Primary Industries (Customs) Charges Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 74
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 (Customs) Charges 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 (Customs) Charges Amendment Regulations 2009 (No. 1).
2              Commencement
                These Regulations commence on 1 July 2009.
3              Amendment of Primary Industries (Customs) Charges Regulations 2000
                Schedule 1 amends the Primary Industries (Customs) Charges Regulations 2000.
Schedule 1        Amendment
(regulation 3)
 
[1]           Schedule 10, after Part 26
insert
Part 27        Bananas
Note   Part 27 will deal with bananas. At present, there is no charge imposed on bananas.
Part 28        Pineapples
Division 28.1  Product charge
28.1        Pineapples are chargeable horticultural products
                For the definition of chargeable horticultural products in clause 1 of Schedule 10 to the Customs Charges Act, pineapples are chargeable horticultural products.
Note 1   Charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Excise Levies Act on those products: see subclause 2 (2) of Schedule 10 to the Customs Charges Act.
Note 2   Clause 28.2 is reserved for future use.
28.3        Rate of charge — marketing component
                For subclause 3 (3) of Schedule 10 to the Customs Charges Act, the rate of charge is $2 per tonne of pineapples.
28.4        Rate of charge — research and development component
                For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the rate of charge is $2.90 per tonne of pineapples.
Note   Pineapple is 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 5 (6), (7) and (9) of Schedule 10 to the Customs Charges Act, the eligible industry body for pineapples is Growcom Australia (ABN 51 090 816 827).
Division 28.2  Special purpose charges
28.6        PHA charge
         (1)   For clause 2 of Schedule 14 to the Customs Charges Act, PHA charge is imposed on pineapples on which charge is imposed by Schedule 10 to the Customs Charges Act.
         (2)   For clause 5 of Schedule 14 to the Customs Charges Act, the rate of PHA charge is 10 cents per tonne of pineapples.
         (3)   For clause 10 of Schedule 14 to the Customs Charges Act, PHA charge on pineapples is payable by the producer of the pineapples.
Note   In relation to PHA charge, see Plant Health Australia (Plant Industries) Funding Act 2002.
28.7        EPPR charge
         (1)   For clause 2 of Schedule 14 to the Customs Charges Act, EPPR charge is imposed on pineapples on which charge is imposed by Schedule 10 to the Customs Charges Act.
         (2)   For clause 5 of Schedule 14 to the Customs Charges Act, the rate of EPPR charge on pineapples is nil.
         (3)   For clause 10 of Schedule 14 to the Customs Charges Act, EPPR charge on pineapples is payable by the producer of the pineapples.
Note 1   In relation to EPPR charge, see Plant Health Australia (Plant Industries) Funding Act 2002.
Note 2   Pineapple 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.