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PRIMARY INDUSTRIES (CUSTOMS) CHARGES ACT 1999 - SCHEDULE 1

Buffaloes

 

 

1   Imposition of charge

  (1)   Charge is imposed on buffaloes exported from Australia after the commencement of this Schedule.

  (2)   The regulations may provide that no amount of charge is payable by producers of buffaloes under this Schedule.

  (3)   Despite anything else in this Schedule, if a regulation of the kind referred to in subclause   ( 2) is made, an amount of charge is not payable under this Schedule on the export of buffaloes in respect of any period while the regulation is in force.

2   Rate of charge

    The rate of charge imposed by this Schedule on the export of each head of buffalo is the sum of the following amounts:

  (a)   $4.60 or, if another amount is prescribed by the regulations, the other amount;

  (b)   73 cents or, if another amount (not exceeding $4.00) is prescribed by the regulations, the other amount.

Note 1:   Paragraph   ( a) identifies amounts that, under the Primary Industries Research and Development Act 1989 , are destined for the Rural Industries Research and Development Corporation .

Note 2:   Paragraph   ( b) identifies amounts that, under the National Cattle Disease Eradication Account Act 1991 , are destined for the National Cattle Disease Eradication Account .

3   Who pays the charge

    Charge imposed by this Schedule on buffaloes exported from Australia is payable by the producer of the buffaloes.

3A   Regulations

  (1)   The Minister may, by notice in the Gazette , declare a body to be the body whose recommendations about the amount to be prescribed for the purposes of paragraph   2(a) of this Schedule are to be taken into consideration under subclause   ( 2).

  (2)   If a declaration is in force under subclause   ( 1), then, before the Governor - General makes regulations for the purposes of paragraph   2(a) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the body specified in the declaration.

  (3)   If there is no declaration in force under subclause   ( 1), then, before the Governor - General makes regulations for the purposes of paragraph   2(a) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the Rural Industries Research and Development Corporation.

  (4)   Before the Rural Industries Research and Development Corporation makes such a recommendation to the Minister, the Corporation must consult with the persons who are required to pay the charge concerned.

  (5)   The regulations must not, for the purposes of paragraph   2(a) of this Schedule, prescribe an amount greater than the amount recommended to the Minister under subclause   ( 2) or (3).

4   Transitional--regulations

  (1)   This clause applies to regulations if:

  (a)   the regulations were made for the purposes of a particular provision of the Buffalo Export Charge Act 1997 ; and

  (b)   the regulations were in force immediately before the commencement of this clause.

  (2)   The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.



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