Primary Industries (Customs) Charges Act 1999

In this Schedule:

cattle means bovine animals other than buffalo.

dairy cattle means bovine animals that are, or, if they were not exported from Australia, would be likely to be, held on licensed dairy premises for a purpose related to commercial milk production, including but without limiting the generality of the above, bulls, calves and replacement heifers.

licensed dairy premises means premises that, under the law of the State or Territory in which the premises are situated, are authorised for use as a dairy farm.

live‑stock export marketing body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

live‑stock export research body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

(1) Charge is imposed on the export of cattle (other than dairy cattle) from Australia after the commencement of this Schedule.

(2) The regulations may provide that no amount of charge is payable by exporters of cattle under this Schedule.

(3) Despite anything else in this Schedule, if a regulation of the kind referred to in subclause (2) is made, an amount of charge is not payable under this Schedule on the export of cattle from Australia in respect of any period while the regulation is in force.

(1) The rate of charge imposed by this Schedule on the export of cattle is the sum of the following amounts per kilogram of cattle so exported:

(a) the prescribed amount;

(b) the prescribed amount.

Note 1: Paragraph (1)(a) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the live‑stock export marketing body.

Note 2: Paragraph (1)(b) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the live‑stock export research body.

(2) For the purposes of calculating charge imposed by this Schedule, the weight of cattle exported is their liveweight described in the bill of lading, or similar document of title, facilitating the export of such cattle.

(3) Where the liveweight of cattle exported is not described in the bill of lading, or similar document of title, facilitating the export of the cattle, then, for the purposes of calculating charge imposed by this Schedule, the liveweight of the cattle is taken to be 480 kilograms per head.

Charge imposed by this Schedule on the export of cattle from Australia is payable by the exporter of the cattle.

(1) The Minister may, by notice in the Gazette, declare that the body specified in the declaration is the body whose recommendations about the amount to be prescribed for the purposes of paragraph 3(1)(a) or 3(1)(b) of this Schedule are to be taken into consideration under subclause (2).

(2) If a declaration is in force under subclause (1), then, before the Governor‑General makes regulations prescribing an amount for the purposes of the paragraph to which the declaration relates, the Minister must take into consideration any relevant recommendation made to the Minister by the body specified in the declaration in relation to that paragraph.

(3) If there is no declaration in force under subclause (1), then, before the Governor‑General makes regulations prescribing an amount for the purposes of paragraph 3(1)(a) or 3(1)(b) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by:

(a) in relation to regulations for the purposes of paragraph 3(1)(a) of this Schedule—the live‑stock export marketing body; and

(b) in relation to regulations for the purposes of paragraph 3(1)(b) of this Schedule—the live‑stock export research body.

(4) Before a body mentioned in subclause (3) makes such a recommendation to the Minister, the body must consult with the persons who are required to pay the charge concerned.

(5) The regulations must not, for the purposes of paragraph 3(1)(a) or 3(1)(b) of this Schedule, prescribe an amount greater than the amount recommended to the Minister for the purposes of that paragraph under subclause (2) or (3).

7 Transitional—declarations

(1) This clause applies to regulations if:

(a) the regulations were made for the purposes of a particular provision of the Cattle (Exporters) Export Charge Act 1997; and

(b) the regulations were in force immediately before the commencement of this clause.

(2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.

(1) This clause applies to a declaration if:

(a) the declaration was made for the purposes of a particular provision of the Cattle (Exporters) Export Charge Act 1997; and

(b) the declaration was in force immediately before the commencement of this clause.

(2) The declaration has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.

Schedule 3—Cattle (producers)

(1) In this Schedule:

bobby calf means a bovine animal (other than a buffalo):

(a) which, at the time when it is exported, had or has a liveweight that did not or does not exceed 80kg; or

(b) which has not had its liveweight determined at the time when it is exported but which, in the opinion of the intermediary, would, if slaughtered at that time, have constituted or constitute a carcase whose dressed weight would not have exceeded or would not exceed 40kg.

cattle means bovine animals other than buffalo.

chargeable bobby calf means a bobby calf to which subclause 3(3) does not apply.

industry marketing body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

industry research body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

licensed dairy premises means premises that, under the law of the State or Territory in which the premises are situated, are authorised for use as a dairy farm.

(2) A reference in this Schedule to the intermediary is a reference to the person required, under the Primary Industries Levies and Charges Collection Act 1991, to pay to the Commonwealth, on behalf of the producer, an amount equal to the amount of charge imposed by this Schedule.

(1) Charge is imposed on the export from Australia after the commencement of this Schedule of cattle (other than dairy cattle). However, charge is not imposed by this subclause on the export of cattle (other than dairy cattle) if levy under Schedule 3 to the Primary Industries (Excise) Levies Act 1999 or the repealed Cattle Transactions Levy Act 1997 has been paid, or is payable, in respect of an act or transaction relating to the cattle.

(2) Charge is imposed on the export from Australia after the commencement of this Schedule of cattle (other than dairy cattle) if:

(a) the cattle were purchased by the exporter, whether before or after the commencement of this Schedule; and

(b) the period starting on the date of the purchase and ending on the date of the export is longer than the longest of the following periods:

(i) 60 days;

(ii) the period for which the cattle are required under the Quarantine Act 1908 to be held in quarantine before being exported;

(iii) the period for which the cattle are required under the law of the country to which they are being exported to be held in quarantine before being exported.

