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

Statutory Rules 1998    No. 147

I, William Patrick Deane, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Primary Industries Levies and Charges Collection Act 1991, the National Residue Survey (Customs) Levy Act 1998, and the National Residue Survey (Excise) Levy Act 1998.

Dated 18 June 1998.

WILLIAM DEANE
Governor-General

By His Excellency’s Command,

JUDITH TROETH

Parliamentary Secretary
to the Minister for Primary Industries and Energy
for the Minister for Primary Industries and Energy

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

Statutory Rules 1998    No. 1471

made under the

Primary Industries Levies and Charges Collection Act 1991, the National Residue Survey (Customs) Levy Act 1998 and the National Residue Survey (Excise) Levy Act 1998

Contents

Page

Part 1 Preliminary

 1 Name of Regulations 17

 2 Commencement 17

 3 Definitions for Regulations generally 17

 4 Incorporation of Primary Industries Levies and Charges Collection Regulations              18

Part 2 Levy on export of aquatic animals and aquatic animal products

 5 Meaning of expressions for Part 19

 6 Levy year (Collection Act, s 4 (1)—definition of levy year)19

 7 Exporter is producer for Collection Act 19

 8 Liability of exporting agents as intermediaries 20

 10 When levy is due for payment (Collection Act, s 6) 20

 11 Who must give Secretary quarterly returns 20

 12 Applications for exemptions from giving Secretary quarterly returns              21

 13 How to apply for exemption 21

 14 Grant or refusal of exemption 21

 15 Continuation of exemption 22

 16 What Secretary must consider when making decision 22

 17 Who must give Secretary annual return 22

 18 What must be in return 22

 19 When and how quarterly return must be given to Secretary23

 20 When and how annual return must be given to Secretary 24

 21 What records must be kept 24

 22 How long records must be retained 25

 23 Review of decisions 25

 24 Transitional—obligations about returns under former Regulations              26

Part 3 Levies on cattle export and cattle transactions

 25 Meaning of expressions for Part 27

 26 Incorporation with Cattle Levy Collection Regulations 27

 29 When levy is due for payment (Collection Act, s 6) 28

 30 Information in returns under Cattle Levy Collection Regulations              28

 31 Information in records under Cattle Levy Collection Regulations              29

 32 Transitional—obligations about returns under Cattle Levy Collection Regulations              30

Part 4 Levy on coarse grain

 33 Meaning of expressions for Part 31

 34 Meaning of value 31

 35 Incorporation with Coarse Grains Levy Collection Regulations              32

 37 When levy is due for payment (Collection Act, s 6) 32

 38 Information in returns under Coarse Grains Levy Collection Regulations              32

 39 Information in records under Coarse Grains Levy Collection Regulations              33

Part 5 Levy on dairy produce

 40 Meaning of expressions for Part 34

 41 Incorporation with Dairy Levy Collection Regulations 34

 43 When levy is due for payment (Collection Act, s 6) 34

 44 Information in returns under Dairy Levy Collection Regulations              35

 45 Information in records under Dairy Levy Collection Regulations              35

Part 6 Levy on dried fruits

 46 Meaning of expressions for Part 36

 47 Incorporation with Dried Fruit Levy Collection Regulations and Dried Vine Fruit Levy Collection Regulations              36

 53 When levy is due for payment (Collection Act, s 6) 37

 54 Information in returns under Dried Fruits Levy Collection Regulations              37

 55 Information in returns under Dried Vine Fruits Levy Collection Regulations              37

 56 Information in records under Dried Fruits Levy Collection Regulations              38

 57 Information in records under Dried Vine Fruits Levy Collection Regulations              38

Part 7 Levy on game animals

 58 Meaning of expressions for Part 39

 59 Levy year (Collection Act, s 4 (1)—definition of levy year)39

 60 Processor is producer for Collection Act 39

 62 When levy is due for payment (Collection Act, s 6) 40

 63 Who must give Secretary return 40

 64 What must be in return 40

 65 When and how return must be given to Secretary 42

 66 What records must be kept 42

 67 How long records must be retained 43

 68 Transitional—obligations about returns under former Regulations              43

Part 8 Levy on grain legumes

 69 Meaning of expressions for Part 44

 70 Meaning of value 44

 71 Incorporation with Grain Legumes Levy Collection Regulations              45

 74 When levy is due for payment (Collection Act, s 6) 45

 75 Information in returns under Grain Legumes Levy Collection Regulations              45

 76 Information in records under Grain Legumes Levy Collection Regulations              46

Part 9 Levies on honey and honey export

 77 Meaning of expressions for Part 47

 78 Incorporation with Honey Levy Collection Regulations 47

 81 When levy is due for payment (Collection Act, s 6) 47

 82 Information in returns under Honey Levy Collection Regulations              48

 83 Information in records under Honey Levy Collection Regulations              48

Part 10 Levy on horse slaughter

 84 Meaning of expressions for Part 50

 85 Levy year (Collection Act, s 4 (1)—definition of levy year)50

 86 Producer, and proprietor etc of processing establishment, are processors  for Collection Act              50

 87 Liability of processor as intermediary 50

 89 When levy is due for payment (Collection Act, s 6) 51

 90 Owner of carcase is producer for Collection Act 51

 91 Who must give Secretary return 51

 92 What must be in return 51

 93 When and how return must be given to Secretary 52

 94 What records must be kept 52

 95 How long records must be retained 53

 96 Transitional—obligations about returns under former Regulations              54

Part 11 Levies on horticultural products and horticultural products export

Division 1 Preliminary

 97 Meaning of expressions for Part 55

Division 2 Potatoes

 98 Meaning of expressions for Division 56

 99 Incorporation with Potato Levy Collection Regulations 56

 101 When levy is due for payment (Collection Act, s 6) 56

 102 Information in returns under Potato Levy Collection Regulations              56

 103 Information in records under Potato Levy Collection Regulations              57

Division 3 Onions

 104 Meaning of expressions for Division 58

 105 Levy year (Collection Act, s 4 (1)—definition of levy year)58

 106 Owner etc and exporter are producers for Collection Act 59

 107 Liability of processor as intermediary 59

 110 When levy is due for payment (Collection Act, s 6) 59

 111 Who must give Secretary quarterly return 59

 112 Applications for exemptions from giving Secretary quarterly returns              60

 113 How to apply for exemption 60

 114 Grant or refusal of exemption 61

 115 Continuation of exemption 61

 116 What Secretary must consider when deciding whether to grant or continue exemption              61

 117 Who must give Secretary annual return 61

 118 What must be in return 62

 119 When and how quarterly return must be given to Secretary63

 120 When and how annual return must be given to Secretary 63

 121 What records must be kept 64

 122 How long records must be retained 65

 123 Review of decisions 65

 124 Transitional—obligations about returns under former Regulations              66

Division 4 Apples and pears

 125 Meaning of expressions for Division 67

 126 Incorporation with Apple and Pear Levy Collection Regulations              67

 129 When levy is due for payment (Collection Act, s 6) 68

 130 Information in returns under Apple and Pear Levy Collection Regulations              68

 131 Information in records under Apple and Pear Levy Collection Regulations              68

Division 5 Citrus fruits

 132 Meaning of expressions for Division 69

 133 Incorporation with Citrus Levy Collection Regulations 69

 135 When levy is due for payment (Collection Act, s 6) 69

 136 Information in returns under Citrus Levy Collection Regulations              69

 137 Information in records under Citrus Levy Collection Regulations              70

Division 6 Table grapes

 138 Meaning of expressions for Division 71

 139 Incorporation with Grape Research Levy Collection Regulations              71

 141 When levy is due for payment (Collection Act, s 6) 71

 142 Information in returns under Grape Research Levy Collection Regulations              71

 143 Information in records under Grape Research Levy Collection Regulations              72

Division 7 Stone fruit

 144 Meaning of expressions for Division 73

 145 Incorporation with Stone Fruit Levy Collection Regulations73

 147 When levy is due for payment (Collection Act, s 6) 73

 148 Information in returns under Stone Fruit Levy Collection Regulations              73

 149 Information in records under Stone Fruit Levy Collection Regulations              74

Division 8 Macadamia nuts

 150 Meaning of expressions for Division 75

 151 Incorporation with Macadamia Nut Levy Collection Regulations              75

 152 Macadamia nuts to be eligible horticultural product 75

 153 Exemption from levy 75

 154 What rate of NRS customs levy is (NRS Customs Levy Act, subclause 5 (1) of Schedule 4)              76

 155 What rate of NRS excise levy is (NRS Excise Levy Act, subclause 9 (1) of Schedule 9)              76

 156 When levy is due for payment (Collection Act, s 6) 76

 157 Information in returns under Macadamia Nut Levy Collection Regulations              77

 158 Information in records under Macadamia Nut Levy Collection Regulations              77

Part 12 Levy on laying chickens

 183 Meaning of expressions for Part 79

 184 Incorporation with Laying Chicken Levy Collection Regulations              79

 186 When levy is due for payment (Collection Act, s 6) 79

 187 Information in returns under Laying Chicken Levy Collection Regulations              80

 188 Information in records under Laying Chicken Levy Collection Regulations              80

Part 13 Levy on livestock slaughter

Division 1 Preliminary

 189 Meaning of expressions for Part 81

Division 2 Buffalo

 190 Meaning of expressions for Division 82

 191 Incorporation with Buffalo Levy Collection Regulations 82

 193 When levy is due for payment (Collection Act, s 6) 82

 194 Information in returns under Buffalo Levy Collection Regulations              82

 195 Information in records under Buffalo Levy Collection Regulations              83

 196 Transitional—obligations about returns under Buffalo Levy Collection Regulations              83

Division 3 Deer

 197 Meaning of expressions for Division 84

 198 Definitions etc for Schedule 11 of NRS Excise Levy Act 84

 199 Incorporation with Deer Levy Collection Regulations 85

 201 When levy is due for payment (Collection Act, s 6) 86

 202 Information in returns under Deer Levy Collection Regulations              86

 203 Information in records under Deer Levy Collection Regulations              86

Division 4 Pigs

 204 Meaning of expressions for Division 87

 205 Incorporation with Pig Levy Collection Regulations 87

 207 When levy is due for payment (Collection Act, s 6) 87

 208 Information in returns under Pig Levy Collection Regulations              87

 209 Information in records under Pig Levy Collection Regulations              88

Part 14 Levy on meat chickens

 210 Meaning of expressions for Part 89

 211 Incorporation with Meat Chicken Levy Collection Regulations              89

 213 When levy is due for payment (Collection Act, s 6) 89

 214 Information in returns under Meat Chicken Levy Collection Regulations              90

 215 Information in records under Meat Chicken Levy Collection Regulations              90

Part 15 Levy on oilseeds

 216 Meaning of expressions for Part 91

 217 Meaning of value 91

 218 Incorporation with Oilseeds Levy Collection Regulations 92

 220 When levy is due for payment (Collection Act, s 6) 92

 221 Information in returns under Oilseeds Levy Collection Regulations              92

 222 Information in records under Oilseeds Levy Collection Regulations              93

Part 16 Levy on ratite slaughter

 223 Meaning of expressions for Part 94

 224 Levy year (Collection Act, s 4 (1)—definition of levy year)94

 225 Producer, and proprietor of processing establishment etc, are processor for Collection Act              94

 226 Owner at time of slaughter is producer for Collection Act 94

 227 Liability of processor as intermediary 94

 228 Rate of NRS excise levy on slaughter of ostriches (NRS Excise Levy Act, Schedule 14, subclause 3 (2))              95

 230 When levy is due for payment (Collection Act, s 6) 95

 231 Who must give return to Secretary 95

 232 What must be in return 95

 233 When and how return must be given to Secretary 96

 234 What records must be kept 96

 235 How long records must be retained 97

 236 Transitional—obligations about returns under former Regulations              98

Part 17 Levies on sheep, lambs and goats transactions etc and sheep, lambs and goats export

 237 Meaning of expressions for Part 99

 238 Incorporation with Live-stock Levy Collection Regulations99

 239 Rate of NRS customs levy on export of sheep and lambs (NRS Customs Levy Act, Schedule 5, clause 3)              99

 240 Rate of NRS excise levy on sheep and lamb transactions etc (NRS Excise Levy Act, Schedule 15, clause 3)              100

 247 When levy is due for payment (Collection Act, s 6) 101

 248 Information in returns under Live-stock Levy Collection Regulations              102

 249 Information in records under Live-stock Levy Collection Regulations              103

 250 Transitional—obligations about returns under Livestock Levy Collection Regulations              104

Part 18 Levy on wheat

 251 Meaning of expressions for Part 105

 252 Meaning of value 105

 253 Incorporation with Wheat Levy Collection Regulations 106

 255 When levy is due for payment (Collection Act, s 6) 106

 256 Information in returns under Wheat Levy Collection Regulations              106

 257 Information in records under Wheat Levy Collection Regulations              107

Schedule 1 Rate of NRS customs levy on sheep export and NRS excise levy on sheep transactions              108

Schedule 2 Rate of NRS customs levy on lamb export and NRS excise levy on lamb transactions              110

 

 

How to use these regulations

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.

