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This is a Bill, not an Act. For current law, see the Acts databases.
AGRICULTURAL AND VETERINARY CHEMICALS LEGISLATION AMENDMENT (LEVY AND FEES) BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Agricultural and Veterinary Chemicals
Legislation Amendment (Levy and Fees)
Bill 2005
No. , 2005
(Agriculture, Fisheries and Forestry)
A Bill for an Act to amend or repeal legislation
relating to agricultural and veterinary chemicals,
and for related purposes
i Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill 2005
No. , 2005
Contents
1
Short title ......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................3
Schedule 1--Amendment of Acts
5
Agricultural and Veterinary Chemical Products (Collection of Levy)
Act 1994
5
Agricultural and Veterinary Chemicals (Administration) Act 1992
16
Agricultural and Veterinary Chemicals Code Act 1994
17
Agricultural and Veterinary Chemicals Legislation Amendment
(Name Change) Act 2004
18
Financial Framework Legislation Amendment Act 2005
19
Schedule 2--Repeal of Acts
20
Agricultural and Veterinary Chemical Products (Collection of
Interim Levy) Act 1994
20
Agricultural and Veterinary Chemical Products Interim Levy
Imposition (Customs) Act 1994
20
Agricultural and Veterinary Chemical Products Interim Levy
Imposition (Excise) Act 1994
20
Agricultural and Veterinary Chemical Products Interim Levy
Imposition (General) Act 1994
20
Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill 2005
No. , 2005 1
A Bill for an Act to amend or repeal legislation
1
relating to agricultural and veterinary chemicals,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Agricultural and Veterinary
6
Chemicals Legislation Amendment (Levy and Fees) Act 2005.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill
2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1,
items 1 to 27
The day on which this Act receives the
Royal Assent.
3. Schedule 1,
item 28
Immediately after the commencement of
item 75 of Schedule 1 to the Financial
Framework Legislation Amendment Act
2005.
However, if that item commences on or
before the day on which this Act receives
the Royal Assent, the provision(s) do not
commence at all.
4. Schedule 1,
item 29
The day on which this Act receives the
Royal Assent.
5. Schedule 1,
item 30
Immediately after the commencement of
item 75 of Schedule 1 to the Financial
Framework Legislation Amendment Act
2005.
However, if that item commences on or
before the day on which this Act receives
the Royal Assent, the provision(s) do not
commence at all.
6. Schedule 1,
items 31 to 47
The day on which this Act receives the
Royal Assent.
7. Schedule 1,
items 48 and 49
Immediately after the commencement of
section 2 of the Agricultural and Veterinary
Chemicals Legislation Amendment (Name
Change) Act 2004.
23 June 2004
8. Schedule 1,
item 50
At the same time as the commencement of
item 483 of Schedule 1 to the Agricultural
and Veterinary Chemicals Legislation
Amendment (Name Change) Act 2004.
30 July 2004
Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill 2005
No. , 2005 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
9. Schedule 1,
item 51
At the same time as the commencement of
item 484 of Schedule 1 to the Agricultural
and Veterinary Chemicals Legislation
Amendment (Name Change) Act 2004.
However, the provision(s) do not commence
at all if that item does not commence.
10. Schedule 1,
item 52
At the same time as the commencement of
item 485 of Schedule 1 to the Agricultural
and Veterinary Chemicals Legislation
Amendment (Name Change) Act 2004.
30 July 2004
11. Schedule 1,
item 53
At the same time as the commencement of
item 486 of Schedule 1 to the Agricultural
and Veterinary Chemicals Legislation
Amendment (Name Change) Act 2004.
However, the provision(s) do not commence
at all if that item does not commence.
12. Schedule 1,
item 54
The day on which this Act receives the
Royal Assent.
However, if the Financial Framework
Legislation Amendment Act 2005 receives
the Royal Assent before that day, the
provision(s) do not commence at all.