3 Rate of charges

(1) The rate of each of the charges imposed by this Schedule on the export of each head of cattle (other than a chargeable bobby calf) is the sum of the following amounts:

(a) $2.16 or, if another amount is prescribed by the regulations, the other amount;

(b) 72 cents or, if another amount is prescribed by the regulations, the other amount;

(d) 13 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount.

Note 1: Paragraph (1)(a) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry marketing body.

Note 2: Paragraph (1)(b) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry research body.

Note 3: Paragraph (1)(c) identifies amounts that, under the National Cattle Disease Eradication Account Act 1991, are destined for the National Cattle Disease Eradication Account.

Note 4: Paragraph (1)(d) identifies amounts that, under the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996, are destined for the Australian Animal Health Council.

(2) The rate of each of the charges imposed by this Schedule on the export of each head of cattle that is a chargeable bobby calf is the sum of the following amounts:

(a) 48 cents or, if another amount is prescribed by the regulations, the other amount;

(b) 16 cents or, if another amount is prescribed by the regulations, the other amount;

(d) the prescribed amount (not exceeding 50 cents), if any.

Note 1: Paragraph (2)(a) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry marketing body.

Note 2: Paragraph (2)(b) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry research body.

Note 3: Paragraph (2)(c) identifies amounts that, under the National Cattle Disease Eradication Account Act 1991, are destined for the National Cattle Disease Eradication Account.

Note 4: Paragraph (2)(d) identifies amounts that, under the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996, are destined for the Australian Animal Health Council.

(3) For the purposes of subclause (1), a cow with a calf at foot are together taken to constitute a single head of cattle.

Charge imposed by this Schedule on the export of cattle from Australia is payable by the producer of the cattle.

(1) The Minister may, by notice in the Gazette, declare that the body specified in the declaration is the body whose recommendations about the amount to be prescribed for the purposes of paragraph 3(1)(a), 3(1)(b), 3(1)(d), 3(2)(a), 3(2)(b) or 3(2)(d) of this Schedule are to be taken into consideration under subclause (2).

(3) If there is no declaration in force under subclause (1), then, before the Governor‑General makes regulations prescribing an amount for the purposes of paragraph 3(1)(a), 3(1)(b), 3(2)(a) or 3(2)(b) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by:

(a) in relation to regulations for the purposes of paragraph 3(1)(a) or 3(2)(a) of this Schedule—the industry marketing body; and

(b) in relation to regulations for the purposes of paragraph 3(1)(b) or 3(2)(b) of this Schedule—the industry research body.

(4) Before a body mentioned in subclause (3) makes such a recommendation to the Minister, the body must consult with the persons who are required to pay the charge concerned.

(5) The regulations must not, for the purposes of paragraph 3(1)(a), 3(1)(b), 3(2)(a) or 3(2)(b) of this Schedule, prescribe an amount greater than the amount recommended to the Minister for the purposes of that paragraph under subclause (2) or (3).

7 Transitional—declarations

(1) This clause applies to regulations if:

(a) the regulations were made for the purposes of a particular provision of the Cattle (Producers) Export Charges Act 1997; and

(b) the regulations were in force immediately before the commencement of this clause.

(2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.

(1) This clause applies to a declaration if:

(a) the declaration was made for the purposes of a particular provision of the Cattle (Producers) Export Charges Act 1997; and

(b) the declaration was in force immediately before the commencement of this clause.

(2) The declaration has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.

Schedule 4—Dairy produce

2 Imposition of charge—re‑importation of exported dairy produce

(1) Words and expressions used in this Schedule have the same meanings as in Schedule 6 to the Primary Industries (Excise) Levies Act 1999.

Note: Clause 6 provides that charge imposed by this Schedule may be referred to either as a charge or a levy.

(2) For the purposes of this Schedule, a person is a prescribed exporter in relation to a financial year if:

(a) the person has an export milk fat component or an export protein component, or both, within the meaning of clause 8 of Schedule 6 to the Primary Industries (Excise) Levies Act 1999, for a month or months of the year; or

(b) during the year, the person has exported from Australia dairy produce and:

(i) relevant dairy produce used, whether by that person or by another person, in the manufacture of the exported dairy produce has been taken into account in the calculation of manufacturing milk levy; and

(ii) the export of the dairy produce has not been taken into account for the purposes of subclause 8(2) of Schedule 6 to the Primary Industries (Excise) Levies Act 1999 or of subsection 7(2) of the repealed Dairy Produce Levy (No. 1) Act 1986.

(3) For the purposes of this Schedule, an export from Australia of dairy produce constitutes a relevant export if:

(a) the export of the dairy produce has been taken into account for the purposes of subclause 8(2) of Schedule 6 to the Primary Industries (Excise) Levies Act 1999 or of subsection 7(2) of the repealed Dairy Produce Levy (No. 1) Act 1986; or

(b) both of the following conditions are satisfied:

(i) manufacturing milk levy was imposed on relevant dairy produce used, whether by the person who exported the dairy produce or by another person, in the manufacture of the exported dairy produce;

(4) For the purposes of this Schedule, the question whether a body corporate is related to another body corporate is to be determined in the same way as the question whether bodies corporate are related to each other is determined for the purposes of the Corporations Act 2001.

