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PRIMARY INDUSTRIES (EXCISE) LEVIES ACT 1999 - SCHEDULE 5

Cotton

 

 

1   Definitions

    In this Schedule:

"growers' organisation" means the organisation known as the Australian Cotton Growers' Research Association or such other organisation that is prescribed for the purposes of this definition.

"leviable cotton" means the natural fibrous hairs that are produced from seed cotton by separating the hairs from the seeds and not further processing those hairs.

"seed cotton" means cotton seed, with the natural fibrous hairs attached, as extracted from the ripened bolls of a cotton plant.

2   Imposition of levy

    Levy is imposed on leviable cotton produced in Australia after the commencement of this Schedule.

3   Rate of levy

    The rate of levy imposed by this Schedule in respect of leviable cotton is $1.75 per 227 kg or, if another rate is prescribed for the purposes of this clause, the other rate.

4   Who pays the levy

    Levy imposed by this Schedule on leviable cotton is payable by the producer of the cotton.

5   Regulations

  (1)   Before the Governor - General makes a regulation for the purposes of clause   3, the Minister must take into consideration any relevant recommendation made to the Minister by the growers' organisation.

  (2)   If there is no growers' organisation, then, before the Governor - General makes regulations for the purposes of clause   3, the Minister must take into consideration any relevant recommendation made to the Minister by the Research and Development Corporation established under the Cotton Research and Development Corporation Regulations   1990 .

  (3)   Before that 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 regulations must not, for the purposes of clause   3, prescribe a rate of levy greater than the rate 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 Cotton Levy Act 1982 ; 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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