Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

 Download WordDownload Word  Download PDFDownload PDF 


Bill home page
Table Of Contents
Next Fragment


Contents

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

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

3............ Schedule(s).......................................................................................... 2

Schedule 1—Repeal of certain levy and charge Acts                                         3

Part 1—Repeals commencing on 1 July 1999                                                        3

Beef Production Levy Act 1990                                                                                  3

Buffalo Export Charge Act 1997                                                                               3

Buffalo Slaughter Levy Act 1997                                                                               3

Cattle (Exporters) Export Charge Act 1997                                                           4

Cattle (Producers) Export Charges Act 1997                                                        4

Cattle Transactions Levy Act 1997                                                                           4

Coarse Grains Levy Act 1992                                                                                     5

Cotton Levy Act 1982                                                                                                  5

Dairy Produce Levy (No. 1) Act 1986                                                                      5

Dairy Produce Levy (No. 2) Act 1986                                                                      6

Deer Export Charge Act 1992                                                                                    6

Deer Slaughter Levy Act 1992                                                                                   6

Deer Velvet Export Charge Act 1992                                                                       7

Deer Velvet Levy Act 1992                                                                                          7

Dried Fruits Levy Act 1971                                                                                         7

Forest Industries Research Export Charge Act 1993                                            7

Forest Industries Research Import Charge Act 1993                                            8

Forest Industries Research Levy Act 1993                                                               8

Goat Fibre Levy Act 1989                                                                                           8

Grain Legumes Levy Act 1985                                                                                    8

Grape Research Levy Act 1986                                                                                  9

Honey Export Charge Act 1973                                                                                 9

Honey Levy Act (No. 1) 1962                                                                                     9

Honey Levy Act (No. 2) 1962                                                                                   10

Horticultural Export Charge Act 1987                                                                  10

Horticultural Levy Act 1987                                                                                     10

Laying Chicken Levy Act 1988                                                                                10

Live-stock (Exporters) Export Charge Act 1997                                                  11

Live-stock (Producers) Export Charges Act 1997                                               11

Live-stock Slaughter (Processors) Levy Act 1997                                               11

Live-stock Transactions Levy Act 1997                                                                  12

Meat Chicken Levy Act 1969                                                                                   12

Oilseeds Levy Act 1977                                                                                              12

Pasture Seed Levy Act 1989                                                                                     12

Pig Slaughter Levy Act 1971                                                                                    13

Rice Levy Act 1991                                                                                                     13

Sugar Cane Levy Act 1987                                                                                       13

Wheat Levy Act 1989                                                                                                  14

Wine Export Charge Act 1997                                                                                 14

Part 2—Repeal commencing on 1 January 2000                                                15

Wine Grapes Levy Act 1979                                                                                      15

Schedule 2—Amendment of the Primary Industries Levies and Charges Collection Act 1991      16

Part 1—Amendments commencing on 1 July 1999                                            16

Part 2—Transitional provisions relating to amendments made by Part 1   23

Part 3—Amendments commencing on 1 January 2000                                    24

Part 4—Transitional provisions relating to wine grapes levy                           25

Schedule 3—Amendment of the Primary Industries and Energy Research and Development Act 1989 26

Part 1—Amendments commencing on 1 July 1999                                            26

Part 2—Transitional provision relating to amendments made by Part 1     27

Part 3—Transitional provision relating to wine grapes levy                             28

Schedule 4—Amendment of the Australian Horticultural Corporation Act 1987    29

Schedule 5—Amendment of the Australian Wine and Brandy Corporation Act 1980          38

Part 1—Amendments commencing on 1 July 1999                                            38

Part 2—Amendments commencing on 1 January 2000                                    41

Part 3—Transitional provision relating to wine grapes levy                             44

Schedule 6—Amendment of the Horticultural Research and Development Corporation Act 1987             45

Schedule 7—Amendment of the Pig Industry Act 1986                                   49

Schedule 8—Amendment of the National Cattle Disease Eradication Reserve Act 1991                51

Schedule 9—Amendment of the Australian Animal Health Council (Live-stock Industries) Funding Act 1996                                                                                                                  54

Schedule 10—Amendment of the Australian Meat and Live-stock Industry Act 1997       55

Schedule 11—Amendment of the Dairy Produce Act 1986                            58

 



A Bill for an Act to make consequential amendments relating to the Primary Industries (Excise) Levies Act 1998 and the Primary Industries (Customs) Charges Act 1998 , and for other purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Primary Industries Levies and Charges (Consequential Amendments) Act 1998 .

2   Commencement

             (1)  Subject to this section, this Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1998 .

             (2)  The following provisions commence on 1 January 2000:

                     (a)  Part 2 of Schedule 1;

                     (b)  Parts 3 and 4 of Schedule 2;

                     (c)  Part 3 of Schedule 3;

                     (d)  Parts 2 and 3 of Schedule 5.

3   Schedule(s )

                   Subject to section 2, 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.



 

Beef Production Levy Act 1990

1  The whole of the Act

Repeal the Act.

2  Application

The repeal of the Beef Production Levy Act 1990 by this Schedule applies to the slaughter of cattle after the commencement of this item.

Buffalo Export Charge Act 1997

3  The whole of the Act

Repeal the Act.

4  Application

The repeal of the Buffalo Export Charge Act 1997 by this Schedule applies to buffaloes exported after the commencement of this item.

Buffalo Slaughter Levy Act 1997

5  The whole of the Act

Repeal the Act.

6  Application

The repeal of the Buffalo Slaughter Levy Act 1997 by this Schedule applies to the slaughter of buffaloes after the commencement of this item.

Cattle (Exporters) Export Charge Act 1997

7  The whole of the Act

Repeal the Act.

8  Application

The repeal of the Cattle (Exporters) Export Charge Act 1997 by this Schedule applies to the export of cattle after the commencement of this item.

Cattle (Producers) Export Charges Act 1997

9  The whole of the Act

Repeal the Act.

10  Application

The repeal of the Cattle (Producers) Export Charges Act 1997 by this Schedule applies to the export of cattle after the commencement of this item.

Cattle Transactions Levy Act 1997

11  The whole of the Act

Repeal the Act.

12  Application

The repeal of the Cattle Transactions Levy Act 1997 by this Schedule applies 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.

Coarse Grains Levy Act 1992

13  The whole of the Act

Repeal the Act.

14  Application

The repeal of the Coarse Grains Levy Act 1992 by this Schedule applies to leviable coarse grain delivered or processed after the commencement of this item.

Cotton Levy Act 1982

15  The whole of the Act

Repeal the Act.

16  Application

The repeal of the Cotton Levy Act 1982 by this Schedule applies to leviable cotton produced after the commencement of this item.

Dairy Produce Levy (No. 1) Act 1986

17  The whole of the Act

Repeal the Act.

18  Application

The repeal of the Dairy Produce Levy (No. 1) Act 1986 by this Schedule applies as follows:

                     (a)  in the case of the market milk levy—to relevant dairy produce supplied by the producer after the commencement of this item;

                     (b)  in the case of the manufacturing milk levy—to relevant dairy produce:

                              (i)  delivered after the commencement of this item to a manufacturer by the producer; or

                             (ii)  produced by a manufacturer and used after the commencement of this item by the manufacturer in the manufacture of dairy produce;

                     (c)  in the case of the acquisition offset levy—to dairy produce acquired after the commencement of this item;

                     (d)  in the case of the Corporation levy, the promotion levy, the research levy or the Australian Animal Health Council levy—to relevant dairy produce produced after the commencement of this item.

Dairy Produce Levy (No. 2) Act 1986

19  The whole of the Act

Repeal the Act.

20  Application

The repeal of the Dairy Produce Levy (No. 2) Act 1986 by this Schedule applies to dairy produce imported after the commencement of this item.

Deer Export Charge Act 1992

21  The whole of the Act

Repeal the Act.

22  Application

The repeal of the Deer Export Charge Act 1992 by this Schedule applies to deer exported after the commencement of this item.

Deer Slaughter Levy Act 1992

23  The whole of the Act

Repeal the Act.

24  Application

The repeal of the Deer Slaughter Levy Act 1992 by this Schedule applies to the slaughter of deer after the commencement of this item.

Deer Velvet Export Charge Act 1992

25  The whole of the Act

Repeal the Act.

26  Application

The repeal of the Deer Velvet Export Charge Act 1992 by this Schedule applies to deer velvet exported after the commencement of this item.

Deer Velvet Levy Act 1992

27  The whole of the Act

Repeal the Act.

28  Application

The repeal of the Deer Velvet Levy Act 1992 by this Schedule applies to deer velvet:

                     (a)  sold by the producer; or

                     (b)  used by or on behalf of the producer in the production of other goods;

after the commencement of this item.