What the National Residue Survey is

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 National Residue Survey (Customs) Levy Act 1998 (“the NRS Customs Levy Act”), the National Residue Survey (Excise) Levy Act 1998 (“the NRS Excise Levy Act”) and the National Residue Survey Administration Act 1992. The first 2 of those Acts impose the levies, and the third sets up the trust account into which the levies are paid and provides for the distribution of money from the account. The Primary Industries Levies and Charges Collection Act 1991 is also relevant—see below.

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.

What these Regulations do

5. These Regulations set out certain matters necessary for the administration of the levies that fund the National Residue Survey scheme.

How these Regulations are arranged

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.

What are the levy rates

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.

What other Regulations need to be read as well

15. The Act that sets out the basic reporting and levy-collection arrangements for all levies on primary products is called the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act). These Regulations are partly based on that Act.

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 under another Act, there will be regulations (usually called the Primary Industries Levies and Charges Collection (name of commodity) Regulations) that set out what the levy year is, what the reporting requirements are, and other matters required for the Collection Act. These Regulations do not repeat those matters. If you need to refer to other Regulations for the complete arrangements for a commodity, those other Regulations will be mentioned in the relevant Part of these Regulations. (There are some matters—for example, certain penalties—that are dealt with in the Collection Act itself, and these Regulations then contain a Note referring to the relevant provision of that Act.)

18. Those other Regulations are:

  Primary Industries Levies and Charges Collection (Cattle and Livestock) Regulations

  Primary Industries Levies and Charges Collection (Coarse Grains) Regulations

  Primary Industries Levies and Charges Collection (Dairy) Regulations

  Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations

  Primary Industries Levies and Charges Collection (Dried Fruits) Regulations

  Primary Industries Levies and Charges Collection (Dried Vine Fruits) Regulations

  Primary Industries Levies and Charges Collection (Grain Legumes) Regulations

  Primary Industries Levies and Charges Collection (Honey) Regulations

  Primary Industries Levies and Charges Collection (Laying Chicken) Regulations

  Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations

  Primary Industries Levies and Charges Collection (Meat Chicken) Regulations

  Primary Industries Levies and Charges Collection (Oilseeds) Regulations

  Primary Industries Levies and Charges Collection (Pig) Regulations

  Primary Industries Levies and Charges Collection (Wheat) Regulations.

(The list is not a complete list of all regulations dealing with the collection of levies on primary products—it does not include regulations dealing with collection of levies for commodities not subject to an NRS levy.)

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 processor and producer in section 4 of the Collection Act, or to section 7.

20. The effect of a reference to the definition of processor or producer is to regard certain people, who would not be regarded as being a processor or producer of a commodity in the ordinary meaning of the term, as a processor or producer of the commodity for the purposes of the NRS Levy Acts and these Regulations. The effect of doing so is that the person who is regarded as a processor or producer becomes liable to pay NRS levy on the commodity.

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.

22. Note that if a set of regulations mentioned in paragraph 18 applies to a commodity, the provisions of the Collection Act discussed in the previous 3 paragraphs may be applied to the commodity by those regulations.

Part 1 Preliminary

:

1 Name of Regulations

  These Regulations are the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998.

2 Commencement

  These Regulations commence when Schedule 2 of the National Residue Survey Administration Amendment Act 1998 commences.

Note   That Schedule commences on 3 July 1998.

3 Definitions for Regulations generally

  In these Regulations:

Collection Act means the Primary Industries Levies and Charges Collection Act 1991.

NRS Customs Levy Act means the National Residue Survey (Customs) Levy Act 1998.

NRS Excise Levy Act means the National 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 Acts Interpretation Act 1901, ss 19A (3) (b) and 46. At present these Regulations are administered by the Department of Primary Industries and Energy.

Note 2   For these Regulations, the Secretary’s office address is:

The Secretary
Department of Primary Industries and Energy
Locked Bag 4488
KINGSTON  ACT  2604.

See the Primary Industries Levies and Charges Collection Regulations, r 8.

Note 3   Other terms may be defined in a Part or Division of these Regulations for that Part or Division only.

4 Incorporation of Primary Industries Levies and Charges Collection Regulations

  These Regulations are incorporated, and must be read as one, with the Primary Industries Levies and Charges Collection Regulations.

Note   The Primary Industries Levies and Charges Collection Regulations are Statutory Rules 1991 No. 196, as amended by Statutory Rules 1991 No. 439, 1992 No. 228 and 1997 No. 208.

Part 2 Levy on export of aquatic animals and aquatic animal products

:

5 Meaning of expressions for Part

 (1) In this Part:

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 3 July 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.

6 Levy year (Collection Act, s 4 (1)—definition of levy year)

 (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—see Acts Interpretation Act 1901, s 22 (1) (e).

 (2) For this Part and the Collection Act, the period beginning on 3 July 1998 and ending on 30 June 1999 is taken to be a levy year for aquatic animals and aquatic animal products.

7 Exporter is producer for Collection Act

  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.

8 Liability of exporting agents as intermediaries

  Aquatic animals and aquatic animal products are prescribed products for subsection 7 (3) of the Collection Act.

Note 1   For the rates of NRS customs levy on the export of aquatic animals and aquatic animal products, see subclause 3 (1) of Schedule 1 to the NRS Customs Levy Act. The rates are:

 Fin fish—operative rate 1 cent (maximum rate 5 cents) per kilogram;

 Abalone—operative rate 1 cent (maximum rate 5 cents) per kilogram;

 Other crustaceans and molluscs—operative rate 1 cent (maximum rate 5 cents) per kilogram;

 Any other aquatic animal—operative rate 1 cent (maximum rate 5 cents) per kilogram.

Note 2   Regulation number 9 intentionally not used.

10 When levy is due for payment (Collection Act, s 6)

  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.

11 Who must give Secretary quarterly returns

 (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 penalty, see s 24 of the Collection Act.

12 Applications for exemptions from giving Secretary quarterly returns

 (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.

13 How to apply for exemption

  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.

14 Grant or refusal of exemption

  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.

15 Continuation of exemption

  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.

16 What Secretary must consider when making 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.

17 Who must give Secretary annual return

  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 penalty, see s 24 of the Collection Act.

18 What must be in return

 (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 penalty, see s 24 of the Collection Act.

19 When and how quarterly return must be given to Secretary

 (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 penalty, see s 24 of the Collection Act.

 (3) The person must give the return to the Secretary by sending it to the Secretary’s office address.

Note   For these Regulations, the Secretary’s office address is:

The Secretary
Department of Primary Industries and Energy
Locked Bag 4488
KINGSTON  ACT  2604.

20 When and how annual return must be given to Secretary

 (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 penalty, see s 24 of the Collection Act.

 (2) The person must give the return to the Secretary by sending it to the Secretary’s office address.

Note   For these Regulations, the Secretary’s office address is:

The Secretary
Department of Primary Industries and Energy
Locked Bag 4488
KINGSTON  ACT  2604.

21 What records must be kept

  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.

22 How long records must be retained

  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.

23 Review of decisions

 (1) A person may apply to the Administrative Appeals 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 ask for a statement under section 28 of the Administrative Appeals Tribunal Act 1975.

 (3) However, subregulation (2) does not apply if subsection 28 (4) of that Act applies.

 (4) A failure to comply with subregulation (2) about a decision does not make the decision invalid.

24 Transitional—obligations about returns under former Regulations

  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.

Part 3 Levies on cattle export and cattle transactions

:

25 Meaning of expressions for Part

 (1) In this Part:

Cattle Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Buffalo, Cattle and Live-stock) Regulations 1998.

 (2) 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 the Schedule.

 (3) 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 the Schedule.

 (4) An expression used in both this Part and in the Cattle Levy Collection Regulations has the same meaning in this Part as in those Regulations.

26 Incorporation with Cattle Levy Collection Regulations

  This Part is incorporated, and must be read as one, with the Cattle Levy Collection Regulations.

Note 1   The rate of NRS customs levy on the export of cattle are:

 for cattle other than bobby calves—operative rate 32 cents (maximum rate 35 cents) per head (see subclause 3 (1) of Schedule 2 to the NRS Customs Levy Act);

 for bobby calves—operative rate 26 cents (maximum rate 35 cents) per head (see subclause 3 (2) of that Schedule).

Note 2   The rates of NRS excise levy on cattle are:

 for cattle other than bobby calves—operative rate 32 cents (maximum rate 35 cents) per head (see paragraph 3 (1) (c) of Schedule 1 to the NRS Excise Levy Act);

 for bobby calves—operative rate 26 cents (maximum rate 35 cents) per head (see paragraph 3 (1) (d) of that Schedule).

Note 3   Regulation numbers 27 and 28 intentionally not used.

29 When levy is due for payment (Collection Act, s 6)

 (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 the Cattle Levy 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 the Cattle Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

30 Information in returns under Cattle Levy Collection Regulations

 (1) A person who lodges a return under the Cattle Levy 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 the Cattle Levy 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 penalty, see s 24 of the Collection Act.

31 Information in records under Cattle Levy Collection Regulations

 (1) A person who is liable to pay NRS customs levy on the export of cattle, and must keep records under the Cattle Levy 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 the Cattle Levy 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.

32 Transitional—obligations about returns under Cattle Levy Collection Regulations

  A person who is required, under subregulation 34 (3), 36 (2), 38 (2), 43 (3) or 45 (2) of the Cattle Levy Collection Regulations (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.

Part 4 Levy on coarse grain

:

33 Meaning of expressions for Part

 (1) In this Part:

Coarse Grains Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Coarse Grains) Regulations.

 (2) 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 the Schedule.

 (3) An expression used in both this Part and the Coarse Grains Levy Collection Regulations has the same meaning in this Part as in those Regulations.