13. Schedule 2
The day on which this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
4 Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill
2005 No. , 2005
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Amendment of Acts Schedule 1
Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill 2005
No. , 2005 5
1
Schedule 1--Amendment of Acts
2
3
Agricultural and Veterinary Chemical Products (Collection
4
of Levy) Act 1994
5
1 Subsection 3(1) (definition of prescribed date for payment)
6
Repeal the definition, substitute:
7
prescribed date for payment, in relation to any levy that is payable,
8
means:
9
(a) if levy is payable because of an assessment that has been
10
made--the date stated in the notice of assessment to be the
11
date by which the levy is to be paid; or
12
(b) otherwise:
13
(i) if levy is payable under subsection 8(1)--the next
14
31 July following the end of the relevant calendar year;
15
or
16
(ii) if levy is payable under subsection 9(1)--1 September in
17
the relevant calendar year; or
18
(iii) if levy is payable under subsection 9(1A)--31 July
19
2005; or
20
(iv) if levy is payable under section 10 or 12B--the next
21
31 December following the end of the relevant financial
22
year.
23
Note:
As the levy is paid in arrears, levy might be payable in respect of a
24
chemical product whose registration has ceased.
25
2 Subsection 3(1) (definition of rate of levy)
26
Omit "or 12", substitute ", 12 or 12C".
27
3 Subsection 3(1)
28
Insert:
29
relevant financial year means the financial year in which the
30
leviable disposals in respect of which the levy is payable took place.
31
4 Subsection 3(1)
32
Schedule 1 Amendment of Acts
6 Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill
2005 No. , 2005
Insert:
1
understatement penalty means understatement penalty payable
2
under section 14A.
3
5 Paragraphs 6(1)(b) and (c)
4
Repeal the paragraphs, substitute:
5
(b) for the purpose of paragraph (a) of the definition of
6
prescribed date for payment, by notice published in the
7
Gazette, direct that, in relation to levy payable in a particular
8
calendar year or financial year stated in the Gazette notice, a
9
reference in a notice of assessment to a date that is specified in
10
the Gazette notice is taken instead to be a reference to another
11
date (whether earlier or later) that is specified in the Gazette
12
notice;
13
(c) for the purpose of paragraph (b) of the definition of
14
prescribed date for payment, by notice published in the
15
Gazette, direct that, in relation to levy payable in a particular
16
calendar year or financial year stated in the Gazette notice, a
17
reference in that paragraph to a date that is specified in the
18
Gazette notice is taken instead to be a reference to another
19
date (whether earlier or later) that is specified in the Gazette
20
notice;
21
(d) by notice published in the Gazette:
22
(i) specify amounts of levy to which the Gazette notice
23
applies; and
24
(ii) direct that, for the purposes of this Act, an amount of
25
such a levy that, apart from the direction, would be
26
required to be paid by a particular date is taken to have
27
been paid by that date if the levy is paid by instalments
28
worked out in accordance with the Gazette notice on
29
such dates as are stated in the Gazette notice.
30
6 At the end of section 6
31
Add:
32
(3) A notice made under paragraph (1)(a) is not a legislative
33
instrument.
34
Amendment of Acts Schedule 1
Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill 2005
No. , 2005 7
(4) A notice made under paragraph (1)(b), (c) or (d) is a legislative
1
instrument.
2
7 Part 2 (heading)
3
Repeal the heading, substitute:
4
Part 2--Liability for levy and penalties
5
8 Before section 8
6
Insert:
7
Division 1--Liability for levy from 1 January 1994 to
8
30 June 2005
9
9 Subsection 8(1)
10
After "a later calendar year", insert "ending on or before 31 December
11
2003".
12
Note:
The heading to section 8 is altered by omitting "1994 and later years" and
13
substituting "any calendar year from 1994 to 2003".
14
10 Paragraph 9(1)(a)
15
After "a later calendar year", insert "ending on or before 31 December
16
2003".
17
Note 1: The heading to section 9 is altered by omitting "first 6 months of 1995 or of a later
18
year" and substituting "the first 6 months of any calendar year from 1995 to 2004".
19
Note 2: The following heading to subsection 9(1) is inserted "Disposals during the first 6
20
months of any calendar year from 1995 to 2003".