Dried Fruits Levy Act 1971

29  The whole of the Act

Repeal the Act.

30  Application

The repeal of the Dried Fruits Levy Act 1971 by this Schedule applies to dried fruits received after the commencement of this item.

Forest Industries Research Export Charge Act 1993

31  The whole of the Act

Repeal the Act.

32  Application

The repeal of the Forest Industries Research Export Charge Act 1993 made by this Schedule applies to logs exported after the commencement of this item.

Forest Industries Research Import Charge Act 1993

33  The whole of the Act

Repeal the Act.

34  Application

The repeal of the Forest Industries Research Import Charge Act 1993 by this Schedule applies to forest products imported after the commencement of this item.

Forest Industries Research Levy Act 1993

35  The whole of the Act

Repeal the Act.

36  Application

The repeal of the Forest Industries Research Levy Act 1993 by this Schedule applies to logs delivered to a mill after the commencement of this item.

Goat Fibre Levy Act 1989

37  The whole of the Act

Repeal the Act.

38  Application

The repeal of the Goat Fibre Levy Act 1989 by this Schedule applies to leviable fibre produced after the commencement of this item.

Grain Legumes Levy Act 1985

39  The whole of the Act

Repeal the Act.

40  Application

The repeal of the Grain Legumes Levy Act 1985 by this Schedule applies to leviable grain legumes delivered or processed after the commencement of this item.

Grape Research Levy Act 1986

41  The whole of the Act

Repeal the Act.

42  Application

The repeal of the Grape Research Levy Act 1986 by this Schedule applies to prescribed goods delivered to a processing establishment after the commencement of this item.

Honey Export Charge Act 1973

43  The whole of the Act

Repeal the Act.

44  Application

The repeal of the Honey Export Charge Act 1973 by this Schedule applies to honey exported after the commencement of this item.

Honey Levy Act (No. 1) 1962

45  The whole of the Act

Repeal the Act.

46  Application

The repeal of the Honey Levy Act (No. 1) 1962 by this Schedule applies to honey sold after the commencement of this item.

Honey Levy Act (No. 2) 1962

47  The whole of the Act

Repeal the Act.

48  Application

The repeal of the Honey Levy Act (No. 2) 1962 by this Schedule applies to honey used by a person in the production of other goods, if the use occurs after the commencement of this item.

Horticultural Export Charge Act 1987

49  The whole of the Act

Repeal the Act.

50  Application

The repeal of the Horticultural Export Charge Act 1987 by this Schedule applies to chargeable horticultural products exported after the commencement of this item.

Horticultural Levy Act 1987

51  The whole of the Act

Repeal the Act.

52  Application

The repeal of the Horticultural Levy Act 1987 by this Schedule applies to leviable horticultural products:

                     (a)  sold by the producer; or

                     (b)  used by the producer in the production of other goods;

after the commencement of this item.

Laying Chicken Levy Act 1988

53  The whole of the Act

Repeal the Act.

54  Application

The repeal of the Laying Chicken Levy Act 1988 by this Schedule applies to laying chickens hatched after the commencement of this item.

Live-stock (Exporters) Export Charge Act 1997

55  The whole of the Act

Repeal the Act.

56  Application

The repeal of the Live-stock (Exporters) Export Charge Act 1997 by this Schedule applies to the export of live-stock after the commencement of this item.

Live-stock (Producers) Export Charges Act 1997

57  The whole of the Act

Repeal the Act.

58  Application

The repeal of the Live-stock (Producers) Export Charges Act 1997 by this Schedule applies to the export of live-stock after the commencement of this item.

Live-stock Slaughter (Processors) Levy Act 1997

59  The whole of the Act

Repeal the Act.

60  Application

The repeal of the Live-stock Slaughter (Processors) Levy Act 1997 by this Schedule applies to the slaughter of live-stock after the commencement of this item.

Live-stock Transactions Levy Act 1997

61  The whole of the Act

Repeal the Act.

62  Application

The repeal of the Live-stock Transactions Levy Act 1997 by this Schedule applies to:

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

                     (b)  deliveries of live-stock to processors after the commencement of this item; and

                     (c)  slaughter of live-stock after the commencement of this item.

Meat Chicken Levy Act 1969

63  The whole of the Act

Repeal the Act.

64  Application

The repeal of the Meat Chicken Levy Act 1969 by this Schedule applies to meat chickens hatched after the commencement of this item.

Oilseeds Levy Act 1977

65  The whole of the Act

Repeal the Act.

66  Application

The repeal of the Oilseeds Levy Act 1977 by this Schedule applies to leviable oilseeds delivered or processed after the commencement of this item.

Pasture Seed Levy Act 1989

67  The whole of the Act

Repeal the Act.

68  Application

The repeal of the Pasture Seed Levy Act 1989 by this Schedule applies to leviable seed certified under a certification scheme after the commencement of this item.

Pig Slaughter Levy Act 1971

69  The whole of the Act

Repeal the Act.

70  Application

The repeal of the Pig Slaughter Levy Act 1971 by this Schedule applies to the slaughter of pigs after the commencement of this item.

Rice Levy Act 1991

71  The whole of the Act

Repeal the Act.

72  Application

The repeal of the Rice Levy Act 1991 by this Schedule applies to leviable rice delivered to a processor after the commencement of this item.

Sugar Cane Levy Act 1987

73  The whole of the Act

Repeal the Act.

74  Application

The repeal of the Sugar Cane Levy Act 1987 by this Schedule applies to sugar cane accepted at a sugar mill for processing, if the acceptance occurs after the commencement of this item.

Wheat Levy Act 1989

75  The whole of the Act

Repeal the Act.

76  Application

The repeal of the Wheat Levy Act 1989 by this Schedule applies to wheat:

                     (a)  delivered by the producer to another person; or

                     (b)  processed by or for the producer;

after the commencement of this item.

77  Transitional—commencement of renaming provision

To avoid doubt, despite anything in the Wheat Marketing Amendment Act 1997 , Part 3 of Schedule 1 to that Act is taken to have commenced immediately before the commencement of this Schedule.

Note:       Part 3 of Schedule 1 to the Wheat Marketing Amendment Act 1997 renamed the Wheat Industry Fund Levy Act 1989 as the Wheat Levy Act 1989 .

Wine Export Charge Act 1997

78  The whole of the Act

Repeal the Act.

79  Application

The repeal of the Wine Export Charge Act 1997 by this Schedule applies to wine exported after the commencement of this item.



 

Wine Grapes Levy Act 1979

80  The whole of the Act

Repeal the Act.

81  Application

The repeal of the Wine Grapes Levy Act 1979 by this Schedule applies to prescribed goods used at a winery after the commencement of this item in the manufacture of wine.



 

1  Subsection 4(1) (paragraph (b) of the definition of associated Act )

Omit “(other than the Dairy Produce Levy (No. 2) Act 1986 )”.

2  Subsection 4(1) (definition of charge )

After “imposed by”, insert “or under”.

3  Subsection 4(1) (definition of feedlot operator )

Omit “the Cattle Transaction Levy Act 1995 , Beef Production Levy Act 1990 or the Cattle Export Charge Act 1990 ”, substitute “Schedule 1 or 3 to the Primary Industries (Excise) Levies Act 1998 or Schedule 2 to the Primary Industries (Customs) Charges Act 1998 ”.

4  Subsection 4(1) (definition of forest industries levy or charge )

Repeal the definition, substitute:

forest industries levy or charge means:

                     (a)  levy imposed by Schedule 10 to the Primary Industries (Excise) Levies Act 1998 ; or

                     (b)  charge imposed by Schedule 7 or 8 to the Primary Industries (Customs) Charges Act 1998 .

5  Subsection 4(1) (definition of levy )

After “imposed by”, insert “or under”.

6  Subsection 4(1) (paragraph (b) of the definition of prescribed goods or services )

Omit “subsection 6(2) of the Horticultural Levy Act 1987 ”, substitute “subclause 2(2) of Schedule 15 to the Primary Industries (Excise) Levies Act 1998 ”.

7  Subsection 4(1) (paragraph (a) of the definition of producer )

Omit “the Honey Levy Act (No. 1) 1962 ”, substitute “clause 2 of Schedule 14 to the Primary Industries (Excise) Levies Act 1998 ”.

8  Subsection 4(1) (paragraph (da) of the definition of producer )

Omit “the Forest Industries Research Levy Act 1993 ”, substitute “Schedule 10 to the Primary Industries (Excise) Levies Act 1998 ”.

9  Subsection 4(1) (paragraph (f) of the definition of producer )

Omit all the words from and including “in” (first occurring) to and including “levy is imposed”, substitute “in the case of pigs in relation to which levy is imposed”.

