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Primary Industries (Excise) Levies Amendment Regulations 2007 (No. 11)

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Primary Industries (Excise) Levies Amendment Regulations 2007 (No. 11)1
Select Legislative Instrument 2007 No. 285
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 Primary Industries (Excise) Levies Act 1999.
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 (Excise) Levies Amendment Regulations 2007 (No. 11).
2              Commencement
                These Regulations commence on 1 November 2007.
3              Amendment of Primary Industries (Excise) Levies Regulations 1999
                Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999.
Schedule 1        Amendments
(regulation 3)
  
[1]           Schedule 10, after clause 3
insert
4              Prescribed industry bodies
                For paragraph (b) of the definition of industry body in clause 1 of Schedule 10 to the Excise Levies Act, the following industry bodies are prescribed:
                (a)    Australian Forest Growers (ABN 39 000 694 904);
               (b)    Australian Plantation Products & Paper Industry Council Ltd (ABN 40 005 904 898);
                (c)    National Association of Forest Industries Limited (ABN 40 008 621 510).
[2]           Schedule 27, after Part 7
insert
Part 8          Forest growers
8.1           Definitions
                In this Part:
logs has the same meaning as in Schedule 10 to the Excise Levies Act.
mill has the same meaning as in Schedule 10 to the Excise Levies Act.
operator of a mill has the same meaning as in Schedule 10 to the Excise Levies Act.
8.2           Imposition of levy
         (1)   Levy is imposed on logs that are produced in Australia after the commencement of this Part.
         (2)   Levy is not imposed by this Part on logs if:
                (a)    the logs are for use by the producer of the logs for domestic purposes; or
               (b)    the products and by‑products from processing the logs are for use by the operator of a mill for domestic purposes; or
                (c)    the logs were produced from trees that were grown on a farm operated by the operator of a mill and the products and by‑products from processing the logs are for use on that farm; or
               (d)    the logs are processed for the purpose of producing fuel wood; or
                (e)    the logs:
                          (i)    were produced either as a result of landscaping or to remove trees that are a safety hazard; and
                         (ii)    are processed at the site at which they were produced; or
                (f)    levy under this Part has already been paid on the logs.
         (3)   Also, levy is not imposed by this Part on logs if:
                (a)    the logs:
                          (i)    are processed at a mobile mill that is not permanently sited; and
                         (ii)    are processed for the purposes of producing timber products that are not chip or pulp; and
               (b)    the levy imposed under this Part on the logs would result in an annual levy for the processor of the logs of $100 or less.
8.3           Rate of levy
                The rate of levy imposed by this Part on a log is 5 cents per cubic metre of the log.
8.4           Who pays the levy
                Levy imposed by this Part on logs is payable by the producer of the logs.
Note 1   The producer, for the purposes of levy imposed under this Part, is taken to be the person prescribed in the Collection Regulations: see subsection 4 (2B) of the Collection Act.
Note 2   Under clause 9.4 of Part 9 of Schedule 37 to the Collection Regulations, the producer of logs is the person who owns the logs immediately after the trees from which the logs are produced are felled.
Note
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.