If:

(a) dairy produce is exported from Australia (whether before or after the commencement of this Schedule); and

(b) one of the following conditions is satisfied:

(i) an amount has been paid, or is payable, to a person by way of a market support payment under the Dairy Produce Act 1986 in respect of the dairy produce;

(ii) the export of the dairy produce has been taken into account for the purposes of subclause 8(2) of Schedule 6 to the Primary Industries (Excise) Levies Act 1999 or of subsection 7(2) of the repealed Dairy Produce Levy (No. 1) Act 1986;

(iii) a person has been paid, or is entitled to be paid, a manufacturing milk levy rebate under section 108E of the Dairy Produce Act 1986 in relation to the export of the dairy produce; and

(c) the dairy produce is subsequently imported into Australia, after the commencement of this Schedule, in the same form, or substantially the same form, as it was exported;

charge is imposed on the dairy produce.

3 Imposition of charge—import offset

(1) Charge is imposed on the total quantity of dairy produce imported into Australia during a financial year commencing on or after 1 July 1999:

(a) by a prescribed exporter; or

(b) if the prescribed exporter is a body corporate, by a body corporate (other than a prescribed exporter) that is related to the prescribed exporter.

(2) Charge is not imposed by this clause on dairy produce in relation to which charge has been paid, or is payable, under clause 2.

4 Rate of charges

Re‑importation of exported dairy produce

(1) The amount of the charge imposed on dairy produce by clause 2 is an amount equal to the total of:

(a) an amount calculated at the milk fat rate for the month in which the dairy produce is imported on the milk fat content of the dairy produce when imported; and

(b) an amount calculated at the protein rate for the month in which the dairy produce is imported on the protein content of the dairy produce when imported.

Import offset

(2) Subject to subclause (3), the amount of the charge imposed by clause 3 on dairy produce imported during a financial year is calculated as follows:

(a) in respect of each quantity of dairy produce imported:

(i) an amount is calculated at the milk fat rate for the month in which the dairy produce was imported on the milk fat content of the dairy produce when imported; and

(ii) an amount is calculated at the protein rate for the month in which the dairy produce was imported on the protein content of the dairy produce when imported;

(b) the amount of the charge is an amount equal to the total of the amounts calculated under paragraph (a) in respect of the dairy produce imported during the year.

(3) Subject to subclause (4), the maximum amount of the charge imposed by clause 3 on dairy produce imported by a prescribed exporter or, if the prescribed exporter is a body corporate, by a body corporate that is related to the prescribed exporter, during a financial year is an amount calculated as follows:

(a) in respect of each quantity of dairy produce the subject of a relevant export by the prescribed exporter during the financial year:

(i) an amount is calculated at the milk fat rate for the month in which the dairy produce was exported on the milk fat content of the dairy produce; and

(ii) an amount is calculated at the protein rate for the month in which the dairy produce was exported on the protein content of the dairy produce;

(b) the amounts calculated under paragraph (a) are added together;

(c) if charge has been paid, or is payable, by the prescribed exporter under clause 2 in respect of the importation, during the financial year, of any dairy produce and the amount so paid or payable is less than the amount arrived at under paragraph (b), the maximum amount is the amount equal to the difference between the amount arrived at under paragraph (b) and the amount of charge so paid or payable;

(d) if no deduction is made under paragraph (c), the total arrived at under paragraph (b) is the maximum amount.

(4) If:

(a) charge has been paid, or is payable, by the prescribed exporter under clause 2 in respect of the importation, during the financial year, of any dairy produce; and

(b) the amount so paid or payable equals or exceeds the amount arrived at under paragraph (3)(b);

charge is not imposed by clause 3 on the importation of dairy produce by the prescribed exporter or, if the prescribed exporter is a body corporate, by a body corporate that is related to the prescribed exporter, during the financial year.

(5) In this clause, a reference to the milk fat rate for a month or the protein rate for a month has the same meaning as in clause 8 of Schedule 6 to the Primary Industries (Excise) Levies Act 1999.

5 Who pays the charge

(1) Charge imposed on dairy produce by clause 2 is payable by the importer of the dairy produce.

(2) Charge imposed on dairy produce by clause 3 is payable by the prescribed exporter referred to in that clause.

6 Charge may be referred to as a levy

(1) Charge imposed by this Schedule may be referred to either as a charge or a levy.

(2) Subclause (1) has effect only for the purposes of the imposition of the charge.

Schedule 5—Deer

In this Schedule:

representative industry organisation means:

(a) the organisation known as the Deer Industry Association of Australia Limited; or

(b) such other organisation as is specified in the regulations.

Charge is imposed on live deer produced in Australia (whether before or after the commencement of this Schedule) that are exported from Australia after the commencement of this Schedule.

The rate of charge imposed by this Schedule on live deer is:

(a) the amount per head that is specified in the regulations; or

(b) if no amount is specified in the regulations, $10.00 per head.

Charge imposed by this Schedule on live deer is payable by the producer of the deer.

(1) Before the Governor‑General makes a regulation specifying an amount for the purposes of paragraph 3(a) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by a representative industry organisation.

