Federal Register of Legislation - Australian Government

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Oilseeds Levy Amendment Act 1992

  • - C2004A04414
  • No longer in force
Act No. 123 of 1992 as made
An Act to amend the Oilseeds Levy Act 1977, to change the way the levy is calculated
Date of Assent 17 Oct 1992
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

OILSEEDS LEVY AMENDMENT ACT 1992 No. 123, 1992

OILSEEDS LEVY AMENDMENT ACT 1992 No. 123, 1992 - LONG TITLE

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

OILSEEDS LEVY AMENDMENT ACT 1992 No. 123, 1992 - SECT 1
Short title, etc.

(Assented to 17 October 1992)
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 1977. *1*

(Minister's second reading speech made in-
House of Representatives on 25 June 1992
Senate on 20 August 1992)
*1* No. 112, 1977, as amended. For previous amendments, see No. 16, 1990; and No. 26, 1991.

OILSEEDS LEVY AMENDMENT ACT 1992 No. 123, 1992 - SECT 2
Commencement

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

OILSEEDS LEVY AMENDMENT ACT 1992 No. 123, 1992 - SECT 3
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.".

OILSEEDS LEVY AMENDMENT ACT 1992 No. 123, 1992 - SECT 4
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 Section 6 of the Principal Act is repealed and the following section is substituted: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.".

OILSEEDS LEVY AMENDMENT ACT 1992 No. 123, 1992 - SECT 5

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 Section 8 of the Principal Act is repealed and the following section is substituted:

Exemption from levy
"8.(1) II, 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.".

OILSEEDS LEVY AMENDMENT ACT 1992 No. 123, 1992 - SECT 6
Regulations

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