Federal Register of Legislation - Australian Government

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SR 1991 No. 269 Regulations as made
Principal Regulations.
Tabling HistoryDate
Tabled HR05-Sep-1991
Tabled Senate09-Sep-1991
Gazetted 30 Aug 1991
Date of repeal 01 Jul 2001
Repealed by Primary Industries Levies, Charges and Collection Repeal Regulations 2001

 

 

 

 

 

 

 

Statutory  Rules  1991   No. 2691

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Primary Industries Levies and Charges Collection (Cotton) Regulations

 

 

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Primary Industries Levies and Charges Collection Act 1991.

 

          Dated 23 August 1991.

 

                                                                                         BILL HAYDEN

                                                                                        Governor-General

          By His Excellency’s Command,

 

 

SIMON CREAN

Minister of State for Primary Industries

and Energy

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Citation

                1.  These Regulations may be cited as the Primary Industries Levies and Charges Collection (Cotton) Regulations.

 

 

 

 


 

Incorporation

                2.  The Primary Industries Levies and Charges Collection Regulations are incorporated and must be read as one with these Regulations.

 

 

Interpretation

                3.  In these Regulations, unless the contrary intention appears:

“leviable cotton” has the same meaning as in the Levy Act;

“levy” means levy imposed under the Levy Act;

“Levy Act” means the Cotton Levy Act 1982;

“return” means a return under regulation 7.

 

 

Who is a processor?

                4.  Leviable cotton is declared to be a collection product for the purposes of paragraph (a) of the definition of “processor” in subsection 4 (1) of the Collection Act.

 

 

When is levy due for payment?

                5.  For the purposes of section 6 of the Collection Act, levy on leviable cotton is due for payment on the last day for lodging a return for the cotton.

 

[NOTE: For penalty, see section 15 of the Collection Act.]

 

 

Intermediaries—liability

                6.  Leviable cotton is declared to be a product to which paragraph 7 (2) (a) of the Collection Act applies.

 

 

Who must lodge a return?

                7.  (1)  The following persons must lodge a return:

               (a)  the processor of leviable cotton;

               (b)  an intermediary who is, or may be, liable to pay an amount in relation to leviable cotton.

 

[NOTE:  For penalty, see section 24 of the Collection Act.]

 

 

 

When must a return be lodged?

                8.  A return must be lodged within 28 days after the end of the month in which leviable cotton is produced.

 

 

What must be put in a return?

                9.  A return must contain:

               (a)  the full name and business address or residential address of the person lodging the return, not being the address of a post office box or bag;

               (b)  the full name and address of the processor’s business, not being the address of a post office box or post office bag;

               (c)  if a person referred to in paragraph (a) has a post office box address or post office bag address—that address;

              (d)  the month to which the return relates;

               (e)  the quantity of leviable cotton produced in the month;

               (f)  the total amount of levy payable for the leviable cotton;

               (g)  a declaration, signed by the person, that the information set out in the return is correct in every material particular.

 

 

Records to be kept

              10.  (1)   A processor must keep records showing, for each month, the quantity of leviable cotton produced.

 

     Penalty:  $1,000.

 

               (2)  The records must be retained by the processor for 5 years after the date on which the producer is required to lodge a return.

 

     Penalty:  $1,000.

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NOTE

 

1.      Notified in the Commonwealth of Australia Gazette on 30 August 1991.