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PRIMARY INDUSTRIES (CUSTOMS) CHARGES ACT 1999 - SCHEDULE 13

Wine

 

 

1   Definition

    In this Schedule:

"wine" means an alcoholic beverage produced by the complete or partial fermentation of fresh grapes or products derived solely from fresh grapes, or both.

2   Imposition of charge

  (1)   Charge is imposed on wine produced in Australia (whether before or after the commencement of this clause) that is exported from Australia after the commencement of this Schedule.

  (2)   The regulations may exempt from charge imposed by this Schedule:

  (a)   wine exported by a specified class of persons; or

  (b)   specified classes of wine.

3   Rate of charge

    The rate of charge imposed by this Schedule in relation to wine is the amount worked out in accordance with the regulations.

4   Who pays the charge

    Charge imposed by this Schedule on wine is payable by the producer of the wine.

5   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 clause   3 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 clause   3 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 clause   3 of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by Wine Australia continued in existence under the Wine Australia Act 2013 .

  (4)   Before Wine Australia makes such a recommendation to the Minister, Wine Australia must consult with the persons who are required to pay the charge concerned.

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

6   Transitional--regulations

  (1)   This clause applies to regulations if:

  (a)   the regulations were made for the purposes of a particular provision of the Wine 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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