In this Schedule:
"growers' organisation" means the organisation known as Grain Producers Australia or such other organisation as is prescribed for the purposes of this definition.
"leviable seed" means seed of a plant of a species specified in the table in subclause 5(1).
Levy is imposed on leviable seed:
(a) harvested in Australia (whether before or after the commencement of this Schedule); and
(b) certified under a certification scheme after the commencement of this Schedule.
The rate of levy imposed by this Schedule in respect of any leviable seed of a plant species is the amount per tonne specified in the column headed Rate of levy in the table in subclause 5(1).
Levy imposed by this Schedule on leviable seed is payable by the producer of the seed.
(1) The following table sets out specified species for the purposes of the definition of leviable seed in clause 1:
Kind of plant and rate of levy | |||
Item | Species | Common name | Rate of levy |
1 | Medicago littoralis | Strand medic | $10.00/tonne
|
2 | Medicago murex | Murex medic | $10.00/tonne |
3 | Medicago polymorpha | Burr medic | $10.00/tonne
|
4 | Medicago rugosa | Gama medic | $10.00/tonne
|
5 | Medicago sativa | Lucerne | $15.00/tonne
|
6 | Medicago scutellata | Snail medic | $10.00/tonne
|
7 | Medicago sphaerocarpos | Sphere medic | $10.00/tonne |
8 | Medicago tornata | Disc medic | $10.00/tonne
|
9 | Medicago truncatula | Barrel medic | $10.00/tonne
|
10 | Ornithopus compressus | Yellow serradella | $10.00/tonne
|
11 | Trifolium alexandrium | Berseem clover | $15.00/tonne
|
12 | Trifolium balansae | Balansa clover | $15.00/tonne |
13 | Trifolium fragiferum | Strawberry clover | $15.00/tonne
|
14 | Trifolium hirtum | Rose clover | $15.00/tonne
|
15 | Trifolium pratense | Red clover | $15.00/tonne
|
16 | Trifolium repens | White clover | $15.00/tonne
|
17 | Trifolium resupinatum | Persian clover | $15.00/tonne
|
18 | Trifolium semipilosum | Kenya white clover | $15.00/tonne |
19 | Trifolium subterraneum | Subterranean clover | $11.00/tonne
|
20 | Trifolium vesiculosum | Arrow leaf clover | $15.00/tonne |
(2) The Minister may, by legislative instrument, declare that the table is to be taken to be amended in a manner specified in the instrument, and that declaration has effect accordingly.
(3) Before making an instrument under subclause (2), the Minister must take into consideration any relevant recommendation made to the Minister by the growers' organisation.
(3A) If there is no growers' organisation, then, before the Minister makes an instrument under subclause (2), 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 .
(3B) 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 levy concerned.
(4) The table in subclause (1) is not to be varied so that it sets out a rate of levy that is greater than the rate recommended to the Minister under subclause (3) or (3A).
(1) This clause applies to an instrument (other than Pasture Seed Levy Declaration No. 1 of 1998 ) if:
(a) the instrument was made for the purposes of a particular provision of the Pasture Seed Levy Act 1989 ; and
(b) the instrument was in force immediately before the commencement of this clause.
(2) The instrument has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.