Commonwealth Consolidated Acts

PRIMARY INDUSTRIES (CUSTOMS) CHARGES ACT 1999 - SCHEDULE 5

1   Definitions

    In this Schedule:

"representative industry organisation" means:

  (a)   the organisation known as the Deer Industry Association of Australia Limited; or

  (b)   such other organisation as is specified in the regulations.

2   Imposition of charge

    Charge is imposed on live deer produced in Australia (whether before or after the commencement of this Schedule) that are exported from Australia after the commencement of this Schedule.

3   Rate of charge

    The rate of charge imposed by this Schedule on live deer is:

  (a)   the amount per head that is specified in the regulations; or

  (b)   if no amount is specified in the regulations, $10.00 per head.

4   Who pays the charge

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

5   Regulations

  (1)   Before the Governor - General makes a regulation specifying an amount for the purposes of paragraph   3(a) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by a representative industry organisation.

  (2)   If there is no representative industry organisation, then, before the Governor - General makes regulations specifying an amount for the purposes of paragraph   3(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 established under section   9 of the Primary Industries Research and Development Act 1989 .

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

  (4)   The regulations must not, for the purposes of paragraph   3(a) of this Schedule, specify an amount greater than the amount recommended to the Minister under subclause   ( 1) or (2).

6   Transitional--regulations

  (1)   This clause applies to regulations if:

  (a)   the regulations were made for the purposes of a particular provision of the Deer Export Charge Act 1992 ; 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.