FOREST INDUSTRIES RESEARCH IMPORT CHARGE ACT 1993 NO. 90, 1993 

FOREST INDUSTRIES RESEARCH IMPORT CHARGE ACT 1993 NO. 90, 1993 
- TABLE OF PROVISIONS

1. Short title  
2. Commencement  
3. Definitions  
4. Act to bind the Crown  
5. Imposition of charge  
6. Rate of charge  
7. By whom is charge payable?  
8. Exemption from charge  
9. Regulations  

FOREST INDUSTRIES RESEARCH IMPORT CHARGE ACT 1993 No. 90 of 1993 - LONG TITLE

      An Act to impose a charge on forest and wood products imported
                              into Australia

FOREST INDUSTRIES RESEARCH IMPORT CHARGE ACT 1993 No. 90 of 1993
- SECT 1
Short title

                                        (Assented to 30 November 1993)
  1. This Act may be cited as the Forest Industries Research Import Charge Act
1993.
(Minister's second reading speech made in-
          House of Representatives on 7 September 1993
          Senate on 27 October 1993)

FOREST INDUSTRIES RESEARCH IMPORT CHARGE ACT 1993 No. 90 of 1993
- SECT 2
Commencement

  2. This Act commences on 1 January 1994.

FOREST INDUSTRIES RESEARCH IMPORT CHARGE ACT 1993 No. 90 of 1993
- SECT 3
Definitions

  3.(1) In this Act, unless the contrary intention appears:
  "forest products" means:
  (a) logs; or
  (b) such other products as are described in Chapter 44 of Schedule 3 to the
Customs Tariff Act 1987 and prescribed by the regulations;
  "industry body" means an industry body declared under section 7 of the
Primary Industries and Energy Research and Development Act 1989 to be a
representative organisation in relation to an R&D Corporation established
under section 8 of that Act in respect of forest industries;
  "Levy Act" means the Forest Industries Research Levy Act 1993;
  "logs" has the same meaning as in the Levy Act;
  "mill" has the same meaning as in the Levy Act.
  (2) Unless the contrary intention appears, a word or expression contained in
this Act that is not defined in this Act, but is defined in the Primary
Industries Levies and Charges Collection Act 1991 has the same meaning in this
Act as in the Primary Industries Levies and Charges Collection Act 1991.

FOREST INDUSTRIES RESEARCH IMPORT CHARGE ACT 1993 No. 90 of 1993
- SECT 4
Act to bind the Crown

  4. This Act binds the Crown in each of its capacities.

FOREST INDUSTRIES RESEARCH IMPORT CHARGE ACT 1993 No. 90 of 1993
- SECT 5
Imposition of charge

  5. Charge is imposed on forest products imported into Australia.

FOREST INDUSTRIES RESEARCH IMPORT CHARGE ACT 1993 No. 90 of 1993
- SECT 6
Rate of charge

  6.(1) The rate of charge is:
  (a) if the forest products are logs-the rate of levy (if any) that would
have been payable under the Levy Act if the logs had been produced in
Australia and delivered to a mill in Australia; or
  (b) otherwise-a rate worked out by multiplying:
    (i) the rate of levy (if any) that would have been payable under
the Levy Act in respect of logs of the same class that were used to produce
the forest products if the logs had been produced in Australia and delivered
to a mill in Australia; and
    (ii) the conversion factor determined by the Minister to apply to
forest products of the class in question.
  (2) The Minister may determine in writing, for a class of forest products, a
conversion factor that, in the Minister's opinion, reasonably approximates
(but does not exceed) the average proportionality between:
  (a) volumes of logs that are used, in accordance with normal wood processing
practices in Australia, to produce such volumes of those forest products; and
  (b) volumes of forest products in that class.
  (3) Before making a determination, the Minister must take into consideration
any relevant recommendation made to him or her by an industry body.
  (4) Such determinations are disallowable instruments for the purposes of
section 46A of the Acts Interpretation Act 1901.
  (5) The regulations may provide that the charge is not payable if the amount
to be collected is less than an amount specified in the regulations.

FOREST INDUSTRIES RESEARCH IMPORT CHARGE ACT 1993 No. 90 of 1993
- SECT 7
By whom is charge payable?

  7. Charge is payable by the importer of the forest products.

FOREST INDUSTRIES RESEARCH IMPORT CHARGE ACT 1993 No. 90 of 1993
- SECT 8
Exemption from charge

  8. The regulations may exempt from charge a specified class of forest
products.

FOREST INDUSTRIES RESEARCH IMPORT CHARGE ACT 1993 No. 90 of 1993
- SECT 9
Regulations

  9.(1) The Governor-General may make regulations prescribing matters required
or permitted by this Act to be prescribed.
  (2) Before making a regulation, the Governor-General is to take into
consideration any relevant recommendation made to the Minister by an industry
body.