Grain Legumes Levy Amendment Act 1992

No. 124 of 1992

An Act to amend the Grain Legumes Levy Act 1985, 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 Grain Legumes Levy Amendment Act 1992.

(2) In this Act, "Principal Act" means the Grain Legumes Levy Act 19851.

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 "leviable 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 Section 7 of the Principal Act is repealed and the following section is substituted:

"7.(1) The rate of levy is:

(a) 1% of the value of the leviable grain legumes; or

(b) if a different rate is prescribed under section 10—that different rate.

"(2) The prescribed rate must not be more than 3% of the value of the leviable grain legumes.".

5. Section 9 of the Principal Act is repealed and the following section is substituted:

Exemption from levy

"9.(1) If, in a levy year:

(a) leviable grain legumes are delivered to a particular person by producers of grain legumes; and

(b) apart from this section, the amount of levy in respect of the grain legumes would be less than the leviable amount;

levy is not imposed on the grain legumes.

"(2) If:

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

(b) the producer uses the grain legumes, 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 grain legumes.

"(3) If, in a levy year:

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

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

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

levy is not imposed on the grain legumes.".

Regulations

6. Section 10 of the Principal Act is amended by omitting from paragraph (2)(a) "weight" and substituting "amount".

NOTE

1. No. 106, 1985, as amended. For previous amendments, see No. 158, 1989; and No. 26, 1991.

[Minister's second reading speech made in—

House of Representatives on 25 June 1992

Senate on 20 August 1992]