Primary Industries Levies and Charges Collection Amendment Regulations 2004 (No. 4)1

Statutory Rules 2004 No. 3562

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 Levies and Charges Collection Act 1991.

Dated 16 December 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

1 Name of Regulations

  These Regulations are the Primary Industries Levies and Charges Collection Amendment Regulations 2004 (No. 4).

2 Commencement

  These Regulations commence on 1 January 2005.

3 Amendment of Primary Industries Levies and Charges Collection Regulations 1991

  Schedule 1 amends the Primary Industries Levies and Charges Collection Regulations 1991.

Schedule 1 Amendments

(regulation 3)

 

[1] Schedule 5, clauses 6 and 7

substitute

6 When is charge due for payment

  For section 6 of the Collection Act, charge payable on the export of chargeable cattle for a month is due for payment on the last day on which the return for the month must be lodged under clause 8.

Note   For penalty for late payment, see section 15 of the Collection Act.

7 Who must lodge a return

  A producer, or an exporting agent, who exports chargeable cattle in a month must lodge a return for that month.

Note   For offences in relation to returns, see section 24 of the Collection Act.

[2] Schedule 5, clause 10

substitute

10 What records must be kept

 (1) A person who exports chargeable cattle must keep records showing, for each month:

 (a) if the person is an exporting agent, the following information relating to each person on whose behalf the exports were carried out:

 (i) full name and postal address;

 (ii) ABN, if any;

 (iii) if the person is a company and does not have an ABN — the persons ACN; and

 (b) for the cattle exported:

 (i) the total numbers of cattle; and

 (ii) the total live-weight, in kilograms, of cattle exported; and

 (iii) the rate of charge payable on the cattle; and

 (iv) the total amount of charge for the cattle; and

 (c) bills of lading or similar documents showing details of the chargeable cattle exported; and

 (d) the date when each consignment of cattle was entered for export; and

 (e) a copy of the return.

Penalty:   10 penalty units.

 (2) An offence under subclause (1) is an offence of strict liability.

Note   For offences in relation to how long records for subclause (1) must be kept, see regulation 12.

[3] Schedule 24, clauses 5 and 6

substitute

5 When is charge due for payment

  For section 6 of the Collection Act, charge payable on the export of chargeable live-stock for a month is due for payment on the last day on which the return for the month must be lodged under clause 7.

Note   For penalty for late payment, see section 15 of the Collection Act.

6 Who must lodge a return

  A producer, or an exporting agent, who exports chargeable live-stock in a month must lodge a return for that month.

Note   For offences in relation to returns, see section 24 of the Collection Act.

[4] Schedule 24, paragraphs 8 (2) (b), (c), (d) and (e)

omit

[5] Schedule 24, paragraphs 8 (3) (b), (c), (d) and (e)

omit

[6] Schedule 24, paragraphs 8 (4) (b), (c), (d) and (e)

omit

[7] Schedule 24, clause 9

substitute

9 What records must be kept

 (1) A person who exports chargeable live-stock must keep records showing, for each month:

 (a) if the person is an exporting agent, the following information relating to each person on whose behalf the exports were carried out:

 (i) full name and postal address;

 (ii) ABN, if any;

 (iii) if the person is a company and does not have an ABN — the persons ACN; and

 (b) for the live-stock exported:

 (i) the total numbers of each kind of live-stock; and

 (ii) the rate of charge payable on each kind of live-stock; and

 (iii) the total amount of charge for each kind of livestock; and

 (c) bills of lading or similar documents showing details of the chargeable live-stock exported; and

 (d) the date when each consignment of live-stock was entered for export; and

 (e) a copy of the return.

Penalty:   10 penalty units.

 (2) An offence under subclause (1) is an offence of strict liability.

Note   For offences in relation to how long records for subclause (1) must be kept, see regulation 12.

Notes

1. These Regulations amend Statutory Rules 1991 No. 196, as amended by 1991 No. 439; 1992 No. 228; 1997 No. 208; 1999 No. 303; 2000 Nos. 133, 238 (as amended by 2000 No. 264), 264, 321 and 346; 2001 Nos. 62, 110, 114, 153, 235 and 261; 2002 Nos. 60, 69, 108, 156, 193, 288, 291, 295 and 308; 2003 Nos. 12, 29, 137, 140, 143, 209, 217, 222, 226, 289, 305 and 334; 2004 Nos. 2, 105 and 163.

2. Notified in the Commonwealth of Australia Gazette on 23 December 2004.