Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 15)1
Statutory Rules 2003 No. 3042
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Primary Industries (Excise) Levies Act 1999.
Dated 4 December 2003
P. M. JEFFERY
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 (Excise) Levies Amendment Regulations 2003 (No. 15).
2	Commencement
		These Regulations commence on 1 January 2004.
3	Amendment of Primary Industries (Excise) Levies Regulations 1999
		Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999.

Schedule 1	Amendment
(regulation 3)
  
[1]	Schedule 15, after Part 21
insert
Part 22	Papaya
22.1	Definition for Part 22
fresh papaya means unprocessed papaya.
Note   Fruit conditioning, cleaning, sorting, grading and packing of papaya are not processes for the definition of process in the Collection Act — see clause 22.4 of Schedule 22 to the Collection Regulations.
22.2	Papayas are leviable horticultural products
		For the definition of leviable horticultural products in clause 1 of Schedule 15 to the Excise Levies Act, papayas are leviable horticultural products.
22.3	What papayas are exempt from levy
		For paragraph 2 (4) (a) of Schedule 15 to the Excise Levies Act, papayas are exempt from levy if:
	(a)	the papayas are sold by the producer by retail sale; and
	(b)	the total amount of levy that the producer would be liable to pay in the levy year on papayas sold by retail sale would be less than $50.
Note 1   Retail sale, for papaya, is defined in clause 22.2 of Schedule 22 to the Collection Regulations.
Note 2   Subclause 2 (3) of Schedule 15 to the Excise Levies Act provides that levy is not imposed by that Schedule on leviable horticultural products that are exported from Australia.
22.4	Rate of levy — marketing component
		For subclause 4 (1) of Schedule 15 to the Excise Levies Act, the rate of levy is 1 cent per kilogram of fresh papaya.
22.5	Rate of levy — research and development component
		For subclause 4 (3) of Schedule 15 to the Excise Levies Act, the rate of levy is:
	(a)	1 cent per kilogram of fresh papaya; and
	(b)	0.25 of a cent per kilogram of papaya used or sold by a producer for processing.
22.6	What is the eligible industry body for papaya
		For subclauses 6 (7), (8) and (10) of Schedule 15 to the Excise Levies Act, the eligible industry body for papaya is the Australian Papaya Industry Association Ltd (ACN 104 031 807).

Notes
1.	These Regulations amend Statutory Rules 1999 No. 302, as amended by 2000 Nos. 132, 176, 237 (as amended by 2000 No. 265), 265, 320 and 345; 2001 Nos. 6, 61, 95, 109, 113, 152, 217, 234, 258 and 260; 2002 Nos. 3, 55, 68, 107, 155, 192, 274, 287, 290, 294, 307 and 324; 2003 Nos. 3, 11, 14, 28, 80, 113, 136, 139, 142, 145, 216, 221, 225 and 288.
2.	Notified in the Commonwealth of Australia Gazette on 11 December 2003.