Primary Industries (Excise) Levies Amendment Regulations 2009 (No. 2)1
Select Legislative Instrument 2009 No. 75
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Primary Industries (Excise) Levies Act 1999.
Dated 14 May 2009
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
TONY BURKE
Minister for Agriculture, Fisheries and Forestry
1              Name of Regulations
                These Regulations are the Primary Industries (Excise) Levies Amendment Regulations 2009 (No. 2).
2              Commencement
                These Regulations commence on 1 July 2009.
3              Amendment of Primary Industries (Excise) Levies Regulations 1999
                Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999.
Schedule 1        Amendment
(regulation 3)
 
[1]           Schedule 15, after Part 27
insert
Part 28        Pineapples
Division 28.1            Product levy
28.1        Pineapples are leviable horticultural products
                For the definition of leviable horticultural products in clause 1 of Schedule 15 to the Excise Levies Act, pineapples are leviable horticultural products.
28.2        Pineapples that are exempt from levy
                For paragraph 2 (4) (b) of Schedule 15 to the Excise Levies Act, pineapples sold by a producer by retail sale in a levy year are exempt from levy if the total quantity of fresh pineapples sold by the producer by retail sale in the levy year is not more than 30 tonnes.
Note   Retail sale, for pineapples, is defined in clause 28.2 of Part 28 of Schedule 22 to the Collection Regulations.  `
28.3        Rate of levy — marketing component
                For subclause 4 (1) of Schedule 15 to the Excise Levies Act, the rate of levy is $2 per tonne of fresh pineapples.
28.4        Rate of levy — research and development component
                For subclause 4 (3) of Schedule 15 to the Excise Levies Act, the rate of levy is:
                (a)    $2.90 per tonne of fresh pineapples; and
               (b)    $1.90 per tonne of processing pineapples.
Note   Fresh pineapples and processing pineapples are defined in clause 28.2 of Part 28 of Schedule 22 to the Collection Regulations.
28.5        What is the eligible industry body for pineapples
                For subclauses 6 (7), (8) and (10) of Schedule 15 to the Excise Levies Act, the eligible industry body for pineapples is Growcom Australia (ABN 51 090 816 827).
Division 28.2            Special purpose levies
28.6        PHA levy
         (1)   For clause 2 of Schedule 27 to the Excise Levies Act, PHA levy is imposed on pineapples on which levy is imposed by Schedule 15 to the Excise Levies Act.
         (2)   For clause 6 of Schedule 27 to the Excise Levies Act, the rate of PHA levy is:
                (a)    10 cents per tonne of fresh pineapples; and
               (b)    10 cents per tonne of processing pineapples.
         (3)   For clause 11 of Schedule 27 to the Excise Levies Act, PHA levy on pineapples is payable by the producer of the pineapples.
Note   In relation to PHA levy, see Plant Health Australia (Plant Industries) Funding Act 2002.
28.7        EPPR levy
         (1)   For clause 2 of Schedule 27 to the Excise Levies Act, EPPR levy is imposed on pineapples on which levy is imposed by Schedule 15 to the Excise Levies Act.
         (2)   For clause 6 of Schedule 27 to the Excise Levies Act, the rate of EPPR levy on pineapples is nil.
         (3)   For clause 11 of Schedule 27 to the Excise Levies Act, EPPR levy on pineapples is payable by the producer of the pineapples.
Note 1   In relation to EPPR levy, see Plant Health Australia (Plant Industries) Funding Act 2002.
Note 2   Fresh pineapples, pineapples, processing pineapples and other expressions used in this clause are defined in clause 28.2 of Part 28 of Schedule 22 to the Collection Regulations.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.