34 Meaning of value

  In Schedule 2 to the NRS Excise Levy Act and this Part:

value of leviable coarse grain means its sales value worked out as set out in regulation 5 of the Coarse Grains Levy Collection Regulations.

Note   Regulation 5 of the Coarse Grains Levy Collection Regulations is as follows (the Levy Act is the Coarse Grains Levy Act 1992):

What is the sales value of grain

 “5. (1) For the purposes of the definition of value in section 3 of the Levy Act, the sales value of grain is:

 (aa) in the case of seed grain for sowing—the amount that would constitute the sale price of the grain if it were not seed grain for sowing and had been sold at the market price prevailing on the day the grain was delivered as mentioned in subsection 9 (2) of the Levy Act; and

 (a) in the case of grain in a pool—the amount of each payment made for the grain; and

 (b) in any other case—the sale price of the grain:

 (i) ascertained by reference to sales invoices or other sales documents relating to the grain; or

 (ii) if there are no sales invoices or documents of that kind—the amount that would constitute the sale price of the grain if it had been sold at the market price prevailing on the day the grain was processed, or delivered, as mentioned in subsection 9 (2) of the Levy Act.

 “(2) The value of grain is to be net of handling, storage, transport and f.o.b. costs.

 “(3) In this regulation, grain means leviable coarse grain.”.

35 Incorporation with Coarse Grains Levy Collection Regulations

  This Part is incorporated, and must be read as one, with the Coarse Grains Levy Collection Regulations.

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.

37 When levy is due for payment (Collection Act, s 6)

  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 the Coarse Grains Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

38 Information in returns under Coarse Grains Levy Collection Regulations

  A person who lodges a quarterly return under the Coarse Grains Levy 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 penalty, see s 24 of the Collection Act.

39 Information in records under Coarse Grains Levy Collection Regulations

  A person who is liable to pay NRS excise levy on coarse grain in a quarter, and must keep records under the Coarse Grains Levy 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.

Part 5 Levy on dairy produce

:

40 Meaning of expressions for Part

 (1) In this Part:

Dairy Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Dairy) Regulations.

 (2) 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.

 (3) An expression used in both this Part and the Dairy Levy Collection Regulations has the same meaning in this Part as in those Regulations.

41 Incorporation with Dairy Levy Collection Regulations

  This Part is incorporated, and must be read as one, with the Dairy Levy 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 $0.00 (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.

43 When levy is due for payment (Collection Act, s 6)

  NRS excise levy on dairy produce for a month is due for payment on the last day for lodging a monthly return for the month under the Dairy Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

44 Information in returns under Dairy Levy Collection Regulations

  A person who lodges a return under the Dairy Levy 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 s 24 of the Collection Act.

45 Information in records under Dairy Levy Collection Regulations

  A person who is liable to pay NRS excise levy on dairy produce for a month, and must keep records under the Dairy Levy Collection Regulations, 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.

Part 6 Levy on dried fruits

:

46 Meaning of expressions for Part

 (1) In this Part:

Dried Fruits Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Dried Fruits) Regulations.

Dried Vine Fruits Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Dried Vine Fruits) Regulations.

 (2) 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 the Schedule.

 (3) An expression used in both this Part and the Dried Fruits Levy Collection Regulations has the same meaning in this Part as in those Regulations.

 (4) An expression used in both this Part and the Dried Vine Fruits Levy Collection Regulations has the same meaning in this Part as in those Regulations.

47 Incorporation with Dried Fruit Levy Collection Regulations and Dried Vine Fruit Levy Collection Regulations

 (1) To the extent that this Part deals with dried tree fruits, it is incorporated, and must be read as one, with the Dried Fruit Levy Collection Regulations.

 (2) To the extent that this Part deals with dried vine fruits, it is incorporated, and must be read as one, with the Dried Vine Fruits Levy 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.

53 When levy is due for payment (Collection Act, s 6)

 (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 the Dried Fruits Levy 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 the Dried Vine Fruits Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

54 Information in returns under Dried Fruits Levy Collection Regulations

  A person who lodges a return under the Dried Fruits Levy 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 penalty, see s 24 of the Collection Act.

55 Information in returns under Dried Vine Fruits Levy Collection Regulations

  A person who lodges a monthly return under the Dried Vine Fruits Levy 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 penalty, see s 24 of the Collection Act.

56 Information in records under Dried Fruits Levy Collection Regulations

  A person who is liable to pay NRS excise levy on dried fruit for a month, and must keep records under the Dried Fruits Levy 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.

57 Information in records under Dried Vine Fruits Levy Collection Regulations

  A person who is liable to pay NRS excise levy on dried vine fruits for a month, and must keep records under the Dried Vine Fruits Levy 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.

Part 7 Levy on game animals

:

58 Meaning of expressions for Part

 (1) In this Part:

return means a return given to the Secretary under regulation 64.

 (2) For this Part, the period beginning on 3 July 1998 and ending on 31 July 1998 is taken to be a month.

 (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.

59 Levy year (Collection Act, s 4 (1)—definition of levy year)

 (1) The levy year for game animals is a financial year.

Note   Financial year means a period of 12 months commencing on 1 July—see Acts Interpretation Act 1901, s 22 (1) (e).

 (2) For this Part and the Collection Act, the period beginning on 3 July 1998 and ending on 30 June 1999 is taken to be a levy year for game animals.

60 Processor is producer for Collection Act

  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.

Note 1   The rates of NRS Excise Levy on game animals are as follows (see subclause 3 (1) of Schedule 5 to the NRS Excise Levy Act):

 

Class of game animal

Operative rate of levy

Maximum rate of levy

 

Pigs

12 cents per carcase

40 cents per carcase

 

Goats

3 cents per carcase

40 cents per carcase

 

Kangaroos

4 cents per carcase

40 cents per carcase

 

Other game animals

0 cents per carcase

40 cents per carcase

Note 2   Regulation number 61 intentionally not used.

62 When levy is due for payment (Collection Act, s 6)

  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.

63 Who must give Secretary return

  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 penalty, see s 24 of the Collection Act

64 What must be in return

 (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 penalty, see s 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.

65 When and how return must be given to Secretary

 (1) A return for a month must be given to the Secretary on or before the 28th day of the next month.

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 office address.

Note   For these Regulations, the Secretary’s office address is:

The Secretary
Department of Primary Industries and Energy
Locked Bag 4488
KINGSTON  ACT  2604.

66 What records must be kept

  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.

67 How long records must be retained

  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.

68 Transitional—obligations about returns under former Regulations

  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.

Part 8 Levy on grain legumes

:

69 Meaning of expressions for Part

 (1) In this Part:

Grain Legumes Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Grain Legumes) Regulations.

 (2) 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 the Schedule.

 (3) An expression used in both this Part and the Grain Legumes Levy Collection Regulations has the same meaning in this Part as in those Regulations.

70 Meaning of value

  In Schedule 6 to the NRS Excise Levy Act and this Part:

value of leviable grain legumes grain means their value worked out as set out in regulation 3B of the Grain Legumes Levy Collection Regulations.

Note   Regulation 3B of the Grain Legumes Levy Collection Regulations is as follows (the Levy Act is the Grain Legumes Levy Act 1985):

What is the value of leviable grain legumes

 “3B. (1) For the purposes of the definition of value in subsection 4 (1) of the Levy Act, the value of leviable grain legumes is:

 (aa) in the case of seed grain legumes for sowing—the amount that would constitute the sale price of the grain legumes if they were not seed grain legumes for sowing and had been sold at the market price prevailing on the day the grain legumes were delivered as mentioned in subsection 6 (2) of the Levy Act; and

 (a) in the case of grain legumes in a pool—the total amount paid for the grain legumes; or

 (b) in the case of grain legumes not in a pool:

 (i) the sale price of the grain legumes determined by reference to sales invoices or other sales documents relating to the grain legumes; or

 (ii) if there are no relevant sales invoices or other documents—the amount that would constitute the sale price of the grain legumes if they had been sold at the market price prevailing on the day the grain legumes were processed, or delivered, as mentioned in subsection 6 (2) of the Levy Act.

 “(2) The value of leviable grain legumes is to be net of handling, storage, transport and f.o.b. costs.”.

71 Incorporation with Grain Legumes Levy Collection Regulations

  This Part is incorporated, and must be read as one, with the Grain Legumes Levy Collection Regulations.

Note 1   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.

Note 2   Regulation numbers 72 and 73 intentionally not used.

74 When levy is due for payment (Collection Act, s 6)

  NRS excise levy on leviable grain legumes is due for payment on the last day for lodging a quarterly return for the legumes under the Grain Legumes Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

75 Information in returns under Grain Legumes Levy Collection Regulations

  A person who lodges a quarterly return under the Grain Legumes Levy 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 penalty, see s 24 of the Collection Act.

76 Information in records under Grain Legumes Levy Collection Regulations

  A person who is liable to pay NRS excise levy on grain legumes for a quarter, and must keep records under the Grain Legumes Levy 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.

Part 9 Levies on honey and honey export

:

77 Meaning of expressions for Part

 (1) In this Part:

Honey Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Honey) Regulations.

 (2) 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 the Schedule.

 (3) 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 the Schedule.

 (4) An expression used in both this Part and the Honey Levy Collection Regulations has the same meaning in this Part as in those Regulations.

78 Incorporation with Honey Levy Collection Regulations

  This Part is incorporated, and must be read as one, with the Honey Levy Collection Regulations.

Note 1   The operative rate of NRS customs levy on honey export is 0.25 cents (maximum rate 0.3 cents) per kilogram—see clause 3 of Schedule 3 to the NRS Customs Levy Act.

Note 2   The operative rate of NRS excise levy on honey is 0.25 cents (maximum rate 0.3 cents) per kilogram—see subclauses 4 (1) and 4 (2) of Schedule 7 to the NRS Excise Levy Act.

Note 3   Regulation numbers 79 and 80 intentionally not used.

81 When levy is due for payment (Collection Act, s 6)

 (1) NRS customs levy on the export of honey is due for payment on the last day for lodging a monthly return for the export under the Honey Levy Collection Regulations.

 (2) NRS excise levy on honey is due for payment on the last day for lodging a monthly return for the honey under the Honey Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

82 Information in returns under Honey Levy Collection Regulations

 (1) A person who lodges a return under the Honey Levy 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 penalty, see s 24 of the Collection Act.

83 Information in records under Honey Levy Collection Regulations

 (1) A person who is liable to pay NRS customs levy on the export of honey for a month, and must keep records under the Honey Levy 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 the Honey Levy 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.

Part 10 Levy on horse slaughter

:

84 Meaning of expressions for Part

 (1) In this Part:

return means a return given to the Secretary under regulation 91.

 (2) For this Part, the period beginning on 3 July 1998 and ending on 31 July 1998 is taken to be a month.

 (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.

85 Levy year (Collection Act, s 4 (1)—definition of levy year)

 (1) The levy year for horse slaughter is a financial year.

Note   Financial year means a period of 12 months commencing on 1 July—see Acts Interpretation Act 1901, s 22 (1) (e).

 (2) For this Part and the Collection Act, the period beginning on 3 July 1998 and ending on 30 June 1999 is taken to be a levy year for horse slaughter.

86 Producer, and proprietor etc of processing establishment, are processors  for Collection Act

  Paragraphs (a) and (b) of the definition of processor in subsection 4 (1) of the Collection Act apply to horses.

87 Liability of processor as intermediary

  Paragraph 7 (2) (b) of the Collection Act applies to horses.