21
11 After subsection 9(1)
22
Insert:
23
Disposals during the first 6 months of 2004
24
(1A) If a chemical product was registered in any jurisdiction during the
25
whole or any part of the first 6 months of the calendar year
26
beginning on 1 January 2004 (whether or not the product was also
27
registered in that jurisdiction or any other jurisdiction during the
28
whole or any part of the last 6 months of that year), then, subject to
29
Schedule 1 Amendment of Acts
8 Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill
2005 No. , 2005
subsection (2), levy is payable in respect of leviable disposals of the
1
product that took place anywhere in Australia at any time during
2
those 6 months.
3
12 Subsections 9(2) and (4)
4
After "subsection (1)", insert "or (1A)".
5
Note 1: The following heading to subsection 9(2) is inserted "Total leviable value must be at
6
least $50,000".
7
Note 2: The following heading to subsection 9(3) is inserted "Who is liable to pay the levy".
8
13 After section 9
9
Insert:
10
10 Liability for levy in respect of disposals during the 2004-2005
11
financial year
12
(1) If a chemical product was registered in any jurisdiction during the
13
whole or any part of the financial year beginning on 1 July 2004,
14
then, subject to subsection (2), levy is payable in respect of leviable
15
disposals of the product that took place anywhere in Australia at
16
any time during that year.
17
(2) Levy is not payable under subsection (1) in respect of leviable
18
disposals of a particular chemical product during the year if the
19
total leviable value in respect of the product for that year is less
20
than $100,000.
21
(3) Subject to subsection (4), the interested person in relation to the
22
chemical product is liable to pay the levy.
23
(4) If the chemical product was registered as mentioned in
24
subsection (1) in more than one jurisdiction and different persons
25
are the interested persons in relation to the product in different
26
jurisdictions, those persons are jointly and severally liable to pay the
27
levy.
28
14 Subsection 12(1)
29
Omit "section 9", substitute "subsection 9(1)".
30
Note 1: The heading to section 11 is altered by omitting "1994 or a later year" and
31
substituting "any calendar year from 1994 to 2003".
32
Amendment of Acts Schedule 1
Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill 2005
No. , 2005 9
Note 2: The heading to section 12 is altered by omitting "1995 or of a later year" and
1
substituting "any calendar year from 1995 to 2004".
2
Note 3: The following heading to subsection 12(1) is inserted "Disposals during the first 6
3
months of any calendar year from 1995 to 2003".
4
15 Subsection 12(1) (definition of rate of levy)
5
Omit "this section", substitute "this subsection".
6
16 Subsection 12(2)
7
Omit "section 9", substitute "subsection 9(1)".
8
17 At the end of section 12
9
Add:
10
Disposals during the first 6 months of 2004
11
(3) Subject to subsection (4), the amount of the levy that is payable
12
under subsection 9(1A) in respect of leviable disposals of a
13
particular chemical product during the first 6 months of the calendar
14
year beginning on 1 January 2004 is the amount worked out using
15
the formula:
16
Total leviable value in respect of
0.65%
the product for those 6 months
17
(4) The total of the amounts of the levy that are payable under
18
subsection 9(1A) in respect of leviable disposals of a particular
19
chemical product during those 6 months is not to exceed $12,500.
20
18 After section 12
21
Insert:
22
12A Amount of levy imposed in respect of disposals during the
23
2004-2005 financial year
24
(1) Subject to subsection (2), the amount of the levy that is payable
25
under section 10 in respect of leviable disposals of a particular
26
chemical product during the financial year beginning on 1 July 2004
27
is the amount worked out using the formula:
28
Total leviable value in respect of
0.65%
the product for the financial year
29
Schedule 1 Amendment of Acts
10 Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill
2005 No. , 2005
(2) The total of the amounts of the levy that are payable under
1
section 10 in respect of leviable disposals of a particular chemical
2
product during that year is not to exceed $25,000.
