Commonwealth Consolidated Acts Commonwealth Consolidated Acts
In this Schedule:
"leviable rice" means rice of a variety that is specified by the regulations as leviable rice for the purposes of this Schedule.
"rice industry body" means:
(a) a State marketing authority; or
(b) the Rice Growers' Association of Australia; or
(c) the Ricegrowers' Co - operative Limited; or
(d) any other organisation prescribed by the regulations as a rice industry body for the purposes of this Schedule.
"season" means a period of 12 months beginning on 1 October in any year.
"State marketing authority" :
(a) in relation to New South Wales--means the Rice Marketing Board for New South Wales; or
(b) in relation to a State other than New South Wales--means:
(i) an authority of the State; or
(ii) an incorporated company all the shares in which are beneficially owned by the State;
where:
(iii) the functions of the authority or company consist of, or include, functions relating to the marketing of rice; and
(iv) the authority or company is specified in the regulations.
Levy is imposed on leviable rice that is:
(a) produced in Australia (whether before or after the commencement of this clause); and
(b) delivered to a processor after the commencement of this Schedule.
(1) The rate of levy imposed by this Schedule is the amount per tonne specified by the regulations for the purposes of this subclause. This subclause has effect subject to subclause (7).
(3) The regulations may specify:
(a) different rates for different varieties of rice; and
(b) different rates for rice harvested in different seasons.
(4) Subclause (3) does not, by implication, limit the application of subsection 33(3A) of the Acts Interpretation Act 1901 .
(5) The regulations must not specify a rate of levy imposed by this Schedule for a variety of rice unless the rate is recommended to the Minister by a rice industry body.
(6) Before a recommendation is made to the Minister under subclause (5), the body making the recommendation must consult with each other body that is a rice industry body.
(6A) If the recommendation relates to a variety of rice that is harvested in a State that has a State marketing authority and the recommendation is not made by the State marketing authority, the State marketing authority must, in writing, endorse the recommendation.
(7) If:
(a) the regulations have specified a rate of levy imposed by this Schedule for a variety of rice harvested in a particular season; and
(b) the regulations have not later specified another rate of levy imposed by this Schedule for that variety;
the rate of levy imposed by this Schedule for rice of that variety harvested in a later season is the rate referred to in paragraph (a).
(8) A recommendation to the Minister under this clause may be made on behalf of a State marketing authority by a person:
(a) who is an agent of the authority; and
(b) who is authorised by the authority to make a recommendation on behalf of the authority under this clause.
Levy imposed by this Schedule on leviable rice is payable by the producer of the rice.
(1) Before the Governor - General makes regulations for the purposes of clause 1, the Minister must take into consideration any relevant recommendation made to the Minister by a rice industry body.
(2) The regulations must not, for the purposes of subclause 3(1), specify a rate of levy greater than the rate recommended to the Minister under subclause 3(5).
(1) This clause applies to regulations if:
(a) the regulations were made for the purposes of a particular provision of the Rice Levy Act 1991 ; 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.
9 Transitional--authorisations
(1) This clause applies to an authorisation if:
(a) the authorisation was made for the purposes of a particular provision of the Rice Levy Act 1991 ; and
(b) the authorisation was in force immediately before the commencement of this clause.
(2) The authorisation has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.