Oilseeds Levy Amendment Act 1992

No. 123 of 1992

An Act to amend the Oilseeds Levy Act 1977, to change the way the levy is calculated

[Assented to 17 October 1992]

The Parliament of Australia enacts:

Short title, etc.

1.(1) This Act may be cited as the Oilseeds Levy Amendment Act 1992.

(2) In this Act, “Principal Act” means the Oilseeds Levy Act 19771.

Commencement

2. This Act commences, or is taken to have commenced (as the case requires), on 1 October 1992.

Interpretation

3. Section 4 of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “exempt weight” and substituting the following definition:

“ ‘leviable amount’, in relation to a levy year, means:

(a) $50; or

(b) if, before the commencement of the levy year, another amount is prescribed in relation to that year, that prescribed amount;”;

(b) by adding at the end of subsection (1) the following definition:

“ ‘value’ means the value as worked out in accordance with the regulations.”.

Rate of levy

4. Section 6 of the Principal Act is repealed and the following section is substituted:

“6.(1) The rate of levy is:

(a) 1% of the value of the leviable oilseeds; or

(b) if a different rate is prescribed under section 9—that different rate.

“(2) The prescribed rate must not be more than 3% of the value of the leviable oilseeds.”.

5. Section 8 of the Principal Act is repealed and the following section is substituted:

Exemption from levy

“8.(1) If, in a levy year:

(a) leviable oilseeds are delivered to a particular person by producers of the oilseeds; and

(b) apart from this subsection, the amount of levy in respect of the oilseeds would be less than the leviable amount;

levy is not imposed on the oilseeds.

“(2) If:

(a) leviable oilseeds are processed by or for the producer of the oilseeds; and

(b) the producer uses the oilseeds, or all of the products and by-products of the processing, for domestic purposes or on the producer’s farm;

levy is not imposed on the oilseeds.

“(3) If, in a levy year:

(a) a producer processes leviable oilseeds that he or she has produced; and

(b) paragraph (2)(b) does not apply in respect of the oilseeds; and

(c) apart from this subsection, the amount of levy in respect of the oilseeds would be less than the leviable amount;

levy is not imposed on the oilseeds.”.

Regulations

6. Section 9 of the Principal Act is amended by omitting from paragraph (2)(a) “exempt weight” and substituting “leviable amount”.

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NOTE

1. No. 112, 1977, as amended. For previous amendments, see No. 16, 1990; and No. 26, 1991.

[Minister’s second reading speech made in—

House of Representatives on 25 June 1992

Senate on 20 August 1992]