3
Division 2--Liability for levy for financial years from
4
1 July 2005
5
12B Liability for levy in respect of disposals during the 2005-2006
6
and later financial years
7
(1) If a chemical product was registered in any jurisdiction during the
8
whole or any part of the financial year beginning on 1 July 2005 or
9
a later financial year, then levy is payable in respect of leviable
10
disposals of the product that took place anywhere in Australia at
11
any time during that year.
12
(2) Subject to subsection (3), the interested person in relation to the
13
chemical product is liable to pay the levy.
14
(3) If the chemical product was registered as mentioned in
15
subsection (1) in more than one jurisdiction and different persons
16
are the interested persons in relation to the product in different
17
jurisdictions, those persons are jointly and severally liable to pay the
18
levy.
19
12C Amount of levy imposed in respect of disposals during the
20
2005-2006 and later financial years
21
(1) The amount of the levy that is payable under section 12B in respect
22
of leviable disposals of a particular chemical product during a
23
financial year is the amount worked out using the formula:
24
Total leviable value in respect of
Rate of levy
the product for the financial year
25
where:
26
rate of levy means the percentage prescribed by the regulations for
27
the purposes of this section in respect of the financial year.
28
(2) The regulations may prescribe any of the following:
29
Amendment of Acts Schedule 1
Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill 2005
No. , 2005 11
(a) a rate of levy in respect of Part 2A chemical products that is
1
lower than the rate prescribed in respect of Part 2 chemical
2
products;
3
(b) different rates of levy for different volumes of leviable
4
disposals of chemical products that take place during a
5
financial year;
6
(c) different rates of levy for different volumes of leviable
7
disposals of Part 2A chemical products that take place during
8
a financial year, that are lower than the rates prescribed for
9
those volumes of leviable disposals of Part 2 chemical
10
products.
11
(3) In this section:
12
Part 2A chemical products means chemical products having listed
13
registration under Part 2A of the Agvet Code of a jurisdiction.
14
Part 2 chemical products means chemical products that are
15
registered under Part 2 of the Agvet Code of a jurisdiction.
16
Division 3--Other rules relating to the levy
17
19 Subsection 14(1)
18
Repeal the subsection, substitute:
19
(1) This section applies if either or both of the following:
20
(a) any levy payable by a person under this Part in respect of
21
leviable disposals of a particular chemical product during a
22
period;
23
(b) any understatement penalty payable in respect of the product
24
for the period;
25
is not wholly paid on or before the prescribed date for payment of
26
the levy, or the date stated under subsection 16(8A), as the case
27
requires.
28
(1A) The person immediately becomes liable to pay a late payment
29
penalty of:
30
(a) if the total amount of levy and understatement penalty that is
31
unpaid is not more than $10,000--$200; or
32
Schedule 1 Amendment of Acts
12 Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill
2005 No. , 2005
(b) if the total amount of levy and understatement penalty that is
1
unpaid is more than $10,000--$400.
2
20 Subsection 14(2)
3
Repeal the subsection, substitute:
4
(2) The APVMA may remit the whole or a part of an amount of late
5
payment penalty.
6
Note:
If any late payment penalty payable in respect of a chemical product
7
is not paid, the Agvet Codes provide that the APVMA may refuse to
8
renew the registration of the product.
9
21 At the end of Part 2
10
Add:
11
14A Understatement penalty
12
(1) This section applies if:
13
(a) a person mentioned in paragraph 20(1)(a) or (2)(a) (about
14
notices requiring information) gives to the APVMA under that
15
section information relating to the importation, manufacture
16
or disposal of a chemical product during a period; and
17
(b) the total leviable value (the understated value) in respect of
18
the product for the period worked out on the basis of that
19
information is less than the actual total leviable value in
20
respect of the product for the period.
21
(2) The person is liable to pay an understatement penalty in respect of
22
the product for the period of the higher of the following amounts:
23
(a) $100;
24
(b) 25% of the difference between the actual total leviable value
25
and the understated value.
26
(3) The APVMA may remit the whole or a part of an amount of
27
understatement penalty.
