1 Name of Regulations
These Regulations are the Primary Industries Levies and Charges Collection Amendment Regulations 2007 (No. 3).
2 Commencement
These Regulations commence on the day after they are registered.
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 22, after clause 18.8
insert
18.8A Application for alternative payment method — large producers
(1) A producer that has reasonable grounds for believing that the producer will produce or purchase 250 000 kg or more of mushroom spawn in a levy year may apply for approval to pay levy in accordance with the method set out in clause 18.8C.
(2) An application must be sent to the Secretary’s postal address and include:
(a) the producer’s personal details; and
(b) a statement to the effect that the producer expects to produce or purchase 250 000 kg or more of mushroom spawn in the levy year.
18.8B Grant or refusal of application
(1) The Secretary must, within 14 days after receiving an application under clause 18.8A:
(a) decide whether to grant the approval; and
(b) give the applicant written notice of the decision.
(2) When deciding whether to grant an approval, the Secretary must have regard to:
(a) the amount of levy paid by the producer on mushroom spawn in the year preceding the levy year; and
(b) any information that is available to the Secretary about the amount of mushroom spawn that the producer is likely to produce or purchase in the levy year to which the application relates.
18.8C Alternative payment method
(1) This clause applies to a producer if the Secretary grants an application by a producer under clause 18.8B for a levy year.
(2) If at the end of a month in the levy year, the total number of kilograms of mushroom spawn that has been produced or purchased by the producer in the levy year exceeds the expected fraction for the month, the amount of levy payable by the producer for that month is $45 000.
(3) For subclause (2), the expected fraction for a month is:
[2] Schedule 22, after clause 18.16
insert
18.17 Review of decision
A producer may apply to the Administrative Appeals Tribunal for review of a decision of the Secretary refusing, under paragraph 18.8B (1) (a), to grant an approval.