(2) If there is no representative industry organisation, then, before the Governor‑General makes regulations specifying an amount for the purposes of paragraph 3(a) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the Rural Industries Research and Development Corporation established under section 9 of the Primary Industries Research and Development Act 1989.

(3) Before the Rural Industries Research and Development Corporation makes such a recommendation to the Minister, it must consult with the persons who are required to pay the charge.

(4) The regulations must not, for the purposes of paragraph 3(a) of this Schedule, specify an amount greater than the amount recommended to the Minister under subclause (1) or (2).

(1) This clause applies to regulations if:

(a) the regulations were made for the purposes of a particular provision of the Deer Export Charge Act 1992; and

(b) the regulations were in force immediately before the commencement of this clause.

(2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.

Schedule 6—Deer velvet

In this Schedule:

deer velvet means the developing antler of deer together with its cutaneous covering, harvested as living tissue.

designated organisation means:

(a) the Australian Deer Horn and Co Products Pty Ltd; or

(b) if another organisation is specified in the regulations—that other organisation.

representative industry organisation means:

(a) the organisation known as the Deer Industry Association of Australia Limited; or

(b) such other organisation as is specified in the regulations.

senior officer means:

(a) a person who holds or performs the duties of a Senior Executive Service office or position in the Department; or

(b) a person who holds or performs the duties of a DPIE Band 3 office or position, or an equivalent office or position, in the Department.

(1) Charge is imposed on deer velvet produced in Australia (whether before or after the commencement of this Schedule) that is exported from Australia after the commencement of this Schedule.

(2) Charge is not imposed by this Schedule on deer velvet on which levy has already been imposed by Schedule 8 to the Primary Industries (Excise) Levies Act 1999 or by the repealed Deer Velvet Levy Act 1992.

(1) The rate of charge imposed by this Schedule on deer velvet is:

(a) the percentage of the declared value of the deer velvet that is specified in the regulations; or

(b) if no percentage is specified in the regulations—5% of the declared value of the deer velvet.

Declared value

(2) For the purposes of subclause (1), the declared value of a quantity of deer velvet is the value of the velvet described in the bill of lading, or similar document of title, facilitating the export of the deer velvet.

(3) If the Secretary reasonably believes that the declared value of a quantity of deer velvet ascertained under subclause (2) is not fair and reasonable:

(a) subject to subclause (4), the Secretary may determine a value that, in the Secretary’s opinion, is a fair and reasonable value for the deer velvet; and

(b) the value so determined is the declared value of the deer velvet for the purposes of calculation of charge imposed by this Schedule.

Note: A determination by the Secretary of the declared value of deer velvet exported from Australia is reviewable under section 28 of the Primary Industries Levies and Charges Collection Act 1991.

(4) For the purposes of determining the value of deer velvet under paragraph (3)(a), the Secretary must have regard only to the following:

(a) the quantity of the deer velvet;

(b) the quality of the deer velvet;

(i) published by, or by authority of, the designated organisation; and

(ii) applicable at the time the deer velvet is exported;

(d) the matters (if any) specified in the regulations.

Delegation

(6) The Secretary may, by writing, delegate the power to determine the declared value of deer velvet to a senior officer.

Charge imposed by this Schedule on deer velvet is payable by the producer of the deer velvet.

(1) Before the Governor‑General makes a regulation specifying a percentage for the purposes of paragraph 3(1)(a) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by a representative industry organisation.

(2) If there is no representative industry organisation, then, before the Governor‑General makes regulations specifying a percentage for the purposes of paragraph 3(a) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the Rural Industries Research and Development Corporation established under section 9 of the Primary Industries Research and Development Act 1989.

(3) Before the Rural Industries Research and Development Corporation makes such a recommendation to the Minister, it must consult with the persons who are required to pay the charge.

(4) The regulations must not, for the purposes of paragraph 3(a) of this Schedule, specify a percentage greater than the percentage recommended to the Minister under subclause (1) or (2).

7 Transitional—delegation

(1) This clause applies to regulations if:

(a) the regulations were made for the purposes of a particular provision of the Deer Velvet Export Charge Act 1992; and

(b) the regulations were in force immediately before the commencement of this clause.

(2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.

(1) This clause applies to a delegation if:

(a) the delegation was made for the purposes of a particular provision of the Deer Velvet Export Charge Act 1992; and

(b) the delegation was in force immediately before the commencement of this clause.

(2) The delegation has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.

Schedule 7—Forest industries (export)

In this Schedule:

industry body means a body for which both of the following conditions are met:

(a) members of the body are exporters of logs;

(b) the body is prescribed by the regulations for the purposes of this paragraph.

logs means logs that:

(a) are intended for export; and

(b) have not undergone any form of processing other than:

(i) debarking; or

(ii) any other process prescribed by regulations made for the purposes of paragraph (b) of the definition of logs in clause 1 of Schedule 10 to the Primary Industries (Excise) Levies Act 1999.

mill has the same meaning as in Schedule 10 to the Primary Industries (Excise) Levies Act 1999.

(1) Charge is imposed on logs produced in Australia (whether before or after the commencement of this Schedule) and exported from Australia after the commencement of this Schedule.