Note 1   The operative rate of NRS excise levy on horse slaughter is $3.00 (maximum rate $5.00) per head—see clause 2 of Schedule 8 to the NRS Excise Levy Act.

Note 2   Regulation number 88 intentionally not used.

89 When levy is due for payment (Collection Act, s 6)

  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.

90 Owner of carcase is producer for 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.

91 Who must give Secretary return

  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 penalty, see s 24 of the Collection Act.

92 What must be in return

 (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 penalty, see s 24 of the Collection Act.

93 When and how return must be given to Secretary

 (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 penalty, see s 24 of the Collection Act.

 (2) The return must be given to the Secretary by sending it to the Secretary’s office address.

Note   For these Regulations, the Secretary’s office address is:

The Secretary
Department of Primary Industries and Energy
Locked Bag 4488
KINGSTON  ACT  2604.

94 What records must be kept

 (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.

95 How long records must be retained

  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.

96 Transitional—obligations about returns under former Regulations

  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.

Part 11 Levies on horticultural products and horticultural products export

Division 1 Preliminary

97 Meaning of expressions for 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.

Division 2 Potatoes

98 Meaning of expressions for Division

 (1) In this Division:

Potato Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Potato) Regulations.

 (2) An expression used in both this Division and the Potato Levy Collection Regulations has the same meaning in this Division as in those Regulations.

99 Incorporation with Potato Levy Collection Regulations

  This Division is incorporated, and must be read as one, with the Potato Levy 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.

101 When levy is due for payment (Collection Act, s 6)

  NRS levy imposed on potatoes is due for payment on the last day for lodging a return about the potatoes under the Potato Levy Collection Regulations.

Note   For penalty, see s 15 of the Collection Act.

102 Information in returns under Potato Levy Collection Regulations

  A person who lodges a return under the Potato Levy 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 penalty, see s 24 of the Collection Act.

103 Information in records under Potato Levy Collection Regulations

  A person who is liable to pay NRS excise levy on potatoes for a quarter, and must keep records under the Potato Levy 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.

Division 3 Onions

104 Meaning of expressions for Division

 (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 3 July 1998 and ending on 30 September 1998 is taken to be a quarter.

105 Levy year (Collection Act, s 4 (1)—definition of levy year)

 (1) The levy year for onions is a calendar year.

Note   Calendar year means a period of 12 months commencing on 1 January—see Acts Interpretation Act 1901, s 22 (1) (h).

 (2) For this Division and the Collection Act, the period beginning on 3 July 1998 and ending on 31 December 1998 is taken to be a levy year for onions.

106 Owner etc and exporter are producers for Collection Act

  Onions are prescribed for paragraphs (b) and (g) of the definition of producer in subsection 4 (1) of the Collection Act.

107 Liability of processor as intermediary

 (1) Paragraph 7 (2) (b) of the Collection Act applies to onions.

 (2) Onions are prescribed for subsection 7 (3) of the Collection Act.

Note 1   The operative rate of NRS customs levy on onions is 40 cents (maximum rate $5.00) per tonne—see clause 3 of Schedule 4 to the NRS Customs Levy Act.

Note 2   The operative rate of NRS excise levy on onions is 40 cents (maximum rate $5.00) per tonne—see clause 4 of Schedule 9 to the NRS Excise Levy Act.

Note 3   Regulation numbers 108 and 109 intentionally not used.

110 When levy is due for payment (Collection Act, s 6)

 (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.

111 Who must give Secretary quarterly return

 (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 penalty, see s 24 of the Collection Act.

112 Applications for exemptions from giving Secretary quarterly returns

  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.

113 How to apply for exemption

  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.

114 Grant or refusal of exemption

  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.

115 Continuation of exemption

  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.

116 What Secretary must consider when deciding whether to grant or continue exemption

  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.

117 Who must give Secretary annual return

 (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 penalty, see s 24 of the Collection Act.

118 What must be in return

 (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.

119 When and how quarterly return must be given to Secretary

 (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 penalty, see s 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 penalty, see s 24 of the Collection Act.

 (3) The return must be given to the Secretary by sending it to the Secretary’s office address.

Note   For these Regulations, the Secretary’s office address is:

The Secretary
Department of Primary Industries and Energy
Locked Bag 4488
KINGSTON  ACT  2604.

120 When and how annual return must be given to Secretary

 (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 office address.

Note   For these Regulations, the Secretary’s office address is:

The Secretary
Department of Primary Industries and Energy
Locked Bag 4488
KINGSTON  ACT  2604.

121 What records must be kept

 (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.

122 How long records must be retained

  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.

123 Review of decisions

 (1) Application may be made to the Administrative Appeals 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) Unless subsection 28 (4) of the Administrative Appeals Tribunal Act 1975 applies, 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 request a statement under section 28 of that Act.

 (3) A failure to comply with subregulation (2) about a decision does not make the decision invalid.

124 Transitional—obligations about returns under former Regulations

  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.

Division 4 Apples and pears

125 Meaning of expressions for Division

 (1) In this Division:

Apple and Pear Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Apple and Pear) Regulations.

 (2) An expression used in both this Division and the Apple and Pear Levy Collection Regulations has the same meaning in this Division as in those Regulations.

126 Incorporation with Apple and Pear Levy Collection Regulations

  This Division is incorporated, and must be read as one, with the Apple and Pear Levy 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):

 

Kind of apples or pears

Operative rate

Maximum rate

Subclause

 

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.

129 When levy is due for payment (Collection Act, s 6)

  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 the Apple and Pear Levy Collection Regulations.

Note   For penalty, see s 15 of the Collection Act.

130 Information in returns under Apple and Pear Levy Collection Regulations

  A person who lodges a return under the Apple and Pear Levy 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 penalty, see s 24 of the Collection Act.

131 Information in records under Apple and Pear Levy Collection Regulations

  A person who is liable to pay NRS excise levy on apples or pears, and must keep records under the Apple and Pear Levy 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.

Division 5 Citrus fruits

132 Meaning of expressions for Division

 (1) In this Division:

Citrus Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Citrus) Regulations.

 (2) An expression used in both this Division and the Citrus Levy Collection Regulations has the same meaning in this Division as in those Regulations.

133 Incorporation with Citrus Levy Collection Regulations

  This Division is incorporated, and must be read as one, with the Citrus Levy 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.

135 When levy is due for payment (Collection Act, s 6)

  NRS levy imposed on citrus fruits is due for payment on the last day for lodging a return for the fruits under the Citrus Levy Collection Regulations.

Note   For penalty, see s 15 of the Collection Act.

136 Information in returns under Citrus Levy Collection Regulations

  A person who lodges a return under the Citrus Levy Collection Regulations must include in the return details of:

 (a) how much NRS excise levy was payable on the citrus fruits that the return is about; and

 (b) how much NRS excise levy was paid on the fruits.

Note   For penalty, see s 24 of the Collection Act.

137 Information in records under Citrus Levy Collection Regulations

  A person who is liable to pay NRS excise levy on citrus fruits, and must keep records under the Citrus Levy Collection Regulations, must include in the records details of:

 (a) how much NRS excise levy was payable on the fruits; and

 (b) how much NRS excise levy was paid on the fruits.

Division 6 Table grapes

138 Meaning of expressions for Division

 (1) In this Division:

Grape Research Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Grape Research) Regulations.

 (2) An expression used in both this Division and the Grape Research Levy Collection Regulations has the same meaning in this Division as in those Regulations.

139 Incorporation with Grape Research Levy Collection Regulations

  This Division is incorporated, and must be read as one, with the Grape Research Levy Collection Regulations.

Note 1   The operative rate of NRS excise levy on table grapes is $0.00 (maximum rate 80 cents) per tonne—see clause 7 of Schedule 9 to the NRS Excise Levy Act.

Note 2   Regulation number 140 intentionally not used.

141 When levy is due for payment (Collection Act, s 6)

  NRS levy imposed on table grapes is due for payment on the last day for lodging an annual return for the grapes under the Grape Research Levy Collection Regulations.

Note   For penalty, see s 15 of the Collection Act.

142 Information in returns under Grape Research Levy Collection Regulations

  A person who lodges an annual return under the Grape Research Levy Collection Regulations about prescribed goods (within the meaning of those Regulations) that include table grapes must include in the return details of:

 (a) how much NRS excise levy was payable on the table grapes; and

 (b) how much NRS excise levy was paid on the table grapes.

Note 1   For penalty, see s 24 of the Collection Act.

Note 2   Under the Grape Research Levy Collection Regulations, prescribed goods includes table grapes, other fresh grapes, dried grapes and grape juice.

143 Information in records under Grape Research Levy Collection Regulations

  A person who is liable to pay NRS excise levy on table grapes for a levy year, and must keep records under the Grape Research Levy Collection Regulations, must include in the records details of:

 (a) how much NRS excise levy was payable on the table grapes; and

 (b) how much NRS excise levy was paid on the table grapes.

Division 7 Stone fruit

144 Meaning of expressions for Division

 (1) In this Division:

Stone Fruit Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Stone Fruit) Regulations.

 (2) An expression used in both this Division and the Stone Fruit Levy Collection Regulations has the same meaning in this Division as in those Regulations.

145 Incorporation with Stone Fruit Levy Collection Regulations

  This Division is incorporated, and must be read as one, with the Stone Fruit Levy Collection Regulations.

Note 1   The operative rate of NRS excise levy on stone fruit is $0.00 (maximum rate 80 cents) per tonne—see clause 8 of Schedule 9 to the NRS Excise Levy Act.

Note 2   Regulation number 146 intentionally not used.

147 When levy is due for payment (Collection Act, s 6)

  NRS levy on stone fruit is due for payment on the last day for lodging a return about the fruit under the Stone Fruit Levy Collection Regulations.

Note   For penalty, see s 15 of the Collection Act.

148 Information in returns under Stone Fruit Levy Collection Regulations

  A person who lodges a return under the Stone Fruit Levy Collection Regulations must include in the return details of:

 (a) how much NRS excise levy was payable on the stone fruit that the return is about; and

 (b) how much NRS excise levy was paid on the stone fruit.

Note   For penalty, see s 24 of the Collection Act.

149 Information in records under Stone Fruit Levy Collection Regulations

  A person who is liable to pay NRS excise levy on stone fruit for a levy year, and must keep records under the Stone Fruit Levy Collection Regulations, must include in the records details of:

 (a) how much NRS excise levy was payable on the stone fruit; and

 (b) how much NRS excise levy was paid on the stone fruit.

Division 8 Macadamia nuts

150 Meaning of expressions for Division

  In this Division:

Macadamia Nut Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations.

151 Incorporation with Macadamia Nut Levy Collection Regulations

  This Division is incorporated, and must be read as one, with the Macadamia Nut Levy Collection Regulations.

152 Macadamia nuts to be eligible horticultural product

 (1) Macadamia nuts are specified for the definition of eligible horticultural products in clause 1 of Schedule 4 to the NRS Customs Levy Act.

 (2) Macadamia nuts are specified for the definition of eligible horticultural products in clause 1 of Schedule 9 to the NRS Excise Levy Act.

153 Exemption from levy

 (1) Macadamia nuts are exempted from NRS customs levy if export charge under the Horticultural Export Charge Act 1987 is not payable for the nuts.

Note   For when macadamia nuts are not subject to export charge under that Act, see r 12 (2) of the Macadamia Nut Levy Collection Regulations.

 (2) Macadamia nuts are exempted from NRS excise levy if levy under the Horticultural Levy Act 1987 is not payable for the nuts.