10  Subsection 4(1) (paragraph (fa) of the definition of producer )

Omit “the Live-stock (Producers) Export Charges Act 1997 (in so far as collection of charge imposed under that Act is concerned)”, substitute “Schedule 12 to the Primary Industries (Customs) Charges Act 1998 (in so far as collection of charge imposed under that Schedule is concerned)”.

11  Subsection 4(1) (paragraph (fb) of the definition of producer )

Omit “the Cattle (Producers) Export Charges Act 1997 (in so far as collection of charges imposed under that Act is concerned)”, substitute “Schedule 3 to the Primary Industries (Customs) Charges Act 1998 (in so far as collection of charges imposed under that Schedule is concerned)”.

12  Subsection 4(1) (paragraph (fc) of the definition of producer )

Omit “the Buffalo Export Charge Act 1997 ”, substitute “Schedule 1 to the Primary Industries (Customs) Charges Act 1998 ”.

13  Subsection 4(1) (paragraph (g) of the definition of producer )

Omit “the Live-stock (Exporters) Export Charge Act 1997 (in so far as the collection of charge imposed under that Act is concerned), logs within the meaning of the Forest Industries Research Export Charge Act 1993 ”, substitute “Schedule 11 to the Primary Industries (Customs) Charges Act 1998 (in so far as the collection of charge imposed under that Schedule is concerned), logs within the meaning of Schedule 7 to the Primary Industries (Customs) Charges Act 1998 ”.

14  Subsection 4(1) (paragraph (ga) of the definition of producer )

Omit “the Forest Industries Research Import Charge Act 1993 ”, substitute “Schedule 8 to the Primary Industries (Customs) Charges Act 1998 ”.

15  Subsection 4(1) (paragraph (hb) of the definition of producer )

Omit “subsection 6(2) of the Horticultural Levy Act 1987 ”, substitute “subclause 2(2) of Schedule 15 to the Primary Industries (Excise) Levies Act 1998 ”.

16  Paragraph 4(2)(a)

Omit “subsection 8(1), (2) or (3) of the Cattle Transactions Levy Act 1997 ”, substitute “subclause 7(1), (2) or (3) of Schedule 3 to the Primary Industries (Excise) Levies Act 1998 ”.

17  Paragraph 4(2)(b)

Omit “section 7 of the Beef Production Levy Act 1990 ”, substitute “clause 4 of Schedule 1 to the Primary Industries (Excise) Levies Act 1998 ”.

18  Paragraph 4(2)(c)

Omit “section 7 of the Cattle (Exporters) Export Charge Act 1997 ”, substitute “clause 4 of Schedule 2 to the Primary Industries (Customs) Charges Act 1998 ”.

19  Paragraph 4(2)(d)

Omit “section 9 of the Live-stock Slaughter (Processors) Levy Act 1997 ”, substitute “clause 4 of Schedule 17 to the Primary Industries (Excise) Levies Act 1998 ”.

20  Paragraph 4(2)(e)

Omit “section 9 of the Live-stock Transactions Levy Act 1997 ”, substitute “clause 5 of Schedule 18 to the Primary Industries (Excise) Levies Act 1998 ”.

21  Paragraph 4(2)(f)

Omit “section 6 of the Buffalo Slaughter Levy Act 1997 ”, substitute “clause 3 of Schedule 2 to the Primary Industries (Excise) Levies Act 1998 ”.

22  At the end of paragraph 4(4)(b)

Add “or”.

23  After paragraph 4(4)(b)

Insert:

                     (c)  regulations made for the purposes of Schedule 27 to the Primary Industries (Excise) Levies Act 1998 for the purposes of the imposition of the levy by those regulations; or

                     (d)  regulations made for the purposes of Schedule 14 to the Primary Industries (Customs) Charges Act 1998 for the purposes of the imposition of the charge by those regulations;

24  Subsection 4(4)

Omit “or that Schedule”, substitute “, that Schedule or those regulations”.

25  At the end of section 4

Add:

             (5)  For the purposes of the collection or recovery of a charge imposed by Schedule 4 to the Primary Industries (Customs) Charges Act 1998 (which deals with dairy produce), the charge may be referred to as either a charge or a levy.

26  Subsection 7(2A)

Omit “the Cattle Transactions Levy Act 1997 ”, substitute “Schedule 3 to the Primary Industries (Excise) Levies Act 1998 ”.

27  Subsection 8(4)

Omit “the Beef Production Levy Act 1990 or the Cattle Transactions Levy Act 1997 ”, substitute “Schedule 1 or 3 to the Primary Industries (Excise) Levies Act 1998 ”.

28  After subsection 8(4A)

Insert:

          (4B)  If levy is imposed under Schedule 27 to the Primary Industries (Excise) Levies Act 1998 on an animal in the event of the slaughter of the animal, the regulations may provide that the proprietor of an abattoir may refuse to:

                     (a)  slaughter the animal at the abattoir; or

                     (b)  permit the slaughter of the animal at the abattoir;

unless the person liable to pay the levy first provides the proprietor with the funds necessary for the due payment, on behalf of the person, of levy payable in relation to the animal.

          (4C)  Regulations made for the purposes of subsection (4B) have effect despite:

                     (a)  any law of a State or Territory; or

                     (b)  any contract, whether entered into before or after the commencement of this subsection.

29  Subsection 24A(1)

Omit “the Beef Production Levy Act 1990 ”, substitute “Schedule 1 to the Primary Industries (Excise) Levies Act 1998 ”.

30  Section 24A (note)

Omit “subsection 4(1) of the Beef Production Levy Act 1990 ”, substitute “clause 1 of Schedule 1 to the Primary Industries (Excise) Levies Act 1998 ”.

31  Subsection 28(9) (paragraph (b) of the definition of relevant decision )

Repeal the paragraph.

32  Subsection 28(9) (paragraphs (d) and (e) of the definition of relevant decision )

Repeal the paragraphs, substitute:

                     (d)  a determination by the Secretary, or a delegate of the Secretary, under subclause 5(2) of Schedule 8 to the Primary Industries (Excise) Levies Act 1998 , of the declared value of a quantity of deer velvet used in the production of other goods; or

                     (e)  a determination by the Secretary, or a delegate of the Secretary, under paragraph 3(3)(a) of Schedule 6 to the Primary Industries (Customs) Charges Act 1998 , of the declared value of a quantity of deer velvet exported from Australia.

33  After section 29

Insert:

29A   Associated Acts do not authorise the imposition of a tax on property of a State

             (1)  An associated Act has no effect to the extent (if any) to which it authorises the imposition of a tax on property of any kind belonging to a State.

             (2)  In this section, property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.

             (3)  For the purposes of this section, it is to be assumed that a reference in section 114 of the Constitution to a State includes a reference to the Australian Capital Territory and the Northern Territory.

34  Schedules 1 and 2

Repeal the Schedules, substitute:

Schedule 1 Acts that impose a charge

Note:       See subsection 4(1).

 

Primary Industries (Customs) Charges Act 1998

Schedule 2 Acts that impose a levy

Note:       See subsection 4(1).

 

National Residue Survey (Customs) Levy Act 1998

National Residue Survey (Excise) Levy Act 1998

Primary Industries (Excise) Levies Act 1998

Wine Grapes Levy Act 1979



 

35  Transitional—pre-commencement charges and levies

Despite the amendments of the Primary Industries Levies and Charges Collection Act 1991 made by this Schedule, that Act continues to apply, in relation to:

                     (a)  a charge imposed by an Act repealed by Part 1 of Schedule 1 to this Act; or

                     (b)  a levy imposed by an Act repealed by Part 1 of Schedule 1 to this Act;

as if those amendments had not been made.

36  Transitional—regulations

Unless the contrary intention appears, regulations made for the purposes of the Primary Industries Levies and Charges Collection Act 1991 apply, in relation to:

                     (a)  a charge imposed by any of Schedules 1 to 13 to the Primary Industries (Customs) Charges Act 1998 ; or

                     (b)  a levy imposed by any of Schedules 1 to 25 to the Primary Industries (Excise) Levies Act 1998 ;

in a corresponding way to the way in which those regulations apply in relation to:

                     (c)  in the case of a charge (other than charge imposed by Schedule 4 to the Primary Industries (Customs) Charges Act 1998 )—the corresponding charge imposed by an Act repealed by Part 1 of Schedule 1 to this Act; or

                     (d)  in the case of a charge imposed by Schedule 4 to the Primary Industries (Customs) Charges Act 1998 —the corresponding levy imposed by the repealed Dairy Produce Levy (No. 2) Act 1986 ; or

                     (e)  in the case of a levy—the corresponding levy imposed by an Act repealed by Part 1 of Schedule 1 to this Act.



