Agricultural and Veterinary Chemical Products (Collection of Levy) Regulations 1995

Statutory Rules No.120, 1995 as amended

made under the

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

Compilation start date:   27 July 2013

Includes amendments up to: SLI 2013 No. 178

About this compilation

The compiled instrument

This is a compilation of the Agricultural and Veterinary Chemical Products (Collection of Levy) Regulations 1995 as amended and in force on 27 July 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 27 July 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

Contents

1 Name of Regulations

2 Interpretation

3 Registration of chemical products—prescribed laws

6A Rate of levy—section 12C of the Act

7 Form of search warrant

Schedule 1—Prescribed Laws

Schedule 2—Search warrant under subsection 24(2)

Commonwealth of Australia

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

Endnotes

Endnote 1—Legislation history

Endnote 2—Amendment history

Endnote 3—Uncommenced amendments [none]

Endnote 4—Misdescribed amendments [none]

1  Name of Regulations

  These Regulations are the Agricultural and Veterinary Chemical Products (Collection of Levy) Regulations 1995.

2  Interpretation

  In these Regulations, unless the contrary intention appears:

Act means the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994.

3  Registration of chemical products—prescribed laws

  For the purposes of paragraph (b) of the definition of registration law in subsection 3(1) of the Act, a law specified in column 3 of an item in Schedule 1, being a law of the jurisdiction specified in column 2 of that item, is a prescribed law of the jurisdiction.

6A  Rate of levy—section 12C of the Act

2006‑2007 financial year to 2011‑2012 financial year

 (2) For section 12C of the Act, the following rates are prescribed in respect of the 2006‑2007 financial year and each succeeding financial year up to and including the 2011‑2012 financial year:

 (a) the rate of 0.8% for the first $1 million of leviable disposals or part thereof;

 (b) the rate of 0.45% for any amount in excess of the first $1 million of leviable disposals up to and including $5 million;

 (c) the rate of 0.3% for any amount in excess of $5 million of leviable disposals.

2012‑2013 financial year and each succeeding financial year

 (3) For section 12C of the Act, the following rates are prescribed in respect of the 2012‑2013 financial year and each succeeding financial year:

 (a) for the part of leviable disposals not exceeding $1 000 000—0.70%;

 (b) for the part of leviable disposals exceeding $1 000 000 but not exceeding $5 000 000—0.40%;

 (c) for the part of leviable disposals exceeding $5 000 000—0.28%.

7  Form of search warrant

  For the purposes of subsection 24(2) of the Act (which deals with offence‑related warrants), the form of warrant in Schedule 2 is prescribed.

Schedule 1—Prescribed Laws

(regulation 3)

Schedule 2—Search warrant under subsection 24(2)

(regulation 7)

Commonwealth of Australia

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

SEARCH WARRANT UNDER SUBSECTION 24(2)

 TO (name and address of inspector), an inspector within the meaning of subsection 3(1) of the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 (the Act):

1.This warrant is issued on the basis that:

 (a) I am satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, at the premises described below, a particular thing that may be evidence of the commission of an offence against the Act; and

 (b) I have been given, either orally or by affidavit, the further information (if any) that I required about the grounds on which the issue of this warrant has been sought.

2.The nature of the offence in relation which this warrant is issued is (state the nature of the suspected offence).

3.The purpose for which this warrant is issued is set out in clause 4.

4.This warrant authorises you, with any help, and using any force, that is necessary and reasonable, * at any time of the day or night / * during the following hours of the day or night (specify the hours):

 (a) to enter the premises at (address); and

 (b) to exercise the powers set out in paragraphs 22(1)(c) and (d) of the Act in respect of the particular thing, namely (specify the particular thing).

Note: Paragraphs 22(1)(c) and (d) of the Act empower an inspector to:

 “(c) search the premises for the thing; and

   (d) if the thing is found—seize the thing.”

THIS WARRANT CEASES TO HAVE EFFECT ON (specify a date not later than 7 days after the day of issue of the warrant).

Issued by me, (full name and designation of magistrate).

On (date) .

(signature of magistrate)

* Omit whichever is inapplicable.

Endnotes

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Agricultural and Veterinary Chemical Products (Collection of Levy) Regulations 1995.

Endnote 2—Amendment history

This endnote sets out the amendment history of the Agricultural and Veterinary Chemical Products (Collection of Levy) Regulations 1995.

Endnote 3—Uncommenced amendments [none]

There are no uncommenced amendments.

Endnote 4—Misdescribed amendments [none]

There are no misdescribed amendments.