Note   For when macadamia nuts are not subject to levy under that Act, see r 12 (1) of the Macadamia Nut Levy Collection Regulations.

154 What rate of NRS customs levy is (NRS Customs Levy Act, subclause 5 (1) of Schedule 4)

 (1) In this regulation:

consigned mass has the same meaning as in the Macadamia Nut Levy Collection Regulations.

 (2) The rate of NRS customs levy on macadamia nuts is 0.2 cents per tonne of the consigned mass of nuts exported.

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

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

155 What rate of NRS excise levy is (NRS Excise Levy Act, subclause 9 (1) of Schedule 9)

 (1) In this regulation:

consigned mass has the same meaning as in the Macadamia Nut Levy Collection Regulations.

 (2) The rate of NRS excise levy on macadamia nuts is 0.2 cents per tonne of the consigned mass of the nuts.

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

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

156 When levy is due for payment (Collection Act, s 6)

 (1) NRS customs levy payable on macadamia nuts is due for payment on the last day for lodging a return for the nuts under the Macadamia Nut Levy Collection Regulations.

 (2) NRS excise levy payable on macadamia nuts is due for payment on the last day for lodging a return for the nuts under the Macadamia Nut Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

157 Information in returns under Macadamia Nut Levy Collection Regulations

  A person who lodges a return under the Macadamia Nut Levy Collection Regulations must include in the return:

 (a) if the return relates to the export of macadamia nuts—details of:

 (i) the amount of NRS customs levy payable by the person on the nuts; and

 (ii) the amount of NRS customs levy paid by the person on the nuts; and

 (b) details of:

 (i) the amount of any NRS excise levy payable by the producer on the nuts that the return is about; and

 (ii) the amount of any NRS excise levy paid by the producer on the nuts.

Note   For penalty, see s 24 of the Collection Act.

158 Information in records under Macadamia Nut Levy Collection Regulations

 (1) A person who is liable to pay NRS customs levy on macadamia nuts for a return period, and must keep records under the Macadamia Nut Levy Collection Regulations, must include in the records details of:

 (a) how much NRS customs levy was payable on the nuts; and

 (b) how much NRS customs levy was paid on the nuts.

Note   Return period, for macadamia nuts, means the period beginning on 1 January and ending on 30 June in a year, and the period beginning on 1 July and ending on 31 December in a year—see the Macadamia Nut Collection Regulations, r 4.

 (2) A person who is liable to pay NRS excise levy on macadamia nuts for a return period, and must keep records under the Macadamia Nut Levy Collection Regulations, must include in the records details of:

 (a) how much NRS excise levy was payable on the nuts; and

 (b) how much NRS excise levy was paid on the nuts.

Note 1   Return period, for macadamia nuts, means the period beginning on 1 January and ending on 30 June in a year, and the period beginning on 1 July and ending on 31 December in a year—see the Macadamia Nut Collection Regulations, r 4.

Note 2   Regulation numbers 159-160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 intentionally not used.

Part 12 Levy on laying chickens

:

183 Meaning of expressions for Part

 (1) In this Part:

Laying Chicken Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Laying Chicken) Regulations.

 (2) An expression used in both this Part and Schedule 10 to the NRS Excise Levy Act has the same meaning in this Part as in the Schedule.

 (3) An expression used in both this Part and the Laying Chicken Levy Collection Regulations has the same meaning in this Part as in those Regulations.

184 Incorporation with Laying Chicken Levy Collection Regulations

  This Part is incorporated, and must be read as one, with the Laying Chicken Levy Collection Regulations.

Note 1   The operative rate of NRS excise levy on laying chickens is 0.40 cents (maximum rate 2 cents) per head—see clause 3 of Schedule 10 to the NRS Excise Levy Act.

Note 2   Regulation number 185 intentionally not used.

186 When levy is due for payment (Collection Act, s 6)

  NRS excise levy on laying chickens is due for payment on the last day for lodging a return for the chickens under the Laying Chicken Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

187 Information in returns under Laying Chicken Levy Collection Regulations

  A producer who lodges a return under the Laying Chicken Levy Collection Regulations must include in the return details of:

 (a) how much NRS excise levy was payable on the chickens that the return is about; and

 (b) how much NRS excise levy was paid on the chickens.

Note   For penalty, see s 24 of the Collection Act.

188 Information in records under Laying Chicken Levy Collection Regulations

  A person who is liable to pay NRS excise levy on laying chickens for a month, and must keep records under the Laying Chicken Levy Collection Regulations, must include in the records details of:

 (a) how much NRS excise levy was payable on the chickens; and

 (b) how much NRS excise levy was paid on the chickens.

Part 13 Levy on livestock slaughter

Division 1 Preliminary

189 Meaning of expressions for Part

  An expression used in both this Part and Schedule 11 to the NRS Excise Levy Act has the same meaning in this Part as in the Schedule.

Division 2 Buffalo

190 Meaning of expressions for Division

 (1) In this Division:

Buffalo Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Buffalo, Cattle and Live-stock) Regulations 1998.

 (2) An expression used in both this Division and the Buffalo Levy Collection Regulations has the same meaning in this Division as in those Regulations.

191 Incorporation with Buffalo Levy Collection Regulations

  This Division is incorporated, and must be read as one, with the Buffalo Levy Collection Regulations.

Note 1   The operative and maximum rates of NRS excise levy on buffalo slaughter are $5.00 per head—see clause 2 of Schedule 11 to the NRS Excise Levy Act.

Note 2   Regulation number 192 intentionally not used.

193 When levy is due for payment (Collection Act, s 6)

  NRS excise levy on the slaughter of buffaloes is due for payment on the last day for lodging a return for the buffaloes under the Buffalo Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

194 Information in returns under Buffalo Levy Collection Regulations

  A person who lodges a return about buffalo slaughter under the Buffalo Levy Collection Regulations must include in the return details of:

 (a) how much NRS excise levy was payable on the slaughter; and

 (b) how much NRS excise levy was paid on the slaughter.

Note   For penalty, see s 24 of the Collection Act.

195 Information in records under Buffalo Levy Collection Regulations

  A person who is liable to pay NRS excise levy on the slaughter of buffalo for a month, and must keep records under the Buffalo Levy Collection Regulations, must include in the records details of:

 (a) how much NRS excise levy was payable on the slaughter; and

 (b) how much NRS excise levy was paid on the slaughter.

196 Transitional—obligations about returns under Buffalo Levy Collection Regulations

  A person who is required, under subregulation 13 (3) of the Buffalo Levy Collection Regulations (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.

Division 3 Deer

197 Meaning of expressions for Division

 (1) In this Division:

Deer Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations.

 (2) An expression used in both this Division and the Deer Levy Collection Regulations has the same meaning in this Division as in those Regulations.

198 Definitions etc for Schedule 11 of NRS Excise Levy Act

 (1) For clause 3 of Schedule 11 to the NRS Excise Levy Act:

dressed carcase of a slaughtered deer has the meaning given by regulation 5 of the Deer Levy Collection Regulations.

Note   Under that regulation, dressed carcase of a slaughtered deer means the body of the deer after:

 (a) bleeding; and

 (b) skinning; and

 (c) the removal of the internal digestive, respiratory, excretory, reproductive and circulatory organs; and

 (d) minimum trimming (as required by the appropriate inspecting authority under any law of the Commonwealth, or of a State or Territory) for the carcase to be passed as being fit for human consumption; and

 (e) the removal of:

 (i) the head (severed between the occipital bone and the first cervical vertebra); and

 (ii) the feet (severed between the knee joint (carpus and metacarpus) and the hock joint (tarsus and metatarsus)); and

 (iii) so much of the tail as is longer than 5 coccygeal vertebrae; and

 (iv) the thick skirt (by separating the connective tissue as close to the bodies of the lumbar vertebrae as possible); and

 (v) the kidney, the kidney knob and the pelvic channel fat; and

 (vi) in the case of a doe—the udder, or the udder and the cod fat; and

 (vii) in the case of a stag—the penis and testes.

 (2) For the definition of cold dressed carcase weight in clause 3 of Schedule 11 to the NRS Levy Act, the cold dressed carcase weight of a slaughtered deer is determined in the way specified in subregulation 6 (1) of the Deer Levy Collection Regulations.

Note   That is, by weighing the dressed carcase 2 hours or more after slaughter.

 (3) For the definition of hot dressed carcase weight in that clause, the hot dressed carcase weight of a slaughtered deer is determined in the way specified in subregulation 6 (2) of those Regulations.

Note   That is, by weighing the dressed carcase within 2 hours after slaughter.

199 Incorporation with Deer Levy Collection Regulations

  This Division is incorporated, and must be read as one, with the Deer Levy Collection Regulations.

Note 1   The rates of NRS excise levy on the slaughter of deer are as follows (see subclause 3 (1) of Schedule 11 to the NRS Excise Levy Act):

 if the cold dressed carcase weight of the slaughtered deer has been determined (paragraph 3 (1) (a) of the subclause)—operative rate 3 cents, maximum rate 4 cents, per kilogram;

 if the hot dressed carcase weight of the slaughtered deer has been determined (paragraph 3 (1) (b) of the subclause)—operative rate 3 cents, maximum rate 4 cents, per kilogram;

 if neither the cold dressed carcase weight nor the hot dressed carcase weight of the slaughtered deer has been determined (paragraph 3 (1) (c) of the subclause)—operative rate $1.80, maximum rate $2.40, per deer.

Note 2   Regulation number 200 intentionally not used.

201 When levy is due for payment (Collection Act, s 6)

  NRS excise levy on deer slaughter is due for payment on the last day for lodging a monthly return for the slaughter under the Deer Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

202 Information in returns under Deer Levy Collection Regulations

  A person who lodges a monthly return under the Deer Levy Collection Regulations must include in the return details of:

 (a) how much NRS excise levy was payable on the slaughter of deer that the return is about; and

 (b) how much NRS excise levy was paid on that slaughter.

Note   For penalty, see s 24 of the Collection Act.

203 Information in records under Deer Levy Collection Regulations

  A person who is liable to pay NRS excise levy on the slaughter of deer for a month, and must keep records under the Deer Levy Collection Regulations, must include in the records details of:

 (a) how much NRS excise levy was payable on the slaughter; and

 (b) how much NRS excise levy was paid on the slaughter.

Division 4 Pigs

204 Meaning of expressions for Division

 (1) In this Division:

Pig Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Pig) Regulations.

 (2) An expression used in both this Division and the Pig Levy Collection Regulations has the same meaning in this Division as in those Regulations.

205 Incorporation with Pig Levy Collection Regulations

  This Division is incorporated, and must be read as one, with the Pig Levy Collection Regulations.

Note 1   The operative rate of NRS excise levy on pig slaughter is 8.5 cents (maximum rate 40 cents) per head—see clause 4 of Schedule 11 to the NRS Excise Levy Act.

Note 2   Regulation number 206 intentionally not used.

207 When levy is due for payment (Collection Act, s 6)

  NRS excise levy on pig slaughter is due for payment on the last day for lodging a return for the slaughter under the Pig Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

208 Information in returns under Pig Levy Collection Regulations

  A person who lodges a return under the Pig Levy Collection Regulations must include in the return details of:

 (a) how much NRS excise levy was payable on the slaughter of pigs that the return is about; and

 (b) how much NRS excise levy was paid on the slaughter.

Note   For penalty, see s 24 of the Collection Act.