 

37  Subsection 4(1) (paragraph (ha) of the definition of producer )

Omit “subsection 4(1) of the Wine Grapes Levy Act 1979 ”, substitute “clause 1 of Schedule 26 to the Primary Industries (Excise) Levies Act 1998 ”.

38  Schedule 2

Omit:

Wine Grapes Levy Act 1979



 

39  Transitional—pre-commencement levy

Despite the amendments of the Primary Industries Levies and Charges Collection Act 1991 made by this Schedule, that Act continues to apply, in relation to levy imposed by the Wine Grapes Levy Act 1979 , as if those amendments had not been made.

40  Transitional—regulations

Unless the contrary intention appears, regulations made for the purposes of the Primary Industries Levies and Charges Collection Act 1991 apply, in relation to levy imposed by Schedule 26 to the Primary Industries (Excise) Levies Act 1998 , in a corresponding way to the way in which those regulations apply in relation to levy imposed by the repealed Wine Grapes Levy Act 1979 .



 

1  Subsection 4(1) (before paragraph (a) of the definition of research component )

Insert:

                    (aa)  in relation to the levy imposed by Schedule 25 to the Primary Industries (Excise) Levies Act 1998 —the whole of the levy; and

2  Subsection 4(1) (paragraph (a) of the definition of research component )

Omit “imposed by the”, substitute “imposed by the repealed”.

3  Subsections 5(4) and (5)

Omit “imposed by the”, substitute “imposed by the repealed”.

4  Subsection 25(4)

Omit “under the”, substitute “under Schedule 8 to the Primary Industries (Customs) Charges Act 1998 or under the repealed”.

5  Subsection 31(4)

Omit “the Forest Industries Research Levy Act 1993 and the”, substitute “Schedule 10 to the Primary Industries (Excise) Levies Act 1998 , the repealed Forestry Industries Research Levy Act 1993 , Schedule 7 to the Primary Industries (Customs) Charges Act 1998 and the repealed”.

6  Section 33A

Omit “under the”, substitute “under Schedule 8 to the Primary Industries (Customs) Charges Act 1998 or under the repealed”.



 

7  Transitional—regulations

Unless the contrary intention appears, regulations made for the purposes of the Primary Industries and Energy Research and Development Act 1989 apply, in relation to:

                     (a)  a charge imposed by any of Schedules 1 to 13 to the Primary Industries (Customs) Charges Act 1998 ; or

                     (b)  a levy imposed by any of Schedules 1 to 25 to the Primary Industries (Excise) Levies Act 1998 ;

in a corresponding way to the way in which those regulations apply in relation to:

                     (c)  in the case of a charge (other than charge imposed by Schedule 4 to the Primary Industries (Customs) Charges Act 1998 )—the corresponding charge imposed by an Act repealed by Part 1 of Schedule 1 to this Act; or

                     (d)  in the case of a charge imposed by Schedule 4 to the Primary Industries (Customs) Charges Act 1998 —the corresponding levy imposed by the repealed Dairy Produce Levy (No. 2) Act 1986 ; or

                     (e)  in the case of a levy—the corresponding levy imposed by an Act repealed by Part 1 of Schedule 1 to this Act.



 

8  Transitional—regulations

Unless the contrary intention appears, regulations made for the purposes of the Primary Industries and Energy Research and Development Act 1989 apply, in relation to levy imposed by Schedule 26 to the Primary Industries (Excise) Levies Act 1998 , in a corresponding way to the way in which those regulations apply in relation to levy imposed by the repealed Wine Grapes Levy Act 1979 .



 

   

1  Subsection 3(1)

Insert:

Board’s component of charge has the meaning given by section 115PA.

2  Subsection 3(1)

Insert:

Board’s component of levy has the meaning given by section 115PB.

3  Subsection 3(1)

Insert:

Corporation’s component of charge has the meaning given by section 46A.

4  Subsection 3(1)

Insert:

Corporation’s component of levy has the meaning given by section 46B.

5  Subsection 3(1) (definition of export charge)

Repeal the definition.

6  Subsection 3(1) (definition of Export Charge Act )

Repeal the definition.

7  Subsection 3(1) (definition of Export Charge Collection Act )

Repeal the definition.

8  Subsection 3(1) (definition of levy )

Repeal the definition.

9  Subsection 3(1) (definition of Levy Act )

Repeal the definition.

10  Subsection 3(1) (definition of Levy Collection Act )

Repeal the definition.

11  Subsection 3(1)

Insert:

old export charge , in relation to a Board, means a charge whose rate is fixed under section 8A of the old Export Charge Act in relation to the Board.

12  Subsection 3(1)

Insert:

old Export Charge Act means the repealed Horticultural Export Charge Act 1987 .

13  Subsection 3(1)

Insert:

old Export Charge Collection Act means the repealed Horticultural Export Charge Collection Act 1987 .

14  Subsection 3(1)

Insert:

old levy , in relation to a Board, means a levy whose rate is fixed under section 8A of the old Levy Act in relation to the Board.

15  Subsection 3(1)

Insert:

old Levy Act means the repealed Horticultural Levy Act 1987 .

16  Subsection 3(1)

Insert:

old Levy Collection Act means the repealed Horticultural Levy Collection Act 1987 .

17  Before section 47

Insert:

46A   Corporation’s component of charge

                   For the purposes of this Act, the Corporation’s component of charge is an amount of charge covered by subclause 3(3) of Schedule 10 to the Primary Industries (Customs) Charges Act 1998 .

46B   Corporation’s component of levy

                   For the purposes of this Act, the Corporation’s component of levy is any of the following amounts:

                     (a)  an amount of levy covered by subclause 4(1) of Schedule 15 to the Primary Industries (Excise) Levies Act 1998 ;

                     (b)  an amount of levy covered by paragraph 4(1)(a) of Schedule 14 to the Primary Industries (Excise) Levies Act 1998 ;

                     (c)  an amount of levy covered by paragraph 4(2)(a) of Schedule 14 to the Primary Industries (Excise) Levies Act 1998 .

18  Before paragraph 47(1)(a)

Insert:

                  (aaa)  amounts received by the Commonwealth as the Corporation’s component of levy; and

19  Section 47

Omit “the Levy Act” (wherever occurring), substitute “the old Levy Act”.

20  Paragraph 47(1)(aa)

Before “(a)”, insert “(aaa) or”.

21  Section 47

Omit “the Levy Collection Act” (wherever occurring), substitute “the old Levy Collection Act”.

22  Before paragraph 47(2)(a)

Insert:

                  (aaa)  amounts received by the Commonwealth as the Corporation’s component of charge; and

23  Section 47

Omit “the Export Charge Act” (wherever occurring), substitute “the old Export Charge Act”.

24  Paragraph 47(2)(aa)

Before “(a)”, insert “(aaa) or”.

25  Section 47

Omit “the Export Charge Collection Act” (wherever occurring), substitute “the old Export Charge Collection Act”.

26  Paragraph 47(2A)(a)

After “under the”, insert “repealed”.

27  Subsection 47(2A)

Before “ Honey Levy Act (No. 1) 1962 ” (wherever occurring), insert “repealed”.

28  Subsection 47(2A)

Before “ Honey Levy Act (No. 2) 1962 ” (wherever occurring), insert “repealed”.

29  Subsection 47(2A)

Before “ Honey Levy Collection Act 1962 ” (wherever occurring), insert “repealed”.

30  Paragraph 47(2A)(f)

Before “ Honey Export Charge Collection Act 1973 ”, insert “repealed”.

31  After subsection 47(3)

Insert:

          (3A)  The reference in paragraph (1)(aaa) to amounts received by the Commonwealth as the Corporation’s component of levy includes a reference to:

                     (a)  amounts received by the Commonwealth under subsection 7(1) or (2) of the Levies and Charges Collection Act in relation to such a component of levy; and

                     (b)  amounts received by the Commonwealth by virtue of an agreement entered into under section 10 or 11 of that Act in relation to such a component of levy.

32  After subsection 47(4)

Insert:

          (4A)  The reference in paragraph (2)(aaa) to amounts received by the Commonwealth as the Corporation’s component of charge includes a reference to:

                     (a)  amounts received by the Commonwealth under paragraph 7(3)(a) of the Levies and Charges Collection Act in relation to such a component of charge; and

                     (b)  amounts received by the Commonwealth by virtue of an agreement entered into under section 10 or 11 of that Act in relation to such a component of charge.

33  Paragraph 47(5)(aa)

Omit “paragraph 7(3)(b)”, substitute “paragraph 7(3)(a)”.

34  Paragraphs 47(5A)(a) and (6A)(a)

Omit “(f)”, substitute “(e)”.

35  Paragraphs 47A(1)(a) and (b)

After “of the”, insert “old”.