28
Note:
If any understatement penalty payable in respect of a chemical
29
product is not paid, the Agvet Codes provide that the APVMA may
30
refuse to renew the registration of the product.
31
22 Application of items 20 and 21
32
Amendment of Acts Schedule 1
Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill 2005
No. , 2005 13
(1)
The amendment made by item 20 applies to late payment penalties
1
imposed after the commencement of the item.
2
(2)
The amendment made by item 21 applies to notices given under
3
section 20 after the commencement of the item.
4
23 Subsection 16(6)
5
Omit "paragraph 6(a)", substitute "paragraph 6(1)(a)".
6
Note:
The following heading to subsection 16(1) is inserted "Assessment of levy".
7
24 After subsection 16(8)
8
Insert:
9
Assessment to include details of understatement penalty
10
(8A) If any understatement penalty is also payable in respect of the
11
product for the period concerned, the notice must state:
12
(a) the amount of understatement penalty payable; and
13
(b) the date by which the penalty is to be paid (which is to be the
14
same as the date stated under subsection (7)).
15
Note 1: The following heading to subsection 16(9) is inserted "Reconsideration and review of
16
assessments".
17
Note 2: The following heading to subsection 16(12) is inserted "Notice of assessment is
18
conclusive evidence of the due making of the assessment".
19
25 Section 17
20
Repeal the section, substitute:
21
17 Fresh assessments
22
(1) Subject to subsection (2), if the APVMA is satisfied that an
23
assessment was incorrect, the APVMA may make a fresh
24
assessment under section 16 in substitution for the incorrect
25
assessment, even though levy or understatement penalty may have
26
been paid in respect of the incorrect assessment.
27
(2) A fresh assessment may:
28
(a) if the incorrect assessment was based on false or misleading
29
information given to the APVMA or to an inspector--be made
30
at any time; or
31
Schedule 1 Amendment of Acts
14 Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill
2005 No. , 2005
(b) otherwise--be made only within 4 years from the date on
1
which levy became payable under the incorrect assessment.
2
26 Subsection 18(8)
3
Omit "paragraph 6(a)", substitute "paragraph 6(1)(a)".
4
27 Subsection 19(1)
5
After "late payment penalty", insert "or understatement penalty".
6
Note:
The heading to section 19 is altered by omitting "and late payment penalty" and
7
substituting ", late payment penalty and understatement penalty".
8
28 Subsection 19(1)
9
After "late payment penalty", insert "or understatement penalty".
10
Note 1: The heading to section 19 is altered by omitting "and late payment penalty" and
11
substituting ", late payment penalty and understatement penalty".
12
Note 2: This item only amends section 19 of the Agricultural and Veterinary Chemical
13
Products (Collection of Levy) Act 1994 if item 75 of Schedule 1 to the Financial
14
Framework Legislation Amendment Act 2005 repeals and replaces that section. (See
15
table item 3 in subsection 2(1) of this Act for the commencement of this item.)
16
29 Subsection 19(2)
17
Omit "or late payment penalty", substitute ", late payment penalty or
18
understatement penalty".
19
30 Subsection 19(2)
20
Omit "or late payment penalty", substitute ", late payment penalty or
21
understatement penalty".
22
Note:
This item only amends section 19 of the Agricultural and Veterinary Chemical
23
Products (Collection of Levy) Act 1994 if item 75 of Schedule 1 to the Financial
24
Framework Legislation Amendment Act 2005 repeals and replaces that section. (See
25
table item 5 in subsection 2(1) of this Act for the commencement of this item.)
26
31 Subsection 20(1)
27
Omit "section 8", substitute "Part 2 (other than section 9)".
28
32 Subsection 20(1)
29
After "a calendar year", insert "or a financial year".
30
33 Subsection 20(1)
31
Amendment of Acts Schedule 1
Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill 2005
No. , 2005 15
Omit "the calendar year" (wherever occurring), substitute "the year".
1
34 At the end of subsections 20(1) and (2)
2
Add:
3
Note:
A person might be liable for an understatement penalty if the total
4
leviable value worked out on the basis of information given under
5
this subsection is less than the actual total leviable value: see
6
section 14A.
