Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2007 (No. 4)1

Select Legislative Instrument 2007 No. 288

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Residue Survey (Customs) Levy Act 1998 and the National Residue Survey (Excise) Levy Act 1998.

Dated 26 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

SUSSAN LEY

Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

1 Name of Regulations

  These Regulations are the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2007 (No. 4).

2 Commencement

  These Regulations commence on 1 November 2007.

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

  Schedule 1 amends the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998.

Schedule 1 Amendment

(regulation 3)

[1] Regulations 154 and 155

substitute

154 Rate of NRS customs levy

  For subclause 5 (1) of Schedule 4 to the NRS Customs Levy Act, the rate of NRS customs levy on macadamia nuts is 0.63 of a cent per kilogram of dried kernels of macadamia nut.

Note 1   The rate mentioned in this regulation 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.’.

Note 2   Dried kernel is defined for macadamia nuts in clause 10.2 of Schedule 22 to the Collection Regulations.

155 Rate of NRS excise levy

  For subclause 9 (1) of Schedule 9 to the NRS Excise Levy Act, the rate of NRS excise levy on macadamia nuts is 0.63 of a cent per kilogram of dried kernels of macadamia nut.

Note 1   The rate mentioned in this regulation 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.’.

Note 2   Dried kernel is defined for macadamia nuts in clause 10.2 of Schedule 22 to the Collection Regulations.

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.