36  Paragraphs 47A(2)(a) and (b)

After “of the”, insert “old”.

37  Subparagraph 48(1)(aa)(i)

Before “(a)” (wherever occurring), insert “(aaa),”.

38  Before section 115Q

Insert:

115PA   Board’s component of charge

                   For the purposes of this Act, if:

                     (a)  a rate of charge is fixed under subclause 3(4) of Schedule 10 to the Primary Industries (Customs) Charges Act 1998 in relation to a class of horticultural products; and

                     (b)  a Product Board has been established in relation to any or all of those products;

the Board’s component of charge is the amount of charge covered by the operation of that subclause in relation to that class of products.

115PB   Board’s component of levy

                   For the purposes of this Act, if:

                     (a)  a rate of levy is fixed under subclause 4(2) of Schedule 15 to the Primary Industries (Excise) Levies Act 1998 in relation to a class of horticultural products; and

                     (b)  a Product Board has been established in relation to any or all of those products;

the Board’s component of levy is the amount of levy covered by the operation of that subclause in relation to that class of products.

39  Before paragraph 115Q(1)(a)

Insert:

                    (aa)  amounts received by the Commonwealth as the Board’s component of levy;

                    (ab)  amounts received by the Commonwealth as the Board’s component of charge;

                    (ac)  amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act in relation to amounts of levy referred to in paragraph (aa);

                    (ad)  amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act in relation to amounts of charge referred to in paragraph (ab);

40  Paragraph 115Q(1)(a)

Omit “levy received”, substitute “old levy received”.

41  Section 115Q

Before “Levy Act” (wherever occurring), insert “old”.

42  Paragraph 115Q(1)(b)

Omit “export charge received”, substitute “old export charge received”.

43  Section 115Q

Before “Export Charge Act” (wherever occurring), insert “old”.

44  Section 115Q

Before “Levy Collection Act” (wherever occurring), insert “old”.

45  Paragraph 115Q(1)(c)

Omit “levy referred to”, substitute “old levy referred to”.

46  Section 115Q

Before “Export Charge Collection Act” (wherever occurring), insert “old”.

47  Paragraph 115Q(1)(d)

Omit “export charge referred to”, substitute “old export charge referred to”.

48  After subsection 115Q(3)

Insert:

          (3A)  The reference in paragraph (1)(aa) to amounts received by the Commonwealth as the Board’s component of levy includes a reference to:

                     (a)  amounts received by the Commonwealth under subsection 7(1) or (2) of the Levies and Charges Collection Act in relation to that component of levy; and

                     (b)  amounts received by the Commonwealth by virtue of an agreement entered into under section 10 or 11 of that Act in relation to that component of levy.

          (3B)  The reference in paragraph (1)(ab) to amounts received by the Commonwealth as the Board’s component of charge includes a reference to:

                     (a)  amounts received by the Commonwealth under paragraph 7(3)(a) of the Levies and Charges Collection Act in relation to that component of charge; and

                     (b)  amounts received by the Commonwealth by virtue of an agreement entered into under section 10 or 11 of that Act in relation to that component of charge.

          (3C)  The reference in paragraph (1)(ac) to amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act includes a reference to:

                     (a)  amounts received by the Commonwealth under paragraph 7(1)(e) or (2)(d) of that Act; and

                     (b)  amounts received by the Commonwealth under subsection 9(1) of that Act in respect of penalty payable under that Act; and

                     (c)  amounts received by the Commonwealth by virtue of an agreement entered into under section 10 or 11 of that Act in respect of penalty payable under that Act.

          (3D)  The reference in paragraph (1)(ad) to amounts received by the Commonwealth by way of penalty under section 15 of the Levies and Charges Collection Act includes a reference to:

                     (a)  amounts received by the Commonwealth under paragraph 7(3)(b) of that Act; and

                     (b)  amounts received by the Commonwealth under subsection 9(1) of that Act in respect of penalty payable under that Act; and

                     (c)  amounts received by the Commonwealth by virtue of an agreement entered into under section 10 or 11 of that Act in respect of penalty payable under that Act.

49  Subsection 115Q(4)

Omit “levy received”, substitute “old levy received”.

50  Subsection 115Q(5)

Omit “charge received”, substitute “old export charge received”.



 

1  Subsection 4(1)

Insert:

wine export charge means charge imposed by Schedule 13 to the Primary Industries (Customs) Charges Act 1998 .

2  Subsection 29U(1) (definition of Charge Act )

Repeal the definition.

3  Subsection 29U(1)

Insert:

old Charge Act means the repealed Wine Export Charge Act 1997 .

4  Before paragraph 29V(1)(a)

Insert:

                    (ab)  wine export charge; and

5  Paragraph 29V(1)(b)

After “under the”, insert “old”.

6  Before paragraph 32(a)

Insert:

                    (ac)  amounts received by the Commonwealth as wine export charge; and

                    (ad)  so much of the amounts (if any) received by the Commonwealth under section 15 of the Primary Industries Levies and Charges Collection Act 1991 as is attributable to non-payment of wine export charge; and

7  Paragraphs 32(a) and (b)

Omit “6(1)(g)”, substitute “6(1)(b)”.

8  Paragraph 32(c)

After “charge under the”, insert “repealed”.

9  Paragraph 32(d)

After “section 6 of the”, insert “repealed”.

10  Subsection 33(1)

After “section 7 of the”, insert “repealed”.

11  Subsection 33(1)

Omit “6(1)(g)”, substitute “6(1)(b)”.

12  Subsection 33(2)

After “section 6 of the”, insert “repealed”.

13  At the end of section 33

Add:

             (3)  If:

                     (a)  a refund is made by the Commonwealth under section 18 of the Primary Industries Levies and Charges Collection Act 1991 in respect of an amount; and

                     (b)  the amount has been paid or overpaid to the Commonwealth by way of wine export charge;

the Corporation must pay to the Commonwealth an amount equal to the amount of the refund.

14  Subparagraph 35(ab)(i)

Before “(a)”, insert “(ac), (ad),”.

15  Before paragraph 39ZL(1)(c)

Insert:

                    (bb)  wine export charge; or

16  Paragraphs 39ZL(1)(d) and (e)

After “imposed by the”, insert “repealed”.

17  Subsection 39ZL(2)

Omit “(1)”, substitute “(1A)”.



 

18  Subsection 4(1)

Insert:

Corporation’s component of wine grapes levy has the meaning given by section 31L.

19  Subsection 4(1)

Insert:

wine grapes levy means levy imposed by Schedule 26 to the Primary Industries (Excise) Levies Act 1998 .

20  Subsection 29U(1) (definition of Levy Act )

Repeal the definition.

21  Subsection 29U(1)

Insert:

old Levy Act means the repealed Wine Grapes Levy Act 1979 .

22  Subsection 29U(2)

Omit “levy imposed under the Levy Act”, substitute “wine grapes levy, or levy imposed under the old Levy Act,”.

23  Before paragraph 29V(1)(ab)

Insert:

                    (aa)  wine grapes levy; and

24  Paragraph 29V(1)(a)

After “under the”, insert “old”.

25  Subsection 29Z(1)

Omit “levy imposed during the immediately preceding year under the Levy Act”, substitute “wine grapes levy imposed during the immediately preceding year, or the amount of the levy imposed during the immediately preceding year under the old Levy Act,”.

26  Section 29ZA

Omit “subsection 9(2) of the Levy Act”, substitute “subclause 9(1) of Schedule 26 to the Primary Industries (Excise) Levies Act 1998 ”.

27  Before section 32

Insert:

31L   Corporation’s component of wine grapes levy

                   For the purposes of this Act, the Corporation’s component of wine grapes levy is an amount of levy covered by paragraph 7(1)(a) of Schedule 26 to the Primary Industries (Excise) Levies Act 1998 .

28  Before paragraph 32(ac)

Insert:

                    (aa)  amounts received by the Commonwealth as the Corporation’s component of wine grapes levy; and

                    (ab)  so much of the amounts (if any) received by the Commonwealth under section 15 of the Primary Industries Levies and Charges Collection Act 1991 as is attributable to non-payment of the Corporation’s component of wine grapes levy; and

29  Paragraphs 32(a) and (b)

Before “ Wine Grapes Levy Act 1979 ”, insert “repealed”.

30  Paragraph 32(b)

After “section 5 of the”, insert “repealed”.

31  Subsection 33(1)

Before “ Wine Grapes Levy Act 1979 ”, insert “repealed”.

32  At the end of section 33

Add:

             (4)  If:

                     (a)  a refund is made by the Commonwealth under section 18 of the Primary Industries Levies and Charges Collection Act 1991 in respect of an amount; and

                     (b)  the amount has been paid or overpaid to the Commonwealth by way of the Corporation’s component of wine grapes levy;

the Corporation must pay to the Commonwealth an amount equal to the amount of the refund.