(2) Charge is not imposed by this Schedule on logs if:

(a) levy under Schedule 10 to the Primary Industries (Excise) Levies Act 1999 or the repealed Forest Industries Research Levy Act 1993 has already been paid on the logs; or

(b) charge under this Schedule or the repealed Forest Industries Research Export Charge Act 1993 has already been paid on the logs.

(3) The regulations may exempt a specified class of logs from charge imposed by this Schedule.

(1) The rate of charge imposed by this Schedule is equal to the rate of levy (if any) that would have been imposed under Schedule 10 to the Primary Industries (Excise) Levies Act 1999 if the logs had been delivered to a mill in Australia.

(2) The regulations may provide that charge is not payable if the amount to be collected is less than an amount specified in the regulations.

Charge imposed by this Schedule on logs is payable by the exporter of the logs.

Before the Governor‑General makes regulations for the purposes of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by an industry body.

Schedule 8—Forest industries (import)

(1) This clause applies to regulations if:

(a) the regulations were made for the purposes of a particular provision of the Forest Industries Research Export Charge Act 1993; and

(b) the regulations were in force immediately before the commencement of this clause.

(2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.

In this Schedule:

forest products means:

(a) logs; or

(b) such other products as are described in Chapter 44 of Schedule 3 to the Customs Tariff Act 1995 and prescribed by the regulations.

industry body means a body for which both of the following conditions are met:

(a) members of the body are importers of forest products;

(b) the body is prescribed by the regulations for the purposes of this paragraph.

logs has the same meaning as in Schedule 10 to the Primary Industries (Excise) Levies Act 1999.

mill has the same meaning as in Schedule 10 to the Primary Industries (Excise) Levies Act 1999.

(1) Charge is imposed on forest products imported into Australia after the commencement of this Schedule.

(2) The regulations may exempt a specified class of forest products from charge imposed by this Schedule.

(1) The rate of charge imposed by this Schedule is:

(a) if the forest products are logs—the rate of levy (if any) that would have been payable under Schedule 10 to the Primary Industries (Excise) Levies Act 1999 if the logs had been produced in Australia and delivered to a mill in Australia; or

(b) otherwise—a rate worked out by multiplying:

(i) the rate of levy (if any) that would have been payable under Schedule 10 to the Primary Industries (Excise) Levies Act 1999 in respect of logs of the same class that were used to produce the forest products if the logs had been produced in Australia and delivered to a mill in Australia; and

(ii) the conversion factor determined by the Minister to apply to forest products of the class in question.

(2) The Minister may determine in writing, for a class of forest products, a conversion factor that, in the Minister’s opinion, reasonably approximates (but does not exceed) the average proportionality between:

(a) volumes of logs that are used, in accordance with normal wood processing practices in Australia, to produce such volumes of those forest products; and

(b) volumes of forest products in that class.

(3) Before making a determination, the Minister must take into consideration any relevant recommendation made to him or her by an industry body.

(4) Such determinations are legislative instruments.

(5) The regulations may provide that the charge imposed by this Schedule is not payable if the amount to be collected is less than an amount specified in the regulations.

Charge imposed by this Schedule on forest products is payable by the importer of the forest products.

Before the Governor‑General makes regulations for the purposes of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by an industry body.

7 Transitional—determinations

(1) This clause applies to regulations if:

(a) the regulations were made for the purposes of a particular provision of the Forest Industries Research Import Charge Act 1993; and

(b) the regulations were in force immediately before the commencement of this clause.

(2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.

(1) This clause applies to a determination if:

(a) the determination was made for the purposes of a particular provision of the Forest Industries Research Import Charge Act 1993; and

(b) the determination was in force immediately before the commencement of this clause.

(2) The determination has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.

Schedule 9—Honey

In this Schedule:

honey means honey that is produced in Australia.

industry services body means the industry services body declared under section 9 of the Horticulture Marketing and Research and Development Services Act 2000.

producers’ organisation means the organisation known as the Australian Honey Bee Industry Council, or, if another organisation is prescribed for the purposes of this definition, that other organisation.

R&D authority, in relation to a charge, means the R&D Corporation established under the Primary Industries Research and Development Act 1989 to which the charge is attached.

R&D Corporation has the same meaning as in the Primary Industries Research and Development Act 1989.

(1) Charge is imposed on honey that is exported from Australia after the commencement of this Schedule.

(2) Charge is not imposed by this Schedule on honey included in a class of honey declared by the regulations to be a class of honey that is exempt from charge.

(3) Charge is not imposed by this Schedule on honey on which levy imposed by clause 2 of Schedule 14 to the Primary Industries (Excise) Levies Act 1999 or by the repealed Honey Levy Act (No. 1) 1962 has been paid or is payable.

(4) If, in any month, a person exports honey on which charge is imposed by this Schedule but the weight of the total quantity of such honey exported by the person in that month does not exceed 50 kilograms, charge is not payable under this Schedule in respect of honey exported by the person in that month.

The rate of charge imposed by this Schedule on honey is:

(a) a charge at the rate of 0.75 cent per kilogram; or

(b) if another rate is prescribed for the purposes of this clause, that other rate.

Charge imposed by this Schedule on honey exported from Australia is payable by the producer of the honey.

(1) Before the Governor‑General makes regulations for the purposes of subclause 2(2), the Minister must take into consideration any relevant recommendation made to the Minister by the producers’ organisation.