209 Information in records under Pig Levy Collection Regulations

  A person who is liable to pay NRS excise levy on the slaughter of pigs for a month, and must keep records under the Pig Levy Collection Regulations, must include in the records details of:

 (a) how much NRS excise levy was payable on the slaughter; and

 (b) how much NRS excise levy was paid on the slaughter.

Part 14 Levy on meat chickens

:

210 Meaning of expressions for Part

 (1) In this Part:

Meat Chicken Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Meat Chicken) Regulations.

 (2) An expression used in both this Part and Schedule 12 to the NRS Excise Levy Act has the same meaning in this Part as in the Schedule.

 (3) An expression used in both this Part and the Meat Chicken Levy Collection Regulations has the same meaning in this Part as in those Regulations.

211 Incorporation with Meat Chicken Levy Collection Regulations

  This Part is incorporated, and must be read as one, with the Meat Chicken Levy Collection Regulations.

Note 1   The operative rate of NRS excise levy on meat chickens is 0.02 cents (maximum rate 0.06 cents) per head—see clause 3 of Schedule 12 to the NRS Excise Levy Act.

Note 2   Regulation number 212 intentionally not used.

213 When levy is due for payment (Collection Act, s 6)

  NRS excise levy payable on meat chickens is due for payment on the last day for lodging a return for the chickens under the Meat Chicken Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

214 Information in returns under Meat Chicken Levy Collection Regulations

  A producer who lodges a return under the Meat Chicken Levy Collection Regulations must include in the return details of:

 (a) how much NRS excise levy was payable on the meat chickens that the return is about; and

 (b) how much NRS excise levy was paid on the chickens.

Note   For penalty, see s 24 of the Collection Act.

215 Information in records under Meat Chicken Levy Collection Regulations

  A person who is liable to pay NRS excise levy on meat chickens for a month, and must keep records under the Meat Chicken Levy Collection Regulations, must include in the records details of:

 (a) how much NRS excise levy was payable on the chickens; and

 (b) how much NRS excise levy was paid on the chickens.

Part 15 Levy on oilseeds

:

216 Meaning of expressions for Part

 (1) In this Part:

Oilseeds Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Oilseeds) Regulations.

 (2) An expression used in both this Part and Schedule 13 to the NRS Excise Levy Act has the same meaning in this Part as in the Schedule.

 (3) An expression used in both this Part and the Oilseeds Levy Collection Regulations has the same meaning in this Part as in those Regulations.

217 Meaning of value

  In Schedule 13 to the NRS Excise Levy Act and this Part:

value of leviable oilseeds means their value worked out as set out in regulation 3A of the Oilseeds Levy Collection Regulations.

Note   Regulation 3A of the Oilseeds Levy Collection Regulations is as follows (the Levy Act is the Oilseeds Levy Act 1977):

What is the value of leviable oilseeds

 “3A. (1) For the purposes of the definition of value in subsection 4 (1) of the Levy Act, the value of leviable oilseeds is:

 (aa) in the case of seed oilseeds for sowing—the amount that would constitute the sale price of the oilseeds if they were not seed oilseeds for sowing and had been sold at the market price prevailing on the day the oilseeds were delivered as mentioned in subsection 5 (2) of the Levy Act; and

 (a) in the case of oilseeds in a pool—the total amount paid for the oilseeds; and

 (b) in the case of oilseeds not in a pool:

 (i) the sale price of the oilseeds determined by reference to sales invoices or other sales documents relating to the oilseeds; or

 (ii) if there are no relevant sales invoices or other documents—the amount that would constitute the sale price of the oilseeds if they had been sold at the market price prevailing on the day the oilseeds were processed, or delivered, as mentioned in subsection 5 (2) of the Levy Act.

 “(2) The value of leviable oilseeds is to be net of handling, storage, transport and f.o.b. costs.”.

218 Incorporation with Oilseeds Levy Collection Regulations

  This Part is incorporated, and must be read as one, with the Oilseeds Levy Collection Regulations.

Note 1   The operative rate of NRS excise levy on canola is 0.015% (maximum rate 0.03%) of its value—see subclause 6 (1) of Schedule 13 to the NRS Excise Levy Act.

Note 2   There is no rate of NRS excise levy on oilseeds other than canola, but a rate can be set by the regulations—the maximum rate is 0.03% of the value of the oilseeds.

Note 3   Regulation number 219 intentionally not used.

220 When levy is due for payment (Collection Act, s 6)

  NRS excise levy on leviable oilseeds is due for payment on the last day for lodging a quarterly return about the oilseeds under the Oilseeds Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

221 Information in returns under Oilseeds Levy Collection Regulations

  A person who lodges a quarterly return under the Oilseeds Levy Collection Regulations must include in the return details of:

 (a) how much NRS excise levy was payable on the oilseeds that the return is about; and

 (b) how much NRS excise levy was paid on the oilseeds.

Note   For penalty, see s 24 of the Collection Act.

222 Information in records under Oilseeds Levy Collection Regulations

  A person who is liable to pay NRS excise levy on oilseeds for a quarter, and must keep records under the Oilseeds Levy Collection Regulations, must include in the records details of:

 (a) how much NRS excise levy was payable on the oilseeds; and

 (b) how much NRS excise levy was paid on the oilseeds.

Part 16 Levy on ratite slaughter

:

223 Meaning of expressions for Part

 (1) In this Part:

monthly return means a return under regulation 232.

 (2) For this Part, the period beginning on 3 July 1998 and ending on 31 July 1998 is taken to be a month.

Note   Month means calendar month—see Acts Interpretation Act 1901, s 22 (1) (b).

 (3) An expression used in both this Part and Schedule 14 to the NRS Excise Levy Act has the same meaning in this Part as in the Schedule.

224 Levy year (Collection Act, s 4 (1)—definition of levy year)

 (1) The levy year for ratite slaughter is a financial year.

Note   Financial year means a period of 12 months commencing on 1 July—see Acts Interpretation Act 1901, s 22 (1) (e).

 (2) For this Part and the Collection Act, the period beginning on 3 July 1998 and ending on 30 June 1999 is taken to be a levy year for ratite slaughter.

225 Producer, and proprietor of processing establishment etc, are processor for Collection Act

  Paragraphs (a) and (b) of the definition of processor in subsection 4 (1) of the Collection Act apply to ratites.

226 Owner at time of slaughter is producer for Collection Act

  Ratites are prescribed for paragraph (f) of the definition of producer in subsection 4 (1) of the Collection Act.

227 Liability of processor as intermediary

  Paragraph 7 (2) (b) of the Collection Act applies to ratites.

228 Rate of NRS excise levy on slaughter of ostriches (NRS Excise Levy Act, Schedule 14, subclause 3 (2))

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

Note 1   The operative rate of NRS excise levy on emu slaughter is 75 cents (maximum rate $5.00) per head. No rate is set for other ratites in the NRS Excise Levy Act, but a rate (maximum $5.00 per head) can be set by the regulations. See subclauses 3 (1) and 3 (2) of Schedule 14 to that Act.

Note 2   Regulation number 229 intentionally not used.

230 When levy is due for payment (Collection Act, s 6)

  NRS excise levy payable on the slaughter of ratites is due for payment on the last day for giving the Secretary a monthly return for the slaughter.

Note   For penalty for late payment, see s 15 of the Collection Act.

231 Who must give return to Secretary

  A processor who, in a month, slaughters ratites for which levy is payable must give the Secretary a return for the month.

Note   For penalty, see s 24 of the Collection Act.

232 What must be in return

 (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 (not a post office box or bag address) of:

 (i) the processor; and

 (ii) the abattoir; and

 (b) if the processor or the abattoir has a post office box or bag address—that address; and

 (c) if the processor is a company—its Australian Company Number; and

 (d) if the proprietor of the abattoir is a company—the company’s Australian Company Number; and

 (e) how many ratites of each kind were slaughtered in the month, showing separately:

 (i) how many ratites of each kind were slaughtered; and

 (ii) how many of them were condemned or rejected by an inspector as unfit for human consumption; and

 (iii) how many of them were not condemned or rejected; and

 (f) how much NRS excise levy was payable for the ratites not slaughtered or condemned; and

 (g) how much NRS excise levy was paid for those ratites.

Note   For penalty, see s 24 of the Collection Act.

233 When and how return must be given to Secretary

 (1) A return for a month must be given to the Secretary on or before the 28th day of the next month.

 (2) The return must be given to the Secretary by sending it to the Secretary’s office address.

Note   For these Regulations, the Secretary’s office address is:

The Secretary
Department of Primary Industries and Energy
Locked Bag 4488
KINGSTON  ACT  2604.

234 What records must be kept

 (1) A processor that must give the Secretary a return under this Part must keep records for each abattoir, for each month, setting out:

 (a) for each day in the month:

 (i) how many ratites of each kind were slaughtered; and

 (ii) how many of them were condemned or rejected by an inspector as unfit for human consumption; and

 (b) for the month:

 (i) how many ratites of each kind were slaughtered; and

 (ii) how many of them were condemned or rejected by an inspector as unfit for human consumption; and

 (c) the name and address of each person who owned 1 or more of the ratites when it was, or they were, slaughtered; and

 (d) how much NRS excise levy was payable by each such person; and

 (e) how much NRS excise levy was paid by each such person; and

 (f) how much NRS excise levy was payable on all ratites slaughtered; and

 (g) how much NRS excise levy was paid on all ratites slaughtered.

  Penalty:   10 penalty units.

 (2) A person who owns 1 or more of the ratites when it is, or they are, slaughtered must give his or her name and address to the processor if asked, in writing, by the processor to do so.

  Penalty:   5 penalty units.

235 How long records must be retained

  A person must retain the records:

 (a) if the person gives the Secretary a return for the month to which the records relate 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.

236 Transitional—obligations about returns under former Regulations

  A person who, under the Primary Industries Levies and Charges Collection (National Residue Survey—Ratite 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.

Part 17 Levies on sheep, lambs and goats transactions etc and sheep, lambs and goats export

:

237 Meaning of expressions for Part

 (1) In this Part:

Live-stock Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Buffalo, Cattle and Live-stock) Regulations 1998.

 (2) An expression used in both this Part and Schedule 5 to the NRS Customs Levy Act has the same meaning in this Part as in the Schedule.

 (3) An expression used in both this Part and Schedule 15 to the NRS Excise Levy Act has the same meaning in this Part as in the Schedule.

 (4) An expression used in both this Part and the Live-Stock Levy Collection Regulations has the same meaning in this Part as in those Regulations.

238 Incorporation with Live-stock Levy Collection Regulations

  This Part is incorporated, and must be read as one, with the Live-stock Levy Collection Regulations.

239 Rate of NRS customs levy on export of sheep and lambs (NRS Customs Levy Act, Schedule 5, clause 3)

 (1) For this regulation, the value per head of sheep or lambs being exported is taken to be the free-on-board value per head (and, if that value is not an integer multiple of 10 cents, rounded up to the next higher multiple of 10 cents) of the sheep or lambs.

 (2) For the export of sheep valued at $5.00 or more per head, the rate for subclause 3 (1) of Schedule 5 to the NRS Customs Levy Act is the amount in column 2 of the item in Schedule 1 that refers to the value per head of the sheep.

 (3) For the export of lambs valued at $5.00 or more per head, the rate for subclause 3 (1) of Schedule 5 to the NRS Customs Levy Act is the amount in column 2 of the item in Schedule 2 that refers to the value per head of the lambs.

 (4) For the export of sheep or lambs valued at less than $5.00 per head, the rate for that subclause is $0.00.