33  Subparagraph 35(ab)(i)

Before “(ac)”, insert “(aa), (ab),”.

34  Before paragraph 39ZL(1)(bb)

Insert:

                    (ba)  wine grapes levy; or

35  Paragraph 39ZL(1)(c)

After “imposed by the”, insert “repealed”.



 

36  Transitional—regulations

Unless the contrary intention appears, regulations made for the purposes of section 29Z of the Australian Wine and Brandy Corporation Act 1980 apply, in relation to levy imposed by Schedule 26 to the Primary Industries (Excise) Levies Act 1998 , in a corresponding way to the way in which those regulations apply in relation to levy imposed by the repealed Wine Grapes Levy Act 1979 .



 

   

1  Subsection 3(1)

Insert:

Corporation’s component of charge has the meaning given by section 44B.

2  Subsection 3(1)

Insert:

Corporation’s component of levy has the meaning given by section 44A.

3  Subsection 3(1) (definition of Export Charge Act )

Repeal the definition.

4  Subsection 3(1) (definition of Levy Act )

Repeal the definition.

5  Subsection 3(1)

Insert:

old Export Charge Act means the repealed Horticultural Export Charge Act 1987 .

6  Subsection 3(1)

Insert:

old Export Charge Collection Act means the repealed Horticultural Export Charge Collection Act 1987 .

7  Subsection 3(1)

Insert:

old Levy Act means the repealed Horticultural Levy Act 1987 .

8  Subsection 3(1)

Insert:

old Levy Collection Act means the repealed Horticultural Levy Collection Act 1987 .

9  Before section 45

Insert:

44A   Corporation’s component of levy

                   For the purposes of this Act, the Corporation’s component of levy is an amount of levy covered by subclause 4(3) of Schedule 15 to the Primary Industries (Excise) Levies Act 1998 .

44B   Corporation’s component of charge

                   For the purposes of this Act, the Corporation’s component of charge is an amount of charge covered by subclause 3(5) of Schedule 10 to the Primary Industries (Customs) Charges Act 1998 .

10  Before paragraph 45(1)(a)

Insert:

                  (aaa)  amounts received by the Commonwealth as the Corporation’s component of levy; and

11  Section 45

Before “Levy Act” (wherever occurring), insert “old”.

12  Paragraph 45(1)(aa)

Before “(a)”, insert “(aaa) or”.

13  Section 45

Before “Levy Collection Act” (wherever occurring), insert “old”.

14  Section 45

Before “Export Charge Act” (wherever occurring), insert “old”.

15  Before paragraph 45(2)(a)

Insert:

                  (aaa)  amounts received by the Commonwealth as the Corporation’s component of charge; and

16  Paragraph 45(2)(aa)

Before “(a)”, insert “(aaa) or”.

17  Section 45

Before “Export Charge Collection Act” (wherever occurring), insert “old”.

18  After subsection 45(3)

Insert:

          (3A)  The reference in paragraph (1)(aaa) to amounts received by the Commonwealth as the Corporation’s component of levy includes a reference to:

                     (a)  amounts received by the Commonwealth under subsection 7(1) or (2) of the Levies and Charges Collection Act in relation to such a component of levy; and

                     (b)  amounts received by the Commonwealth by virtue of an agreement entered into under section 10 or 11 of that Act in relation to such a component of levy.

19  After subsection 45(4)

Insert:

          (4A)  The reference in paragraph (2)(aaa) to amounts received by the Commonwealth as the Corporation’s component of charge includes a reference to:

                     (a)  amounts received by the Commonwealth under paragraph 7(3)(a) of the Levies and Charges Collection Act in relation to such a component of charge; and

                     (b)  amounts received by the Commonwealth by virtue of an agreement entered into under section 10 or 11 of that Act in relation to such a component of charge.

20  Paragraph 45(5A)(a)

Omit “7(1)(f)”, substitute “7(1)(e)”.

21  Paragraphs 45A(1)(a) and (b)

After “of the”, insert “old”.

22  Paragraphs 45A(2)(a) and (b)

After “of the”, insert “old”.

23  Paragraph 46(3)(a)

Omit “45(1)(a) and (2)(a)”, substitute “45(1)(aaa) and (a) and (2)(aaa) and (a)”.

24  Subsection 46(3)

Before “Levy Collection Act”, insert “old”.

25  Subsection 46(3)

Before “Export Charge Collection Act”, insert “old”.

26  Subparagraph 47(1)(aa)(i)

Repeal the subparagraph, substitute:

                              (i)  the collection or recovery of amounts referred to in paragraph 45(1)(aaa), (a), (aa) or (b) or (2)(aaa), (a), (aa) or (b); or



 

   

1  Section 4

Insert:

Corporation’s component of levy has the meaning given by section 22A.

2  Paragraph 7(1)(d)

Omit “paragraph 6(1)(b) of the Pig Slaughter Levy Act 1971 ”, substitute “paragraph 3(b) of Schedule 22 to the Primary Industries (Excise) Levies Act 1998 ”.

3  Before section 23

Insert:

22A   Corporation’s component of levy

                   For the purposes of this Act, the Corporation’s component of levy is an amount of levy covered by paragraph 3(b) of Schedule 22 to the Primary Industries (Excise) Levies Act 1998 .

4  Subsection 23(1)

Omit all the words after “amounts” (first occurring), substitute:

equal to:

                     (a)  amounts received by the Commonwealth as the Corporation’s component of levy; and

                     (b)  amounts of levy received by the Commonwealth because of paragraph 6(1)(b) of the repealed Pig Slaughter Levy Act 1971 .

5  After subsection 23(1)

Insert:

          (1A)  The reference in paragraph (1)(a) to amounts received by the Commonwealth as the Corporation’s component of levy includes a reference to:

                     (a)  amounts received under subsection 7(1) of the Primary Industries Levies and Charges Collection Act 1991 in relation to the Corporation’s component of levy; and

                     (b)  amounts payable by way of penalty under section 15 of that Act in relation to the Corporation’s component of levy.

6  Subsection 23(2)

Omit “subsection (1)”, substitute “paragraph (1)(b)”.

7  Paragraphs 23(2)(a) and (b)

Omit “that subsection”, substitute “paragraph (1)(b) of this section”.

8  Paragraph 23(2)(b)

After “section 6 of the”, insert “repealed”.



 

   

1  Section 3

Insert:

Reserve’s component of charge has the meaning given by section 4A.

2  Section 3

Insert:

Reserve’s component of levy has the meaning given by section 4B.

3  After section 4

Insert:

4A   Reserve’s component of charge

                   For the purposes of this Act, the Reserve’s component of charge is any of the following amounts:

                     (a)  an amount of charge covered by paragraph 2(b) of Schedule 1 to the Primary Industries (Customs) Charges Act 1998 ;

                     (b)  an amount of charge covered by paragraph 3(1)(c) of Schedule 3 to the Primary Industries (Customs) Charges Act 1998 ;

                     (c)  an amount of charge covered by paragraph 3(2)(c) of Schedule 3 to the Primary Industries (Customs) Charges Act 1998 .

4B   Reserve’s component of levy

                   For the purposes of this Act, the Reserve’s component of levy is any of the following amounts:

                     (a)  an amount of levy covered by paragraph 2(b) of Schedule 2 to the Primary Industries (Excise) Levies Act 1998 ;

                     (b)  an amount of levy covered by paragraph 6(1)(c) of Schedule 3 to the Primary Industries (Excise) Levies Act 1998 ;

                     (c)  an amount of levy covered by paragraph 6(2)(c) of Schedule 3 to the Primary Industries (Excise) Levies Act 1998 ;

                     (d)  an amount of levy covered by paragraph 6(3)(c) of Schedule 3 to the Primary Industries (Excise) Levies Act 1998 .

4  Before paragraph 5(a)

Insert:

                  (aaa)  amounts equal to the amounts received by the Commonwealth by way of the Reserve’s component of charge; and

                  (aab)  amounts equal to the amounts received by the Commonwealth by way of the Reserve’s component of levy; and

5  Paragraphs 5(a) and (aa)

Before “ Live-stock Slaughter Levy Act 1964 ”, insert “repealed”.

6  Paragraph 5(ab)

Before “ Buffalo Slaughter Levy Act 1997 ”, insert “repealed”.

7  Paragraphs 5(b) and (ba)

Before “ Live-stock Export Charge Act 1977 ”, insert “repealed”.

8  Paragraph 5(baa)

Before “ Buffalo Export Charge Act 1997 ”, insert “repealed”.

9  Paragraph 5(bb)

Before “ Cattle Transaction Levy Act 1990 ”, insert “repealed”.