7
35 Paragraph 33(a)
8
Repeal the paragraph.
9
36 Paragraph 33(b)
10
Omit "paragraph 6(a)", substitute "paragraph 6(1)(a)".
11
37 Paragraph 33(c)
12
Repeal the paragraph, substitute:
13
(c) a decision of the APVMA under subsection 14(2) or 14A(3)
14
remitting, or refusing to remit, the whole or part of an amount
15
of late payment penalty or understatement penalty; or
16
38 Section 34
17
Repeal the section, substitute:
18
34 Self-incrimination
19
(1) A person is not excused from giving information or producing a
20
document under this Act on the ground that the information or the
21
production of the document might tend to incriminate the person or
22
expose the person to a penalty.
23
(2) However, if the person is a natural person:
24
(a) the giving of the information or the production of the
25
document; and
26
(b) any information, document or thing obtained as a direct or
27
indirect consequence of the giving of the information or the
28
production of the document;
29
is not admissible in evidence against the person in a criminal
30
proceeding, or any other proceeding for the recovery of a penalty,
31
Schedule 1 Amendment of Acts
16 Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill
2005 No. , 2005
other than a proceeding under section 137.1 or 137.2 of the
1
Criminal Code (about false or misleading information or
2
documents) that relates to the giving of the information or the
3
production of the document.
4
39 After section 38
5
Insert:
6
38A Refund of overpayments
7
(1) The APVMA may credit an amount of levy, late payment penalty or
8
understatement penalty that has been overpaid by a person against a
9
liability of the person to pay another such amount under this Act.
10
(2) The APVMA must refund the amount to the person to the extent
11
that it is not credited.
12
38B Waiver of amounts
13
The APVMA may waive, up to a maximum of $100, the whole or a
14
part of the liability to pay an amount of levy, late payment penalty
15
or understatement penalty.
16
Note:
If the APVMA waives the whole or a part of the liability to pay an
17
amount, this is a permanent bar to recovering that amount.
18
38C Rounding of amounts
19
If the total amount of levy, late payment penalty and understatement
20
penalty payable by a person in respect of a chemical product for a
21
period is not exactly divisible by $2, the APVMA may round the
22
amount down to the nearest amount that is exactly divisible by $2.
23
40 Subsection 39(2)
24
Omit "or 12", substitute ", 12 or 12C".
25
Agricultural and Veterinary Chemicals (Administration) Act
26
1992
27
41 Paragraph 58(2)(aa)
28
Amendment of Acts Schedule 1
Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill 2005
No. , 2005 17
Omit "or late payment penalty", substitute ", late payment penalty or
1
understatement penalty".
2
42 Paragraph 58(2)(ab)
3
Repeal the paragraph.
4
Agricultural and Veterinary Chemicals Code Act 1994
5
43 Paragraph 11(1)(d) of the Schedule
6
Repeal the paragraph, substitute:
7
(d) be accompanied by:
8
(i) if only part of the prescribed fee is required to be paid at
9
the time of making the application--the amount required
10
to be paid; or
11
(ii) otherwise--the whole of the prescribed fee (if any); and
12
44 After subsection 164(1) of the Schedule
13
Insert:
14
(1A) The APVMA may make a legislative instrument setting out criteria
15
for working out which fee applies under the regulations in a
16
particular case.
17
45 Subsection 164(3) of the Schedule
18
Repeal the subsection.
19
46 Validation of past fees
20
A fee that was purported to have been paid under the regulations before
21
the commencement of item 45 of this Schedule is taken to have been as
22
valid as the fee would have been if the amendment made by that item had
23
been in force when the fee was paid.
24
47 After subsection 165(1) of the Schedule
25
Insert:
26
(1A) The APVMA may make a legislative instrument setting out criteria
27
for working out which period stated in, or determined in accordance
28
Schedule 1 Amendment of Acts
18 Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill
2005 No. , 2005
with, the regulations made for the purposes of subsection (1) applies
1
in a particular case.