(2) The producers’ organisation must not make a recommendation to the Minister under subclause (1) unless it has consulted the industry services body in relation to the recommendation.

(3) Before the Governor‑General makes regulations for the purposes of clause 3, the Minister must take into consideration any relevant recommendation made to the Minister by the R&D authority or by the producers’ organisation.

(4) The R&D authority must not make a recommendation under subclause (3) unless it has consulted the persons who are required to pay the charge concerned.

(5) The regulations must not, for the purposes of clause 3, prescribe a rate of charge greater than the rate recommended to the Minister by the R&D authority or by the producers’ organisation.

Schedule 10—Horticultural products

(1) This clause applies to regulations if:

(a) the regulations were made for the purposes of a particular provision of the Honey Export Charge Act 1973; and

(b) the regulations were in force immediately before the commencement of this clause.

(2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.

In this Schedule:

chargeable horticultural products means horticultural products prescribed for the purposes of this definition.

cut flowers and foliage includes processed cut flowers and foliage.

fruits includes processed fruits.

horticultural products means:

(a) fruits; and

(b) vegetables; and

(d) nursery products; and

(e) cut flowers and foliage; and

(f) products prescribed for the purposes of this paragraph.

industry services body means the industry services body declared under section 9 of the Horticulture Marketing and Research and Development Services Act 2000.

nursery products includes trees, shrubs, plants, seeds, bulbs, corms, tubers, propagating material and plant tissue cultures, grown for ornamental purposes or for producing fruits, vegetables, nuts or cut flowers and foliage.

nuts includes processed nuts.

vegetables includes:

(a) mushrooms and other edible fungi; and

(b) processed vegetables (including mushrooms and other edible fungi).

(1) Charge is imposed on chargeable horticultural products produced in Australia (whether before or after the commencement of this Schedule) that are exported from Australia after the commencement of this Schedule.

(2) Charge is not imposed on chargeable horticultural products if the producer has paid levy imposed by Schedule 15 to the Primary Industries (Excise) Levies Act 1999, or by the repealed Horticultural Levy Act 1987, on those horticultural products.

(3) The regulations may exempt from charge imposed by this Schedule:

(a) chargeable horticultural products exported by a specified class of persons; or

(b) specified subclasses of a class of chargeable horticultural products.

3 Rates of charge

(1) The rate of charge imposed by this Schedule on a chargeable horticultural product is the sum of the rates prescribed for the purposes of subclauses (3), (5) and (6) that are applicable to the class of chargeable horticultural products in which the product is included.

Marketing component

(3) The regulations may fix a rate of charge for the purposes of this subclause in relation to a class of chargeable horticultural products.

Research and development component

(5) The regulations may fix a rate of charge for the purposes of this subclause in relation to a class of chargeable horticultural products.

Rates of charge destined for other purposes

(6) The regulations may fix a rate of charge for the purposes of this subclause in relation to a class of chargeable horticultural products.

Flexibility in relation to rates of charge

(7) Without limiting subclauses (3), (5) and (6):

(a) different rates may, for the purposes of those subclauses or any one of them, be prescribed for different classes of chargeable horticultural products; and

(b) different rates may be prescribed in relation to a class of chargeable horticultural products for the purposes of each of those subclauses; and

(c) a rate may be prescribed in relation to a class of chargeable horticultural products for the purposes of one or more of those subclauses, and not for the purposes of the other subclauses or subclause.

(8) Subclause (7) does not, by implication, limit the application of subsection 33(3A) of the Acts Interpretation Act 1901.

Charge imposed by this Schedule on chargeable horticultural products is payable by the producer of the products.

(1) Without limiting the manner in which classes of chargeable horticultural products may be described in the regulations, the regulations may describe such classes by reference to:

(a) the use for which the products are exported or sold for export; or

(b) the state, form or condition of the products, whether by reference to a process or otherwise.

(2) Before the Governor‑General makes regulations for the purposes of subclause 2(3), the Minister must take into consideration any relevant recommendation made to the Minister by the industry services body.

(3) Before the Governor‑General makes regulations for the purposes of subclause 3(3), the Minister must take into consideration any relevant recommendation made to the Minister by the industry services body.

(5) Before the Governor‑General makes regulations for the purposes of subclause 3(5), the Minister must take into consideration any relevant recommendation made to the Minister by the industry services body.

(6) Before making a recommendation to the Minister for the purposes of subclause (2) or (3), the industry services body must consult with the body that, under the regulations, is the eligible industry body for:

(a) the relevant chargeable horticultural products; or

(b) the relevant class or subclass of chargeable horticultural products;

as the case requires.

(7) Before making a recommendation to the Minister for the purposes of subclause (2) or (5), the industry services body must consult with the body that, under the regulations, is the eligible industry body for:

(a) the relevant chargeable horticultural products; or

(b) the relevant class or subclass of chargeable horticultural products;

as the case requires.

(8) A recommendation referred to in subclause (6) or (7) must be accompanied by a written statement of the views of the body consulted in relation to the making of the recommendation.

(9) The body that, under the regulations, is the eligible industry body for:

(a) chargeable horticultural products; or

(b) a class or subclass of chargeable horticultural products;

may make recommendations to the Minister in relation to regulations to be made for the purposes of subclause 3(6) in relation to those products or products included in that class or subclass, as the case may be.

