National Residue Survey (Excise) Levy Amendment Act 1999

Administered by Department of Agriculture

Legislation au C2004A00420 Not in force Act

Legislation content

 

 

 

 

National Residue Survey (Excise) Levy Amendment Act 1999

 

No. 29, 1999

 

 

 

 

National Residue Survey (Excise) Levy Amendment Act 1999

 

No. 29, 1999

 

 

 

 

An Act to amend the National Residue Survey (Excise) Levy Act 1998, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendment of the National Residue Survey (Excise) Levy Act 1998

 

National Residue Survey (Excise) Levy Amendment Act 1999

No. 29, 1999

 

 

 

An Act to amend the National Residue Survey (Excise) Levy Act 1998, and for related purposes

[Assented to 14 May 1999]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the National Residue Survey (Excise) Levy Amendment Act 1999.

2  Commencement

  This Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the National Residue Survey (Excise) Levy Act 1998

 

1  Subclause 1(1) of Schedule 1 (definitions of cattle, dairy cattle, licensed dairy farmer and lot‑fed cattle)

Omit “the Cattle Transactions Levy Act 1997”, substitute “Schedule 3 to the Primary Industries (Excise) Levies Act 1999”.

2  Subparagraph 2(2)(d)(iii) of Schedule 1

Omit “the Beef Production Levy Act 1990”, substitute “Schedule 1 to the Primary Industries (Excise) Levies Act 1999”.

3  Paragraph 3(1)(c) of Schedule 1

Omit “that is not a leviable bobby calf”, substitute “(other than a head of lot‑fed cattle or a leviable bobby calf)”.

4  After paragraph 3(1)(c) of Schedule 1

Insert:

 (ca) 32 cents per each head of lot‑fed cattle or, if another rate (not exceeding 35 cents) is prescribed by the regulations, the other rate; and

5  Clause 1 of Schedule 2

Insert:

leviable amount, in relation to a levy year, means:

 (a) $25; or

 (b) if, before the commencement of the levy year, another amount is prescribed in relation to that year, that prescribed amount.

6  After subclause 5(1) of Schedule 2

Insert:

 (1A) If, in a levy year:

 (a) leviable coarse grain is delivered to a particular person by producers of leviable coarse grain; and

 (b) apart from this subclause, the total amount of National Residue Survey Levy imposed by this Schedule on the grain would be less than the leviable amount;

National Residue Survey Levy is not imposed by this Schedule on the grain.

7  After subclause 5(2) of Schedule 2

Insert:

 (2A) If, in a levy year:

 (a) a producer processes leviable coarse grain that the producer has produced; and

 (b) paragraph (2)(b) does not apply in respect of the grain; and

 (c) apart from this subclause, the total amount of National Residue Survey Levy imposed by this Schedule on the grain would be less than the leviable amount;

National Residue Survey Levy is not imposed by this Schedule on the grain.

8  Clause 2 of Schedule 3

Omit “and before 1 July 2000” (wherever occurring).

9  Clause 1 of Schedule 4 (definition of dried vine fruits)

Omit “dried currant grapes, dried sultana grapes or dried raisin grapes”, substitute “dried grapes”.

10  Clause 1 of Schedule 6 (paragraph (a) of the definition of leviable amount)

Omit “$50”, substitute “$25”.

11  Paragraph 2(2)(d) of Schedule 7

Omit “or paragraph 4(2)(d) of the”, substitute “, paragraph 2(2)(c) of Schedule 14 to the Primary Industries (Excise) Levies Act 1999 or paragraph 4(2)(d) of the repealed”.

12  Clause 1 of Schedule 9 (definition of horticultural products)

Omit “the Horticultural Levy Act 1987”, substitute “Schedule 15 to the Primary Industries (Excise) Levies Act 1999”.

13  Clause 4 of Schedule 10

Omit “producer of the chickens”, substitute “proprietor of the hatchery where the laying chickens are hatched”.

14  Subclause 1(2) of Schedule 12

Repeal the subclause.

15  Clause 1 of Schedule 13 (paragraph (a) of the definition of leviable amount)

Omit “$50”, substitute “$25”.

16  Subclause 1(1) of Schedule 15 (definitions of lamb, sheep and slaughter)

Omit “the Live‑stock Transactions Levy Act 1997”, substitute “Schedule 18 to the Primary Industries (Excise) Levies Act 1999”.

17  Application of amendments

(1) The amendments of Schedule 1 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to:

 (a) transactions entered into after the commencement of this item by which the ownership of cattle is transferred from one person to another; and

 (b) deliveries of cattle to processors after the commencement of this item; and

 (c) slaughter of cattle after the commencement of this item.

(2) The amendments of Schedule 2 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to leviable coarse grain delivered or processed after the commencement of this item.

(3) The amendments of Schedule 4 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to dried fruits received after the commencement of this item.

(4) The amendments of Schedule 6 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to leviable grain legumes delivered or processed after the commencement of this item.

(5) The amendments of Schedule 9 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to:

 (a) leviable horticultural products sold or used after the commencement of this item; and

 (b) leviable horticultural products presumed to be produced in Australia after the commencement of this item.