2
Agricultural and Veterinary Chemicals Legislation
3
Amendment (Name Change) Act 2004
4
48 Subsection 2(1) (table)
5
Omit "item 94 of Schedule 1 to the Financial Framework Legislation
6
Amendment Act 2004" (wherever occurring), substitute "item 74 of
7
Schedule 1 to the Financial Framework Legislation Amendment Act
8
2005".
9
49 Subsection 2(1) (table)
10
Omit "item 95 of Schedule 1 to the Financial Framework Legislation
11
Amendment Act 2004" (wherever occurring), substitute "item 75 of
12
Schedule 1 to the Financial Framework Legislation Amendment Act
13
2005".
14
50 Item 483 of Schedule 1 (note)
15
Omit "item 95 of Schedule 1 to the Financial Framework Legislation
16
Amendment Act 2004", substitute "item 75 of Schedule 1 to the
17
Financial Framework Legislation Amendment Act 2005".
18
51 Item 484 of Schedule 1 (note)
19
Omit "item 95 of Schedule 1 to the Financial Framework Legislation
20
Amendment Act 2004", substitute "item 75 of Schedule 1 to the
21
Financial Framework Legislation Amendment Act 2005".
22
Note:
This item does not commence at all if item 484 of Schedule 1 to the Agricultural and
23
Veterinary Chemicals Legislation Amendment (Name Change) Act 2004 does not
24
commence. (See table item 9 in subsection 2(1) of this Act.)
25
52 Item 485 of Schedule 1 (note)
26
Omit "item 95 of Schedule 1 to the Financial Framework Legislation
27
Amendment Act 2004", substitute "item 75 of Schedule 1 to the
28
Financial Framework Legislation Amendment Act 2005".
29
53 Item 486 of Schedule 1 (note)
30
Amendment of Acts Schedule 1
Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill 2005
No. , 2005 19
Omit "item 95 of Schedule 1 to the Financial Framework Legislation
1
Amendment Act 2004", substitute "item 75 of Schedule 1 to the
2
Financial Framework Legislation Amendment Act 2005".
3
Note:
This item does not commence at all if item 486 of Schedule 1 to the Agricultural and
4
Veterinary Chemicals Legislation Amendment (Name Change) Act 2004 does not
5
commence. (See table item 11 in subsection 2(1) of this Act.)
6
Financial Framework Legislation Amendment Act 2005
7
54 Subsection 2(1) (table item 2)
8
Repeal the item, substitute:
9
10
2A. Schedule 1,
items 1 to 72
The day on which this Act receives the
Royal Assent.
2B. Schedule 1,
item 73
The day on which this Act receives the
Royal Assent.
However, if item 42 of Schedule 1 to the
Agricultural and Veterinary Chemicals
Legislation Amendment (Levy and Fees) Act
2005 commences on or before that day, the
provision(s) do not commence at all.
2C. Schedule 1,
item 74
The day on which this Act receives the
Royal Assent.
However, if item 1 of Schedule 2 to the
Agricultural and Veterinary Chemicals
Legislation Amendment (Levy and Fees) Act
2005 commences on or before that day, the
provision(s) do not commence at all.
2D. Schedule 1,
items 75 to 440
The day on which this Act receives the
Royal Assent.
Schedule 2 Repeal of Acts
20 Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill
2005 No. , 2005
1
Schedule 2--Repeal of Acts
2
3
Agricultural and Veterinary Chemical Products (Collection
4
of Interim Levy) Act 1994
5
1 The whole of the Act
6
Repeal the Act.
7
Agricultural and Veterinary Chemical Products Interim Levy
8
Imposition (Customs) Act 1994
9
2 The whole of the Act
10
Repeal the Act.
11
Agricultural and Veterinary Chemical Products Interim Levy
12
Imposition (Excise) Act 1994
13
3 The whole of the Act
14
Repeal the Act.
15
Agricultural and Veterinary Chemical Products Interim Levy
16
Imposition (General) Act 1994
17
4 The whole of the Act
18
Repeal the Act.
19