. 229......................................... | ad. 2003 No. 99 |
am. 2004 No. 139 | |
r. 231......................................... | am. 2002 No. 60 |
r. 232......................................... | am. 2002 No. 60; 2003 No. 218 |
r. 233......................................... | am. 2000 No. 134; 2002 No. 60 |
r. 234......................................... | am. 2002 No. 60; 2003 No. 218 |
r. 235......................................... | am. 2002 No. 60 |
r. 237......................................... | rs. 2000 No. 134 |
r. 238......................................... | am. 2000 No. 134 |
r. 238A...................................... | ad. 1999 No. 24 |
rs. 2000 No. 134 | |
r. 239......................................... | rs. 2000 No. 134 |
am. 2003 No. 99; 2003 No. 329 | |
r. 239AA.................................... | ad. 2003 No. 329 |
r. 239A...................................... | ad. 2000 No. 134 |
am. 2003 No. 99 | |
r 239B........................................ | ad No 134, 2000 |
am No 50, 2009; F2024L00870 | |
r. 240......................................... | am. 1998 No. 182 |
rs. 1999 No. 179; 2000 No. 134 | |
am. 2001 No. 259; 2003 No. 99 | |
r. 241......................................... | ad. 1998 No. 182 |
rs. 1999 No. 179 | |
am. 2000 No. 134; 2001 No. 259; 2003 No. 99; 2003 No. 329 | |
r. 242......................................... | ad. 2003 No. 329 |
r. 247......................................... | rs. 1999 No. 179 |
am. 2000 No. 134 | |
r. 248......................................... | am. 2000 No. 134; 2002 No. 60 |
r. 249......................................... | am. 2000 No. 134 |
r. 250......................................... | am. 2000 No. 134 |
r. 251......................................... | am. 1999 No. 269 |
rs. 2000 No. 134 | |
r. 252......................................... | rs. 1999 No. 269; 2000 No. 134 |
r. 253......................................... | am. 2000 No. 134 |
r. 255......................................... | am. 2000 No. 134 |
r. 256......................................... | am. 2000 No. 134; 2002 No. 60 |
r. 257......................................... | am. 2000 No. 134 |
Schedule 1A............................... | ad. 1999 No. 214 |
Schedules 1 and 2........................ | rep. 2000 No. 240 |
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