Commonwealth Consolidated Acts Commonwealth Consolidated Acts
In this Schedule:
"animal" means any member, alive or dead, of the animal kingdom (other than a human being).
"animal product" means:
(a) an animal; or
(b) any part of an animal; or
(c) anything produced by an animal; or
(d) anything wholly or principally produced from, or wholly or principally derived from, an animal.
"designated body" , in relation to a particular product, has the meaning given by clause 13.
"forest operations" includes the production, growing or raising of forest products.
"horticultural products" has the same meaning as in the Horticulture Marketing and Research and Development Services Act 2000 .
"horticulture" means the production, growing or raising of horticultural products.
"levy" means a levy imposed by regulations made for the purposes of Part 2 of this Schedule.
"plant" means any member, alive or dead, of the plant kingdom, and includes fungi.
"plant product" means:
(a) a plant; or
(b) any part of a plant; or
(c) anything produced by a plant; or
(d) anything wholly or principally produced from, or wholly or principally derived from, a plant.
"produce of a primary industry" means products that result from any of the following (whether or not any operations have been performed in relation to the products):
(a) agriculture or the cultivation of land;
(b) the maintenance of animals for commercial purposes;
(c) forest operations;
(d) fishing;
(e) hunting or trapping;
(f) horticulture;
(g) any other primary industry activity.
"product" means an animal product or a plant product (whether or not any operations have been performed in relation to the animal product or plant product).
Part 2 -- Regulations may impose levies on primary industry products
(1) The regulations may impose a levy on one or more specified products in circumstances ascertained in accordance with the regulations.
Note: Products may be specified by name, by inclusion in a specified class, or in any other way.
(2) The products must be produce of a primary industry.
3 Imposition of 2 or more levies
This Part does not prevent the imposition of 2 or more levies, whether on the same products or on different products.
4 This Part does not authorise imposition of National Residue Survey Levy
This Part does not authorise the imposition of a levy named National Residue Survey Levy.
This Part does not prevent the imposition of a levy on a particular product in particular circumstances if another Schedule to this Act applies to the product, whether in those circumstances or in any other circumstances.
The rate of a levy is ascertained in accordance with the regulations.
(1) The rate of a levy may be expressed to be equal to the sum of such components as are prescribed.
(2) Subclause (1) does not, by implication, limit the generality of clause 6.
8 Flexibility in relation to rates of levy
(1) Different rates of the same levy may be prescribed for different kinds of products.
(2) Subclause (1) does not, by implication, limit the generality of any other provision of this Part.
(3) Subclause (1) does not, by implication, limit the application of subsection 33(3A) of the Acts Interpretation Act 1901 .
9 Maximum rate of levy for animal products
(1) The total rate of levy, or total rates of levies, that may be imposed on an animal product must not exceed whichever is the greatest of the following:
(a) $5 per unit of the animal product;
(b) 35 cents per kilogram of the animal product;
(c) 7% of the value of the animal product.
(2) Subclause (1) applies to animal products, whether or not any operations have been performed in relation to the products.
10 Maximum rate of levy for plant products
(1) The total rate of levy, or total rates of levies, that may be imposed on a plant product must not exceed whichever is the greater of the following:
(a) $5 per unit of the plant product;
(b) 5% of the value of the plant product.
(2) Subclause (1) applies to plant products, whether or not any operations have been performed in relation to the products.
A levy is payable by the person ascertained in accordance with the regulations.
The regulations may provide for exemptions from a levy.
(1) The Minister may, by writing, declare that, for the purposes of this Part, a specified body is to be a designated body in relation to one or more specified products.
Note: Products may be specified by name, by inclusion in a specified class, or in any other way.
(2) The declaration has effect accordingly.
(3) A declaration under this clause comes into force at a time specified in the declaration. The specified time must not be later than the 28th day after the day on which the declaration was made.
(4) A declaration under this clause is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
(1) This clause applies to regulations made for the purposes of this Schedule.
(2) If there is a single body that is a designated body in relation to a particular product, then, before the Governor-General makes a regulation in relation to the product, the Minister must take into consideration any relevant recommendation made to the Minister by the body.
(3) If there are 2 or more bodies that are designated bodies in relation to a particular product, then, before the Governor-General makes a regulation in relation to the product (other than a regulation that has the effect of reducing the rate of a levy), the Minister must take into consideration any relevant recommendations made to the Minister by those bodies, so long as:
(a) each body that is a designated body in relation to the product has made a relevant recommendation to the Minister; and
(b) all of the relevant recommendations are the same.
(4) Before making a recommendation under this clause, a designated body must consult such other bodies (if any) as are specified in the regulations.