(6) The amendments of Schedule 10 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to laying chickens hatched after the commencement of this item.

(7) The amendments of Schedule 12 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to meat chickens hatched after the commencement of this item.

(8) The amendments of Schedule 13 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to leviable oilseeds delivered or processed after the commencement of this item.

(9) The amendments of Schedule 15 to the National Residue Survey (Excise) Levy Act 1998 made by this Schedule apply to:

 (a) transactions entered into after the commencement of this item by which the ownership of sheep, lambs or goats is transferred from one person to another; and

 (b) deliveries of sheep, lambs or goats to processors after the commencement of this item; and

 (c) slaughter of sheep, lambs or goats after the commencement of this item.

 

[Minister’s second reading speech made in—

House of Representatives on 3 December 1998

Senate on 19 April 1999]

 

(202/98)


 

 

Overview

The National Residue Survey (Excise) Levy Amendment Act 1999, enacted by the Parliament of Australia, is designed to amend the National Residue Survey (Excise) Levy Act 1998. The primary objective of this Act is to update and refine the regulatory framework governing the collection and management of levies related to various agricultural products. This Act responds to the need for adjustments in the application of the excise levies, ensuring they align with the new Primary Industries (Excise) Levies Act 1999 and other related legislative changes. By making these amendments, the Act seeks to streamline the administrative processes and ensure consistency across different sectors of the agricultural industry. The Act ensures that the levies imposed on different products are accurately defined and applied, reflecting the latest legislative standards and practices. The National Residue Survey (Excise) Levy Amendment Act 1999 introduces several key changes to the National Residue Survey (Excise) Levy Act 1998, including adjustments to the definitions of various agricultural products, updates to the levy rates, and modifications to the conditions under which levies are imposed. These amendments are intended to address any legislative discrepancies and enhance the efficiency of levy collection and management. The Act specifies that its amendments apply to transactions and activities occurring after its commencement, thereby ensuring a smooth transition to the updated regulatory framework. This legislative update is crucial for maintaining the integrity and effectiveness of the excise levy system within the agricultural sector.

Scope and Application

The National Residue Survey (Excise) Levy Amendment Act 1999 amends the National Residue Survey (Excise) Levy Act 1998 to update and refine the application and calculation of levies on various agricultural products within Australia. This Act applies to transactions, deliveries, and slaughter of cattle and sheep, as well as the delivery and processing of leviable coarse grain, grain legumes, oilseeds, dried fruits, and horticultural products. The amendments pertain to activities occurring after the commencement of this Act, which aligns with the commencement of the Primary Industries (Excise) Levies Act 1999. This legislation primarily affects entities within the agricultural sector, including producers, processors, and other stakeholders involved in the trade and processing of specified agricultural products. The amendments adjust definitions and rates, streamline the application of levies, and integrate references to the Primary Industries (Excise) Levies Act 1999, thereby consolidating related levies under a single legislative framework.

Key Provisions

The National Residue Survey (Excise) Levy Amendment Act 1999 amends the National Residue Survey (Excise) Levy Act 1998 to update references to various Acts and schedules within the Primary Industries (Excise) Levies Act 1999. The operative sections primarily involve replacing references to older legislation with references to the newer Primary Industries (Excise) Levies Act 1999, thereby aligning the National Residue Survey (Excise) Levy Act 1998 with the updated legislative framework. For instance, section 1 of Schedule 1 replaces references to the Cattle Transactions Levy Act 1997 and the Beef Production Levy Act 1990 with references to the Primary Industries (Excise) Levies Act 1999. Additionally, section 3 of Schedule 1 modifies the definition of cattle to exclude leviable bobby calves, while section 4 introduces a new rate for lot-fed cattle. The Act imposes specific obligations on parties involved in the processing, delivery, and sale of various agricultural products. For example, section 6 of Schedule 2 introduces a leviable amount for coarse grain, ensuring that the National Residue Survey Levy does not fall below this specified amount. Furthermore, section 7 of Schedule 2 provides exemptions from the levy if the total amount would otherwise be less than the leviable amount, applicable to both delivered and processed grain. Section 9 of Schedule 4 changes the definition of dried vine fruits, now referring to "dried grapes" instead of specific types of grapes. The amendments require compliance from various entities, including producers, processors, and proprietors. For instance, section 1 of Schedule 9 modifies the definition of horticultural products to align with the Primary Industries (Excise) Levies Act 1999, affecting those involved in the sale or use of such products. Section 4 of Schedule 10 changes the point of levy responsibility from the producer to the proprietor of the hatchery where laying chickens are hatched. Moreover, section 1 of Schedule 15 updates the definitions of lamb, sheep, and slaughter to reflect the new legislative framework. The Act does not explicitly outline specific offences, penalties, or consequences for breaches within its text. However, any non-compliance with the amended provisions could potentially lead to legal actions under the overarching Primary Industries (Excise) Levies Act 1999, which may include fines or other civil and criminal penalties as stipulated in that Act. The precise penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines issued under the Primary Industries (Excise) Levies Act 1999.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.