(10) Before the Governor‑General makes regulations for the purposes of subclause 3(6), the Minister must take into consideration any relevant recommendation made to the Minister under subclause (9).

(11) The regulations must not, for the purposes of subclause 3(3) or 3(5) fix a rate of charge greater than the rate recommended to the Minister by the industry services body.

Schedule 11—Live‑stock (exporters)

(1) This clause applies to regulations if:

(a) the regulations were made for the purposes of a particular provision of the Horticultural Export Charge Act 1987; and

(b) the regulations were in force immediately before the commencement of this clause.

(2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.

In this Schedule:

lamb means a sheep that has not cut a permanent incisor tooth.

live‑stock means sheep, lambs and goats.

live‑stock export marketing body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

live‑stock export research body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

sheep does not include lambs.

8 Transitional—regulations

(1) Charge is imposed on the export of live‑stock from Australia after the commencement of this Schedule.

(2) Charge is not imposed by this Schedule on the export of live‑stock that is included in a class of live‑stock that is, by notice in the Gazette, declared:

(a) by the Minister; or

(b) by a person authorised by the Minister, in writing, for the purposes of this clause;

to be a class of live‑stock that is exempt from charge.

(3) The regulations may provide that no amount of charge is payable by exporters of live‑stock under this Schedule.

(4) Despite anything else in this Schedule, if a regulation of the kind referred to in subclause (3) is made, an amount of charge is not payable under this Schedule on the export of live‑stock from Australia in respect of any period while the regulation is in force.

3 Rate of charge—sheep

The rate of charge imposed by this Schedule on the export of each head of sheep is the sum of the following amounts:

(a) the prescribed amount;

(b) the prescribed amount.

Note 1: Paragraph (a) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the live‑stock export marketing body.

Note 2: Paragraph (b) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the live‑stock export research body.

4 Rate of charge—lambs

The rate of charge imposed by this Schedule on the export of each head of lambs is the sum of the following amounts:

(a) the prescribed amount;

(b) the prescribed amount.

Note 1: Paragraph (a) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the live‑stock export marketing body.

Note 2: Paragraph (b) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the live‑stock export research body.

5 Rate of charge—goats

The rate of charge imposed by this Schedule on the export of each head of goats is the sum of the following amounts:

(a) the prescribed amount;

(b) the prescribed amount.

Note 1: Paragraph (a) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the live‑stock export marketing body.

Note 2: Paragraph (b) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the live‑stock export research body.

6 Who pays the charge

Charge imposed by this Schedule on the export of live‑stock from Australia is payable by the exporter of the live‑stock.

7 Regulations

(1) The Minister may, by notice in the Gazette, declare a body to be the body whose recommendations about the amount to be prescribed for the purposes of paragraph 3(a), 3(b), 4(a), 4(b), 5(a) or 5(b) of this Schedule are to be taken into consideration under subclause (2).

(3) If there is no declaration in force under subclause (1), then, before the Governor‑General makes regulations prescribing an amount for the purposes of paragraph 3(a), 3(b), 4(a), 4(b), 5(a) or 5(b) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by:

(a) in relation to regulations for the purposes of paragraph 3(a), 4(a) or 5(a) of this Schedule—the live‑stock export marketing body; and

(b) in relation to regulations for the purposes of paragraph 3(b), 4(b) or 5(b) of this Schedule—the live‑stock export research body.

(4) Before a body mentioned in subclause (3) makes such a recommendation to the Minister, the body must consult with the persons who are required to pay the charge concerned.

(5) The regulations must not, for the purposes of paragraph 3(a), 3(b), 4(a), 4(b), 5(a) or 5(b) of this Schedule, prescribe an amount greater than the amount recommended to the Minister for the purposes of that paragraph under subclause (2) or (3).

(1) This clause applies to regulations if:

(a) the regulations were made for the purposes of a particular provision of the Live‑stock (Exporters) Export Charge Act 1997; and

(b) the regulations were in force immediately before the commencement of this clause.

(2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.

9 Transitional—declarations

(1) This clause applies to a declaration if:

(a) the declaration was made for the purposes of a particular provision of the Live‑stock (Exporters) Export Charge Act 1997; and

(b) the declaration was in force immediately before the commencement of this clause.

(2) The declaration has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.

10 Transitional—authorisations

(1) This clause applies to an authorisation if:

(a) the authorisation was made for the purposes of a particular provision of the Live‑stock (Exporters) Export Charge Act 1997; and

(b) the authorisation was in force immediately before the commencement of this clause.

(2) The authorisation has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.

Schedule 12—Live‑stock (producers)

In this Schedule:

industry marketing body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

industry research body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.

lamb means a sheep that has not cut a permanent incisor tooth.

live‑stock means sheep, lambs and goats.

sheep does not include lambs.

8 Transitional—regulations

(1) Charge is imposed on the export of live‑stock from Australia after the commencement of this Schedule.

(2) Charge is not imposed by subclause (1) on the export of live‑stock if levy under Schedule 18 to the Primary Industries (Excise) Levies Act 1999, or under the repealed Live‑stock Transactions Levy Act 1997, has been paid, or is payable, in respect of an act or transaction relating to the live‑stock.