Note 1   These are the operative rates. The maximum rate is 8 cents per head for both sheep and lambs. See subclause 3 (1) of Schedule 5 to the NRS Customs Levy Act.

Note 2   The operative rate of NRS excise levy on the export of goats is 3 cents (maximum rate 8 cents) per head. See subclause 3 (2) of that Schedule.

240 Rate of NRS excise levy on sheep and lamb transactions etc (NRS Excise Levy Act, Schedule 15, clause 3)

 (1) In this regulation:

 (a) sale includes the sale of live-stock together with the sale of real property; and

 (b) hot carcase weight of a carcase means the weight of the carcase within 2 hours after slaughter.

 (2) For this regulation, the sale price per head of sheep or lambs is taken to be the price of the sheep or lambs stated for the transaction (whether the sale price is expressed as a live-weight sale price or a hot carcase weight sale price, and, if the sale price per head is not an integer multiple of 10 cents, rounded up to the next higher multiple of 10 cents).

 (3) For a sheep transaction that is a sale in which the sale price of the sheep is $5.00 or more per head, the rate for paragraph 3 (1) (a) of Schedule 15 to the NRS Excise Levy Act is the amount in column 2 of the item in Schedule 1 that refers to the sale price per head of the sheep.

Note   This is the operative rate. The maximum rate is 8 cents per head. See subclause 3 (1) of Schedule 15 to the NRS Excise Levy Act. The rate of NRS excise levy on the slaughter of sheep is 2 cents per head of sheep or lambs (see paragraph 3 (1) (b) of that Schedule).

 (4) For a lamb transaction that is a sale in which the sale price of the lambs is $5.00 or more per head, the rate for that paragraph is the amount in column 2 of the item in Schedule 2 that refers to the sale price per head of the lambs.

 (5) For a sale of sheep or lambs in which the sale price is less than $5.00 per head, the amount for that paragraph is $0.00.

 (6) Subregulation (1), (2) or (3) 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.

Note 1   These are the operative rates. The maximum rate is 8 cents per head for both sheep and lambs. See subclause 3 (1) of Schedule 15 to the NRS Excise Levy Act. The rate of NRS excise levy on the slaughter of lambs is 2 cents per head of sheep or lambs (see paragraph 3 (1) (b) of that Schedule).

Note 2   The operative rate of NRS excise levy on a goat transaction is 3 cents (maximum rate 8 cents) per head. See subclause 3 (2) of Schedule 15 to the NRS Excise Levy Act.

Note 3   Regulation numbers 241-242 243 244 245 246 intentionally not used.

247 When levy is due for payment (Collection Act, s 6)

 (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 the Live-stock Levy 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 those Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

248 Information in returns under Live-stock Levy Collection Regulations

 (1) A person who lodges a return under the Live-stock Levy 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 the Live-stock Levy 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 the Live-stock Levy 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 the Live-stock Levy 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 penalty, see s 24 of the Collection Act.

249 Information in records under Live-stock Levy Collection Regulations

 (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 the Live-stock Levy 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 the Live-stock Levy 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.

250 Transitional—obligations about returns under Live-stock Levy Collection Regulations

  A person who is required, under subregulation 71 (3), 73 (2), 75 (2), 80 (3) or 82 (2) of the Live-stock Levy Collection Regulations (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.

Part 18 Levy on wheat

:

251 Meaning of expressions for Part

 (1) In this Part:

Wheat Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Wheat) Regulations.

 (2) 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 the Schedule.

 (3) An expression used in both this Part and the Wheat Levy Collection Regulations has the same meaning in this Part as in those Regulations.

252 Meaning of value

  In Schedule 16 to the NRS Excise Levy Act and this Part:

value of wheat means its value worked out as set out in regulation 4 of the Wheat Levy Collection Regulations.

Note   Regulation 4 of the Wheat Levy Collection Regulations is as follows (the Levy Act is the Wheat Industry Fund Levy Act 1989):

What is the sale value of wheat

 “4. (1) For the purposes of the definition of value in subsection 4A (1) of the Levy Act, the sale value of wheat is:

 (aa) in the case of seed wheat for sowing—the amount that would constitute the sale price of the wheat if it were not seed wheat for sowing and had been sold at the market price prevailing on the day the wheat was delivered as mentioned in section 5 of the Levy Act; or

 (a) in the case of pool return wheat or other wheat subject to pooling arrangements—the amount of each payment made for the wheat; or

 (b) in any other case—the sale price of the wheat:

 (i) ascertained by reference to sales invoices or other sales documents relating to the wheat; or

 (ii) if there are no sales invoices or documents of that kind—the amount that would constitute the sale price of the wheat if that wheat had been sold at the market price prevailing on the day the wheat was processed, or delivered, as mentioned in section 5 of the Levy Act.

 “(2) The value of wheat is to be net of handling, storage, transport and f.o.b. costs.”.]

253 Incorporation with Wheat Levy Collection Regulations

  This Part is incorporated, and must be read as one, with the Wheat Levy 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.

255 When levy is due for payment (Collection Act, s 6)

  NRS excise levy on wheat is due for payment on the last day for lodging a quarterly return for the wheat under the Wheat Levy Collection Regulations.

Note   For penalty for late payment, see s 15 of the Collection Act.

256 Information in returns under Wheat Levy Collection Regulations

  A person who lodges a quarterly return under the Wheat Levy 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 penalty, see s 24 of the Collection Act.

257 Information in records under Wheat Levy Collection Regulations

  A person who is liable to pay NRS excise levy on wheat for a quarter, and must keep records under the Wheat Levy 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.

Schedule 1 Rate of NRS customs levy on sheep export and NRS excise levy on sheep transactions

Regulations 239 and 240

Column 1
Sale price

or value



($)

Column 2
Amount of NRS customs levy or NRS excise levy


($)

5.00

0.0090

5.10

0.0092

5.20

0.0094

5.30

0.0095

5.40

0.0097

5.50

0.0099

5.60

0.0101

5.70

0.0103

5.80

0.0104

5.90

0.0106

6.00

0.0108

6.10

0.0110

6.20

0.0112

6.30

0.0113

6.40

0.0115

6.50

0.0117

6.60

0.0119

6.70

0.0121

6.80

0.0122

6.90

0.0124

7.00

0.0126

7.10

0.0128

7.20

0.0130

7.30

0.0131

7.40

0.0133

7.50

0.0135

7.60

0.0137

7.70

0.0139

7.80

0.0140

7.90

0.0142

8.00

0.0144

8.10

0.0146

8.20

0.0148

8.30

0.0149

8.40

0.0151

8.50

0.0153

8.60

0.0155

8.70

0.0157

8.80

0.0158

8.90

0.0160

9.00

0.0162

9.10

0.0164

9.20

0.0166

9.30

0.0167

9.40

0.0169

9.50

0.0171

9.60

0.0173

9.70

0.0175

9.80

0.0176

9.90

0.0178

10.00

or more

0.0180

Schedule 2 Rate of NRS customs levy on lamb export and NRS excise levy on lamb transactions

Regulations 239 and 240

Column 1
Sale price or value




($)

Column 2
Amount of NRS customs levy or NRS excise levy



($)