10  Paragraph 5(bc)

Before “ Cattle Transaction Levy Act 1995 ”, insert “repealed”.

11  Paragraph 5(bca)

Before “ Cattle Transactions Levy Act 1997 ”, insert “repealed”.

12  Paragraph 5(bd)

Before “ Cattle Export Charges Act 1990 ”, insert “repealed”.

13  Paragraph 5(be)

Before “ Cattle (Producers) Export Charges Act 1997 ”, insert “repealed”.



 

   

1  Section 3 (before paragraph (a) of the definition of Australian Animal Health Council levy)

Insert:

                    (aa)  paragraph 3(1)(d) or (2)(d) of Schedule 3 to the Primary Industries (Customs) Charges Act 1998 ;

                    (ab)  paragraph 6(1)(d), (2)(d) or (3)(d) of Schedule 3 to the Primary Industries (Excise) Levies Act 1998 ;

                    (ac)  subclause 10(1) of Schedule 6 to the Primary Industries (Excise) Levies Act 1998 , so far as it relates to paragraph 6(1)(g) of that Schedule;

                    (ad)  paragraph 4(b) of Schedule 16 to the Primary Industries (Excise) Levies Act 1998 ;

                    (ae)  paragraph 3(c), 4(c) or 5(c) of Schedule 12 to the Primary Industries (Customs) Charges Act 1998 ;

                    (af)  paragraph 4(1)(c), (3)(c) or (4)(c) of Schedule 18 to the Primary Industries (Excise) Levies Act 1998 ;

                    (ag)  paragraph 4(b) of Schedule 19 to the Primary Industries (Excise) Levies Act 1998 ;

                    (ah)  paragraph 3(c) of Schedule 22 to the Primary Industries (Excise) Levies Act 1998 ;

2  Section 3 (paragraphs (a), (b), (c), (d), (e), (f), (g) and (h) of the definition of Australian Animal Health Council levy )

After “of the”, insert “repealed”.



 

   

1  Before subsection 63(1)

Insert:

          (1A)  There is to be paid to the marketing body, at the times, and in the manner and subject to the conditions agreed between the Minister and the body, amounts equal to:

                     (a)  amounts of levy received by the Commonwealth because of paragraphs 4(1)(a), (3)(a) and (4)(a) of Schedule 18 to the Primary Industries (Excise) Levies Act 1998 ; and

                     (b)  amounts of levy received by the Commonwealth because of paragraphs 3(1)(a), (2)(a) and (3)(a) of Schedule 17 to the Primary Industries (Excise) Levies Act 1998 ; and

                     (c)  amounts of charge received by the Commonwealth because of paragraphs 3(a), 4(a) and 5(a) of Schedule 12 to the Primary Industries (Customs) Charges Act 1998 ; and

                     (d)  amounts of charge received by the Commonwealth because of paragraphs 3(a), 4(a) and 5(a) of Schedule 11 to the Primary Industries (Customs) Charges Act 1998 ; and

                     (e)  amounts of levy received by the Commonwealth because of paragraph 3(1)(a) of Schedule 1 to the Primary Industries (Excise) Levies Act 1998 ; and

                      (f)  amounts of charge received by the Commonwealth because of paragraph 3(1)(a) and (2)(a) of Schedule 3 to the Primary Industries (Customs) Charges Act 1998 ; and

                     (g)  amounts of charge received by the Commonwealth because of paragraph 3(1)(a) of Schedule 2 to the Primary Industries (Customs) Charges Act 1998 ; and

                     (h)  amounts of levy received by the Commonwealth because of paragraphs 6(1)(a), (2)(a) and (3)(a) of Schedule 3 to the Primary Industries (Excise) Levies Act 1998 .

2  Paragraphs 64(1)(a), (b), (c), (d), (e), (f), (g) and (h)

After “of the”, insert “repealed”.

3  Before subsection 64(1)

Insert:

          (1A)  There is to be paid to the research body, at the times, and in the manner and subject to the conditions agreed between the Minister and the body, amounts equal to:

                     (a)  amounts of levy received by the Commonwealth because of paragraphs 4(1)(b), (3)(b) and (4)(b) of Schedule 18 to the Primary Industries (Excise) Levies Act 1998 ; and

                     (b)  amounts of levy received by the Commonwealth because of paragraphs 3(1)(b), (2)(b) and (3)(b) of Schedule 17 to the Primary Industries (Excise) Levies Act 1998 ; and

                     (c)  amounts of charge received by the Commonwealth because of paragraphs 3(b), 4(b) and 5(b) of Schedule 12 to the Primary Industries (Customs) Charges Act 1998 ; and

                     (d)  amounts of charge received by the Commonwealth because of paragraphs 3(b), 4(b) and 5(b) of Schedule 11 to the Primary Industries (Customs) Charges Act 1998 ; and

                     (e)  amounts of levy received by the Commonwealth because of paragraph 3(1)(b) of Schedule 1 to the Primary Industries (Excise) Levies Act 1998 ; and

                      (f)  amounts of charge received by the Commonwealth because of paragraphs 3(1)(b) and (2)(b) of Schedule 3 to the Primary Industries (Customs) Charges Act 1998 ; and

                     (g)  amounts of charge received by the Commonwealth because of paragraph 3(1)(b) of Schedule 2 to the Primary Industries (Customs) Charges Act 1998 ; and

                     (h)  amounts of levy received by the Commonwealth because of paragraphs 6(1)(b), (2)(b) and (3)(b) of Schedule 3 to the Primary Industries (Excise) Levies Act 1998 .

4  Paragraphs 64(1)(a), (b), (c), (d), (e), (f), (g) and (h)

After “of the”, insert “repealed”.

5  Subsection 65(1)

After “paragraph” (first occurring), insert “63(1A)(b), 63(1A)(e),”.

6  Subsection 65(1)

After “63(1)(e),”, insert “64(1A)(b), 64(1A)(e),”.

7  Subsection 65(2)

After “paragraph” (first occurring), insert “63(1A)(c), 63(1A)(d), 63(1A)(f), 63(1A)(g),”.

8  Subsection 65(2)

After “63(1)(g),”, insert “64(1A)(c), 64(1A)(d), 64(1A)(f), 64(1A)(g),”.

9  Subsection 65(3)

After “paragraph” (first occurring), insert “63(1A)(a), 63(1A)(h),”.

10  Subsection 65(3)

After “63(1)(h),”, insert “64(1A)(a), 64(1A)(h),”.

11  Paragraph 66(2)(a)

Omit “subsection 64(1)”, substitute “subsections 64(1A) and (1)”.



 

   

1  Subsection 3(1) (definition of corporation levy )

Repeal the definition, substitute:

Corporation levy means Corporation levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1998 , and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

2  Subsection 3(1) (definition of dairy products levy )

Repeal the definition.

3  Subsection 3(1) (definition of exotic animal disease levy )

Repeal the definition.

4  Subsection 3(1) (definition of first Levy Act )

Repeal the definition.

5  Subsection 3(1) (definition of market support levy )

Repeal the definition.

6  Subsection 3(1) (definition of milk fat levy )

Repeal the definition.

7  Subsection 3(1)

Insert:

old corporation levy means corporation levy imposed by the old first Levy Act, and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

8  Subsection 3(1)

Insert:

old dairy products levy means the levy imposed by:

                     (a)  section 9 of the old first Levy Act; or

                     (b)  section 5 or 8 of the old second Levy Act;

as in force on 30 June 1995, and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

9  Subsection 3(1)

Insert:

old first Levy Act means the repealed Dairy Produce Levy (No. 1) Act 1986 .

10  Subsection 3(1)

Insert:

old market support levy means market support levy imposed by the old first Levy Act, and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

11  Subsection 3(1)

Insert:

old promotion levy means promotion levy imposed by the old first Levy Act, and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

12  Subsection 3(1)

Insert:

old research levy means research levy imposed by the old first Levy Act, and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

13  Subsection 3(1)

Insert:

old second Levy Act means the repealed Dairy Produce Levy (No. 2) Act 1986 .

14  Subsection 3(1) (definition of promotion levy )

Repeal the definition, substitute:

promotion levy means promotion levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1998 , and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

15  Subsection 3(1) (definition of relevant dairy produce )

Repeal the definition, substitute:

relevant dairy produce has the same meaning as in Schedule 6 to the Primary Industries (Excise) Levies Act 1998 .

16  Subsection 3(1) (definition of research levy )

Repeal the definition.

17  Subsection 3(1) (definition of second Levy Act )

Repeal the definition.

18  Subsection 3(3)

Omit “the first Levy Act”, substitute “Schedule 6 to the Primary Industries (Excise) Levies Act 1998 ”.