(3) Charge is imposed on the export of live‑stock from Australia after the commencement of this Schedule if:

(a) the live‑stock were purchased by the exporter, whether before or after the commencement of this Schedule; and

(b) the period starting on the date of the purchase and ending on the date of the export is longer than the longest of the following periods:

(i) 30 days;

(ii) the period for which the live‑stock are required under the Quarantine Act 1908 to be held in quarantine before being exported;

(iii) the period for which the live‑stock are required under the law of the country to which they are being exported to be held in quarantine before being exported.

3 Rate of charges—sheep

The rate of each of the charges imposed by this Schedule on the export of each head of sheep is the sum of the following amounts:

(a) the prescribed amount;

(b) the prescribed amount;

Note 1: Paragraph (a) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry marketing body.

Note 2: Paragraph (b) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry research body.

Note 3: Paragraph (c) identifies amounts that, under the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996, are destined for the Australian Animal Health Council.

4 Rate of charges—lambs

The rate of each of the charges imposed by this Schedule on the export of each head of lambs is the sum of the following amounts:

(a) the prescribed amount;

(b) the prescribed amount;

Note 1: Paragraph (a) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry marketing body.

Note 2: Paragraph (b) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry research body.

Note 3: Paragraph (c) identifies amounts that, under the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996, are destined for the Australian Animal Health Council.

5 Rate of charges—goats

The rate of each of the charges imposed by this Schedule on the export of each head of goats is the sum of the following amounts:

(a) the prescribed amount;

(b) the prescribed amount;

Note 1: Paragraph (a) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry marketing body.

Note 2: Paragraph (b) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry research body.

Note 3: Paragraph (c) identifies amounts that, under the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996, are destined for the Australian Animal Health Council.

6 Who pays the charge

Charge imposed by this Schedule on the export of live‑stock from Australia is payable by the producer of the live‑stock.

7 Regulations

(1) The Minister may, by notice in the Gazette, declare a body to be the body whose recommendations about the amount to be prescribed for the purposes of paragraph 3(a), 3(b), 3(c), 4(a), 4(b), 4(c), 5(a), 5(b) or 5(c) of this Schedule are to be taken into consideration under subclause (2).

(a) in relation to regulations for the purposes of paragraph 3(a), 4(a) or 5(a) of this Schedule—the industry marketing body; and

(b) in relation to regulations for the purposes of paragraph 3(b), 4(b) or 5(b) of this Schedule—the industry research body.

(4) Before a body mentioned in subclause (3) makes such a recommendation to the Minister, the body must consult with the persons who are required to pay the charge concerned.

(1) This clause applies to regulations if:

(a) the regulations were made for the purposes of a particular provision of the Live‑stock (Producers) Export Charges Act 1997; and

(b) the regulations were in force immediately before the commencement of this clause.

(2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.

9 Transitional—declarations

(1) This clause applies to a declaration if:

(a) the declaration was made for the purposes of a particular provision of the Live‑stock (Producers) Export Charges Act 1997; and

(b) the declaration was in force immediately before the commencement of this clause.

(2) The declaration has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.

Schedule 13—Wine

1 Definition

In this Schedule:

wine means an alcoholic beverage produced by the complete or partial fermentation of fresh grapes or products derived solely from fresh grapes, or both.

(1) Charge is imposed on wine produced in Australia (whether before or after the commencement of this clause) that is exported from Australia after the commencement of this Schedule.

(2) The regulations may exempt from charge imposed by this Schedule:

(a) wine exported by a specified class of persons; or

(b) specified classes of wine.

The rate of charge imposed by this Schedule in relation to wine is the amount worked out in accordance with the regulations.

Charge imposed by this Schedule on wine is payable by the producer of the wine.

(1) The Minister may, by notice in the Gazette, declare a body to be the body whose recommendations about the amount to be prescribed for the purposes of clause 3 of this Schedule are to be taken into consideration under subclause (2).

(2) If a declaration is in force under subclause (1), then, before the Governor‑General makes regulations for the purposes of clause 3 of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the body specified in the declaration.

(3) If there is no declaration in force under subclause (1), then, before the Governor‑General makes regulations for the purposes of clause 3 of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the Australian Grape and Wine Authority established under the Australian Grape and Wine Authority Act 2013.

(4) Before the Australian Grape and Wine Authority makes such a recommendation to the Minister, the Authority must consult with the persons who are required to pay the charge concerned.

(5) The regulations must not, for the purposes of clause 3 of this Schedule, prescribe an amount greater than the amount recommended to the Minister under subclause (2) or (3).

Schedule 14—Regulations may impose primary industries charges

(1) This clause applies to regulations if:

(a) the regulations were made for the purposes of a particular provision of the Wine Export Charge Act 1997; and

(b) the regulations were in force immediately before the commencement of this clause.

(2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.

Part 1—Definitions

Part 2—Regulations may impose charges on primary industry products

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

(d) anything wholly or principally produced from, or wholly or principally derived from, an animal.

charge means a charge imposed by regulations made for the purposes of Part 2 of this Schedule.

designated body, in relation to a particular product, has the meaning given by clause 12.

forest operations includes the production, growing or raising of forest products.

horticultural product 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.

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

(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;

(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).