5.00

0.0053

5.10

0.0054

5.20

0.0055

5.30

0.0057

5.40

0.0058

5.50

0.0059

5.60

0.0060

5.70

0.0061

5.80

0.0062

5.90

0.0063

6.00

0.0064

6.10

0.0065

6.20

0.0066

6.30

0.0067

6.40

0.0068

6.50

0.0069

6.60

0.0070

6.70

0.0071

6.80

0.0073

6.90

0.0074

7.00

0.0075

7.10

0.0076

7.20

0.0077

7.30

0.0078

7.40

0.0079

7.50

0.0080

7.60

0.0081

7.70

0.0082

7.80

0.0083

7.90

0.0084

8.00

0.0085

8.10

0.0086

8.20

0.0087

8.30

0.0089

8.40

0.0090

8.50

0.0091

8.60

0.0092

8.70

0.0093

8.80

0.0094

8.90

0.0095

9.00

0.0096

9.10

0.0097

9.20

0.0098

9.30

0.0099

9.40

0.0100

9.50

0.0101

9.60

0.0102

9.70

0.0103

9.80

0.0105

9.90

0.0106

10.00

0.0107

10.10

0.0108

10.20

0.0109

10.30

0.0110

10.40

0.0111

10.50

0.0112

10.60

0.0113

10.70

0.0114

10.80

0.0115

10.90

0.0116

11.00

0.0117

11.10

0.0118

11.20

0.0119

11.30

0.0121

11.40

0.0122

11.50

0.0123

11.60

0.0124

11.70

0.0125

11.80

0.0126

11.90

0.0127

12.00

0.0128

12.10

0.0129

12.20

0.0130

12.30

0.0131

12.40

0.0132

12.50

0.0133

12.60

0.0134

12.70

0.0135

12.80

0.0137

12.90

0.0138

13.00

0.0139

13.10

0.0140

13.20

0.0141

13.30

0.0142

13.40

0.0143

13.50

0.0144

13.60

0.0145

13.70

0.0146

13.80

0.0147

13.90

0.0148

14.00

0.0149

14.10

0.0150

14.20

0.0151

14.30

0.0153

14.40

0.0154

14.50

0.0155

14.60

0.0156

14.70

0.0157

14.80

0.0158

14.90

0.0159

15.00

0.0160

15.10

0.0161

15.20

0.0162

15.30

0.0163

15.40

0.0164

15.50

0.0165

15.60

0.0166

15.70

0.0167

15.80

0.0169

15.90

0.0170

16.00

0.0171

16.10

0.0172

16.20

0.0173

16.30

0.0174

16.40

0.0175

16.50

0.0176

16.60

0.0177

16.70

0.0178

16.80

0.0179

16.90

0.0180

17.00

0.0181

17.10

0.0182

17.20

0.0183

17.30

0.0185

17.40

0.0186

17.50

0.0187

17.60

0.0188

17.70

0.0189

17.80

0.0190

17.90

0.0191

18.00

0.0192

18.10

0.0193

18.20

0.0194

18.30

0.0195

18.40

0.0196

18.50

0.0197

18.60

0.0198

18.70

0.0199

18.80

0.0201

18.90

0.0202

19.00

0.0203

19.10

0.0204

19.20

0.0205

19.30

0.0206

19.40

0.0207

19.50

0.0208

19.60

0.0209

19.70

0.0210

19.80

0.0211

19.90

0.0212

20.00

0.0213

20.10

0.0214

20.20

0.0215

20.30

0.0217

20.40

0.0218

20.50

0.0219

20.60

0.0220

20.70

0.0221

20.80

0.0222

20.90

0.0223

21.00

0.0224

21.10

0.0225

21.20

0.0226

21.30

0.0227

21.40

0.0228

21.50

0.0229

21.60

0.0230

21.70

0.0231

21.80

0.0233

21.90

0.0234

22.00

0.0235

22.10

0.0236

22.20

0.0237

22.30

0.0238

22.40

0.0239

22.50

0.0240

22.60

0.0241

22.70

0.0242

22.80

0.0243

22.90

0.0244

23.00

0.0245

23.10

0.0246

23.20

0.0247

23.30

0.0249

23.40

0.0250

23.50

0.0251

23.60

0.0252

23.70

0.0253

23.80

0.0254

23.90

0.0255

24.00

0.0256

24.10

0.0257

24.20

0.0258

24.30

0.0259

24.40

0.0260

24.50

0.0261

24.60

0.0262

24.70

0.0263

24.80

0.0265

24.90

0.0266

25.00

0.0267

25.10

0.0268

25.20

0.0269

25.30

0.0270

25.40

0.0271

25.50

0.0272

25.60

0.0273

25.70

0.0274

25.80

0.0275

25.90

0.0276

26.00

0.0277

26.10

0.0278

26.20

0.0279

26.30

0.0281

26.40

0.0282

26.50

0.0283

26.60

0.0284

26.70

0.0285

26.80

0.0286

26.90

0.0287

27.00

0.0288

27.10

0.0289

27.20

0.0290

27.30

0.0291

27.40

0.0292

27.50

0.0293

27.60

0.0294

27.70

0.0295

27.80

0.0297

27.90

0.0298

28.00

0.0299

28.10

0.0300

28.20

0.0301

28.30

0.0302

28.40

0.0303

28.50

0.0304

28.60

0.0305

28.70

0.0306

28.80

0.0307

28.90

0.0308

29.00

0.0309

29.10

0.0310

29.20

0.0311

29.30

0.0313

29.40

0.0314

29.50

0.0315

29.60

0.0316

29.70

0.0317

29.80

0.0318

29.90

0.0319

30.00

0.0320

30.10

0.0321

30.20

0.0322

30.30

0.0323

30.40

0.0324

30.50

0.0325

30.60

0.0326

30.70

0.0327

30.80

0.0329

30.90

0.0330

31.00

0.0331

31.10

0.0332

31.20

0.0333

31.30

0.0334

31.40

0.0335

31.50

0.0336

31.60

0.0337

31.70

0.0338

31.80

0.0339

31.90

0.0340

32.00

0.0341

32.10

0.0342

32.20

0.0343

32.30

0.0345

32.40

0.0346

32.50

0.0347

32.60

0.0348

32.70

0.0349

32.80

0.0350

32.90

0.0351

33.00

0.0352

33.10

0.0353

33.20

0.0354

33.30

0.0355

33.40

0.0356

33.50

0.0357

33.60

0.0358

33.70

0.0359

33.80

0.0361

33.90

0.0362

34.00

0.0363

34.10

0.0364

34.20

0.0365

34.30

0.0366

34.40

0.0367

34.50

0.0368

34.60

0.0369

34.70

0.0370

34.80

0.0371

34.90

0.0372

35.00

0.0373

35.10

0.0374

35.20

0.0375

35.30

0.0377

35.40

0.0378

35.50

0.0379

35.60

0.0380

35.70

0.0381

35.80

0.0382

35.90

0.0383

36.00

0.0384

36.10

0.0385

36.20

0.0386

36.30

0.0387

36.40

0.0388

36.50

0.0389

36.60

0.0390

36.70

0.0391

36.80

0.0393

36.90

0.0394

37.00

0.0395

37.10

0.0396

37.20

0.0397

37.30

0.0398

37.40

0.0399

37.50

0.0400

37.60

0.0401

37.70

0.0402

37.80

0.0403

37.90

0.0404

38.00

0.0405

38.10

0.0406

38.20

0.0407

38.30

0.0409

38.40

0.0410

38.50

0.0411

38.60

0.0412

38.70

0.0413

38.80

0.0414

38.90

0.0415

39.00

0.0416

39.10

0.0417

39.20

0.0418

39.30

0.0419

39.40

0.0420

39.50

0.0421

39.60

0.0422

39.70

0.0423

39.80

0.0425

39.90

0.0426

40.00

0.0427

40.10

0.0428

40.20

0.0429

40.30

0.0430

40.40

0.0431

40.50

0.0432

40.60

0.0433

40.70

0.0434

40.80

0.0435

40.90

0.0436

41.00

0.0437

41.10

0.0438

41.20

0.0439

41.30

0.0441

41.40

0.0442

41.50

0.0443

41.60

0.0444

41.70

0.0445

41.80

0.0446

41.90

0.0447

42.00

0.0448

42.10

0.0449

42.20

0.0450

42.30

0.0451

42.40

0.0452

42.50

0.0453

42.60

0.0454

42.70

0.0455

42.80

0.0457

42.90

0.0458

43.00

0.0459

43.10

0.0460

43.20

0.0461

43.30

0.0462

43.40

0.0463

43.50

0.0464

43.60

0.0465

43.70

0.0466

43.80

0.0467

43.90

0.0468

44.00

0.0469

44.10

0.0470

44.20

0.0471

44.30

0.0473

44.40

0.0474

44.50

0.0475

44.60

0.0476

44.70

0.0477

44.80

0.0478

44.90

0.0479

45.00

0.0480

45.10

0.0481

45.20

0.0482

45.30

0.0483

45.40

0.0484

45.50

0.0485

45.60

0.0486

45.70

0.0487

45.80

0.0489

45.90

0.0490

46.00

0.0491

46.10

0.0492

46.20

0.0493

46.30

0.0494

46.40

0.0495

46.50

0.0496

46.60

0.0497

46.70

0.0498

46.80

0.0499

46.90

0.0500

47.00

0.0501

47.10

0.0502

47.20

0.0503

47.30

0.0505

47.40

0.0506

47.50

0.0507

47.60

0.0508

47.70

0.0509

47.80

0.0510

47.90

0.0511

48.00

0.0512

48.10

0.0513

48.20

0.0514

48.30

0.0515

48.40

0.0516

48.50

0.0517

48.60

0.0518

48.70

0.0519

48.80

0.0521

48.90

0.0522

49.00

0.0523

49.10

0.0524

49.20

0.0525

49.30

0.0526

49.40

0.0527

49.50

0.0528

49.60

0.0529

49.70

0.0530

49.80

0.0531

49.90

0.0532

50.00

0.0533

50.10

0.0534

50.20

0.0535

50.30

0.0537

50.40

0.0538

50.50

0.0539

50.60

0.0540

50.70

0.0541

50.80

0.0542

50.90

0.0543

51.00

0.0544

51.10

0.0545

51.20

0.0546

51.30

0.0547

51.40

0.0548

51.50

0.0549

51.60

0.0550

51.70

0.0551

51.80

0.0553

51.90

0.0554

52.00

0.0555

52.10

0.0556

52.20

0.0557

52.30

0.0558

52.40

0.0559

52.50

0.0560

52.60

0.0561

52.70

0.0562

52.80

0.0563

52.90

0.0564

53.00

0.0565

53.10

0.0566

53.20

0.0567

53.30

0.0569

53.40

0.0570

53.50

0.0571

53.60

0.0572

53.70

0.0573

53.80

0.0574

53.90

0.0575

54.00

0.0576

54.10

0.0577

54.20

0.0578

54.30

0.0579

54.40

0.0580

54.50

0.0581

54.60

0.0582

54.70

0.0583

54.80

0.0585

54.90

0.0586

55.00

0.0587

55.10

0.0588

55.20

0.0589

55.30

0.0590

55.40

0.0591

55.50

0.0592

55.60

0.0593

55.70

0.0594

55.80

0.0595

55.90

0.0596

56.00

0.0597

56.10

0.0598

56.20

0.0599

56.30

0.0601

56.40

0.0602

56.50

0.0603

56.60

0.0604

56.70

0.0605

56.80

0.0606

56.90

0.0607

57.00

0.0608

57.10

0.0609

57.20

0.0610

57.30

0.0611

57.40

0.0612

57.50

0.0613

57.60

0.0614

57.70

0.0615

57.80

0.0617

57.90

0.0618

58.00

0.0619

58.10

0.0620

58.20

0.0621

58.30

0.0622

58.40

0.0623

58.50

0.0624

58.60

0.0625

58.70

0.0626

58.80

0.0627

58.90

0.0628

59.00

0.0629

59.10

0.0630

59.20

0.0631

59.30

0.0633

59.40

0.0634

59.50

0.0635

59.60

0.0636

59.70

0.0637

59.80

0.0638

59.90

0.0639

60.00

0.0640

60.10

0.0641

60.20

0.0642

60.30

0.0643

60.40

0.0644

60.50

0.0645

60.60

0.0646

60.70

0.0647

60.80

0.0649

60.90

0.0650

61.00

0.0651

61.10

0.0652

61.20

0.0653

61.30

0.0654

61.40

0.0655

61.50

0.0656

61.60

0.0657

61.70

0.0658

61.80

0.0659

61.90

0.0660

62.00

0.0661

62.10

0.0662

62.20

0.0663

62.30

0.0665

62.40

0.0666

62.50

0.0667

62.60

0.0668

62.70

0.0669

62.80

0.0670

62.90

0.0671

63.00

0.0672

63.10

0.0673

63.20

0.0674

63.30

0.0675

63.40

0.0676

63.50

0.0677

63.60

0.0678

63.70

0.0679

63.80

0.0681

63.90

0.0682

64.00

0.0683

64.10

0.0684

64.20

0.0685

64.30

0.0686

64.40

0.0687

64.50

0.0688

64.60

0.0689

64.70

0.0690

64.80

0.0691

64.90

0.0692

65.00

0.0693

65.10

0.0694

65.20

0.0695

65.30

0.0697

65.40

0.0698

65.50

0.0699

65.60

0.0700

65.70

0.0701

65.80

0.0702

65.90

0.0703

66.00

0.0704

66.10

0.0705

66.20

0.0706

66.30

0.0707

66.40

0.0708

66.50

0.0709

66.60

0.0710

66.70

0.0711

66.80

0.0713

66.90

0.0714

67.00

0.0715

67.10

0.0716

67.20

0.0717

67.30

0.0718

67.40

0.0719

67.50

0.0720

67.60

0.0721

67.70

0.0722

67.80

0.0723

67.90

0.0724

68.00

0.0725

68.10

0.0726

68.20

0.0727

68.30

0.0729

68.40

0.0730

68.50

0.0731

68.60

0.0732

68.70

0.0733

68.80

0.0734

68.90

0.0735

69.00

0.0736

69.10

0.0737

69.20

0.0738

69.30

0.0739

69.40

0.0740

69.50

0.0741

69.60

0.0742

69.70

0.0743

69.80

0.0745

69.90

0.0746

70.00

0.0747

70.10

0.0748

70.20

0.0749

70.30

0.0750

70.40

0.0751

70.50

0.0752

70.60

0.0753

70.70

0.0754

70.80

0.0755

70.90

0.0756

71.00

0.0757

71.10

0.0758

71.20

0.0759

71.30

0.0761

71.40

0.0762

71.50

0.0763

71.60

0.0764

71.70

0.0765

71.80

0.0766

71.90

0.0767

72.00

0.0768

72.10

0.0769

72.20

0.0770

72.30

0.0771

72.40

0.0772

72.50

0.0773

72.60

0.0774

72.70

0.0775

72.80

0.0777

72.90

0.0778

73.00

0.0779

73.10

0.0780

73.20

0.0781

73.30

0.0782

73.40

0.0783

73.50

0.0784

73.60

0.0785

73.70

0.0786

73.80

0.0787

73.90

0.0788

74.00

0.0789

74.10

0.0790

74.20

0.0791

74.30

0.0793

74.40

0.0794

74.50

0.0795

74.60

0.0796

74.70

0.0797

74.80

0.0798

74.90

0.0799

75.00

or more

0.0800

 

Note

1. Made by the Governor-General on 18 June 1998, administered by the Minister for Primary Industries and Energy, and notified in the Commonwealth of Australia Gazette on 25 June 1998.