Primary Industries (Customs) Charges Amendment Regulations 2002 (No. 5)1

Statutory Rules 2002 No. 2892

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Primary Industries (Customs) Charges Act 1999.

Dated 27 November 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

JUDITH TROETH

Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

1 Name of Regulations

  These Regulations are the Primary Industries (Customs) Charges Amendment Regulations 2002 (No. 5).

2 Commencement

  These Regulations commence on 1 January 2003.

3 Amendment of Primary Industries (Customs) Charges Regulations 2000

  Schedule 1 amends the Primary Industries (Customs) Charges Regulations 2000.

Schedule 1 Amendments

(regulation 3)

[1] Schedule 10, clause 10.1, at the foot

insert

Note   Macadamia nut is defined in clause 10.2 of Schedule 22 to the Collection Regulations.

[2] Schedule 10, clause 10.2, except the notes

substitute

10.2 What macadamia nuts are exempt from charge

  For paragraph 2 (3) (a) of Schedule 10 to the Customs Charges Act, the following macadamia nuts are exempt from charge in a levy year:

 (a) the macadamia nuts exported by a person if the total amount of charge and levy on macadamia nuts that the person would be liable to pay in the levy year is less than $120;

 (b) for a producer who grew and dealt with, in the 2000 levy year, an aggregate consigned mass of macadamia nuts that was more than 1 668 tonnes — the excess of macadamia nuts over 1 668 tonnes.

[3] Schedule 10, clauses 10.3 and 10.4

substitute

10.3 Rate of charge

  The rate of charge imposed by Schedule 10 to the Customs Charges Act is the sum of the rate prescribed for the marketing component and the rate prescribed for the research and development component and is:

 (a) for macadamia nuts in shell — 7.8 cents per kilogram of consigned mass;

Note   Consigned mass and in shell are defined for macadamia nuts in clause 10.2 of Schedule 22 to the Collection Regulations.

 (b) for dried kernels of macadamia nut — 24.58 cents per kilogram.

Note 1   Dried kernel is defined for macadamia nuts in clause 10.2 of Schedule 27 to the Collection Regulations

Note 2   The rate for dried kernel is determined by the formula:

Rate for dried kernel = 7.8 cents / (MCR x TKRR); where the moisture conversion rate (MCR) = .93264 and the total kernel recovery rate (TKRR) = .3403.

The moisture conversion rate is the fraction:

and the total kernel recovery rate is the average industry recovery rate for  three seasons, both rates as determined by the Australian Macadamia Society Limited.

10.4 Rate of charge — components

 (1) For subclause 3 (3) of Schedule 10 to the Customs Charges Act, the rate of charge prescribed (as the marketing component of the charge) is 70.5% of the amount payable under clause 10.3.

 (2) For subclause 3 (5) of Schedule 10 to the Customs Charges Act, the rate of charge prescribed (as the research and development component of the charge) is 29.5% of the amount payable under clause 10.3.

Note   For the rate of NRS customs levy on macadamia nuts, see regulation 154 of the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998. NRS customs levy is imposed under Schedule 4 to the National Residue Survey (Customs) Levy Act 1998.

1. These Regulations amend Statutory Rules 2000 No. 131, as amended by 2000 Nos. 236 and 344; 2001 Nos. 5, 94, 108, 112, 216 and 233; 2002 Nos. 106, 154, 191 and 286.

2. Notified in the Commonwealth of Australia Gazette on 4 December 2002.