19  Before paragraph 71(1)(a)

Insert:

                    (aa)  the amounts received by the Commonwealth as Corporation levy; and

20  Paragraph 71(1)(a)

Omit “Corporation levy”, substitute “old corporation levy.”

21  At the end of paragraph 71(1)(b)

Add “or old corporation levy”.

22  Subparagraph 74(1)(ca)(i)

Omit “71(1)(a)”, substitute “71(1)(aa), (a)”.

23  Subparagraph 88(1)(d)(i)

Omit “the first Levy Act”, substitute “Schedule 6 to the Primary Industries (Excise) Levies Act 1998 ”.

24  Paragraphs 90(1)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  the amounts received by the Commonwealth as promotion levy; and

                     (b)  the amounts received by the Commonwealth as old promotion levy; and

                     (c)  the amounts received by the Commonwealth in discharge of the liability of a person under subsection 7(1) or (2) of the Levies and Charges Collection Act in respect of amounts of promotion levy or old promotion levy.

25  Subparagraph 91(aa)(i)

Omit “or (b)”, substitute “, (b) or (c)”.

26  At the end of section 92

Add:

Note:          Section 102 provides that, as soon as practicable after 1 July 1995, the Market Support Fund is to be wound up.

27  Paragraphs 93(1)(a) and (c)

Before “market support levy”, insert “old”.

28  Paragraph 93(1)(b)

Before “dairy products levy”, insert “old”.

29  Paragraph 93(1)(b)

Before “second Levy Act”, insert “old”.

30  Section 103 (definition of acquisition offset levy )

Repeal the definition, substitute:

acquisition offset levy means:

                     (a)  acquisition offset levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1998 ; or

                     (b)  acquisition offset levy imposed by the old first Levy Act, as in force on and after 1 July 1995.

31  Section 103 (definition of import offset levy )

Repeal the definition, substitute:

import offset levy means:

                     (a)  charge imposed by clause 3 of Schedule 4 to the Primary Industries (Customs) Charges Act 1998 ; or

                     (b)  import offset levy imposed by the old second Levy Act, as in force on and after 1 July 1995.

32  Section 103 (definition of manufacturing milk levy )

Repeal the definition, substitute:

manufacturing milk levy means:

                     (a)  manufacturing milk levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1998 ; or

                     (b)  manufacturing milk levy imposed by the old first Levy Act, as in force on and after 1 July 1995;

and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to such a levy.

33  Section 103 (definition of market milk )

Omit “paragraph 5(1)(a) of the Dairy Produce Levy (No. 1) Act 1986 ”, substitute “Schedule 6 to the Primary Industries (Excise) Levies Act 1998 or by paragraph 5(1)(a) of the old first Levy Act”.

34  Section 103 (definition of market milk levy)

Repeal the definition, substitute:

market milk levy means:

                     (a)  market milk levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1998 ; or

                     (b)  market milk levy imposed by the old first Levy Act, as in force on and after 1 July 1995;

and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to such a levy.

35  Section 103 (definition of milk fat rate)

Repeal the definition, substitute:

milk fat rate means:

                     (a)  in relation to a month beginning on or after 1 July 1999—the milk fat rate prescribed, under Schedule 6 to the Primary Industries (Excise) Levies Act 1998 , in relation to the manufacturing milk levy for that month; or

                     (b)  in relation to a month beginning before 1 July 1999—the milk fat rate prescribed, under the old first Levy Act, in relation to the manufacturing milk levy for that month.

36  Section 103 (definition of protein rate)

Repeal the definition, substitute:

protein rate means:

                     (a)  in relation to a month beginning on or after 1 July 1999—the protein rate prescribed, under Schedule 6 to the Primary Industries (Excise) Levies Act 1998 , in relation to the manufacturing milk levy for that month; or

                     (b)  in relation to a month beginning before 1 July 1999—the protein rate prescribed, under the old first Levy Act, in relation to the manufacturing milk levy for that month.

37  After paragraph 107(2)(a)

Insert:

                    (aa)  charge imposed by Schedule 4 to the Primary Industries (Customs) Charges Act 1998 ; or

38  Paragraph 107(2)(b)

Omit “ Dairy Produce Levy (No. 2) Act 1986 ”, substitute “old second Levy Act”.

39  At the end of paragraph 107(2)(c)

Add “or charge referred to in paragraph (aa)”.

40  Paragraph 108D(1)(b)

Repeal the paragraph, substitute:

                     (b)  if that month begins before 1 July 1999—but for the operation of subsection 7(5) of the old first Levy Act, the amount of the manufacturing milk levy so imposed would be a negative amount; and

                     (c)  if that month begins on or after 1 July 1999—but for the operation of subclause 8(5) of Schedule 6 to the Primary Industries (Excise) Levies Act 1998 , the amount of the manufacturing milk levy so imposed would be a negative amount.

41  Subsection 108D(4)

Omit “(1)”, substitute “(3)”.

42  Paragraph 108E(1)(c)

Repeal the paragraph, substitute:

                     (c)  if that month begins before 1 July 1999—the export of the dairy produce has not been taken into account under paragraphs 7(2)(c) and (d) of the old first Levy Act; and

                     (d)  if that month begins on or after 1 July 1999—the export of the dairy produce has not been taken into account under paragraphs 8(2)(c) and (d) of Schedule 6 to the Primary Industries (Excise) Levies Act 1998 .

43  Paragraph 109A(1)(b)

Before “the total amount”, insert “if the financial year is earlier than the financial year beginning on 1 July 1999—”.

44  Paragraph 109A(1)(b)

Before “first Levy Act”, insert “old”.

45  At the end of paragraph 109A(1)(b)

Add “and”.

46  After paragraph 109A(1)(b)

Insert:

                     (c)  if the financial year begins on or after 1 July 1999—the total amount so payable by the prescribed exporter would, but for this section, exceed the amount that, under Schedule 6 to the Primary Industries (Excise) Levies Act 1998 , is the maximum amount in relation to acquisition offset levy payable by the prescribed exporter in respect of that year;

47  Subsection 109A(2) (definition of Maximum amount )

Repeal the definition, substitute:

Maximum amount means:

                     (a)  in the case of a financial year earlier than the financial year beginning on 1 July 1999—the amount that, under the old first Levy Act, is the maximum amount in relation to acquisition offset levy payable by the prescribed exporter in respect of that year; or

                     (b)  in the case of a financial year beginning on or after 1 July 1999—the amount that, under Schedule 6 to the Primary Industries (Excise) Levies Act 1998 , is the maximum amount in relation to acquisition offset levy payable by the prescribed exporter in respect of that year.

48  Subsection 109A(2) (definition of Levy )

Omit “the levy”, substitute “the acquisition offset levy or the import offset levy”.

49  Subsection 109A(4)

Repeal the subsection, substitute:

             (4)  A reference in this section to the milk fat rate for a month or the protein rate for a month has the same meaning as in:

                     (a)  in the case of a month beginning before 1 July 1999—section 7 of the old first Levy Act; or

                     (b)  in the case of a month beginning on or after 1 July 1999—clause 8 of Schedule 6 to the Primary Industries (Excise) Levies Act 1998 .

50  Subsection 109B(5)

Omit “of levy”, substitute “of acquisition offset levy or import offset levy”.

51  Subsection 109B(5)

Omit all the words after “payable”, substitute:

under:

                     (a)  Schedule 6 to the Primary Industries (Excise) Levies Act 1998 ; or

                     (b)  Schedule 4 to the Primary Industries (Customs) Charges Act 1998 ; or

                     (c)  the old first Levy Act; or

                     (d)  the old second Levy Act;

as the case requires.

52  At the end of section 109B

Add:

             (6)  In this section:

acquisition offset levy has the same meaning as in Division 5 of Part VII.

import offset levy has the same meaning as in Division 5 of Part VII.

53  Paragraph 111A(1)(a)

Repeal the paragraph, substitute:

                     (a)  it is necessary to determine the milk fat content of dairy produce for the purposes of a provision of:

                              (i)  this Act; or

                             (ii)  Schedule 6 to the Primary Industries (Excise) Levies Act 1998 ; or

                            (iii)  Schedule 4 to the Primary Industries (Customs) Charges Act 1998 ; or

                            (iv)  the old first Levy Act; or

                             (v)  the old second Levy Act; and

54  Paragraph 111A(2)(a)

Repeal the paragraph, substitute:

                     (a)  it is necessary to determine the protein content of dairy produce for the purposes of a provision of:

                              (i)  this Act; or

                             (ii)  Schedule 6 to the Primary Industries (Excise) Levies Act 1998 ; or

                            (iii)  Schedule 4 to the Primary Industries (Customs) Charges Act 1998 ; or

                            (iv)  the old first Levy Act; or

                             (v)  the old second Levy Act; and