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PRIMARY INDUSTRIES LEVIES AND CHARGES (CONSEQUENTIAL AMENDMENTS) ACT 1999 NO. 32, 1999 - SCHEDULE 11

-- Amendment of the Dairy Produce Act 1986

1 Subsection 3(1) (definition of corporation levy )

Repeal the definition, substitute:

Corporation levy means Corporation levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 , and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

2 Subsection 3(1) (definition of dairy products levy )

Repeal the definition.

3 Subsection 3(1) (definition of exotic animal disease levy )

Repeal the definition.

4 Subsection 3(1) (definition of first Levy Act )

Repeal the definition.

5 Subsection 3(1) (definition of market support levy )

Repeal the definition.

6 Subsection 3(1) (definition of milk fat levy )

Repeal the definition.

7 Subsection 3(1)

Insert:

old corporation levy means corporation levy imposed by the old first Levy Act, and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

8 Subsection 3(1)

Insert:

old dairy products levy means the levy imposed by:

(a)
section 9 of the old first Levy Act; or

(b)
section 5 or 8 of the old second Levy Act;

as in force on 30 June 1995, and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

9 Subsection 3(1)

Insert:

old first Levy Act means the repealed Dairy Produce Levy (No. 1) Act 1986 .

10 Subsection 3(1)

Insert:

old market support levy means market support levy imposed by the old first Levy Act, and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

11 Subsection 3(1)

Insert:

old promotion levy means promotion levy imposed by the old first Levy Act, and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

12 Subsection 3(1)

Insert:

old research levy means research levy imposed by the old first Levy Act, and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

13 Subsection 3(1)

Insert:

old second Levy Act means the repealed Dairy Produce Levy (No. 2) Act 1986 .

14 Subsection 3(1) (definition of promotion levy )

Repeal the definition, substitute:

promotion levy means promotion levy imposed by Schedule 6 to the Primary Industries (Excise) Levies Act 1999 , and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.

15 Subsection 3(1) (definition of relevant dairy produce )

Repeal the definition, substitute:

relevant dairy produce has the same meaning as in Schedule 6 to the Primary Industries (Excise) Levies Act 1999 .

16 Subsection 3(1) (definition of research levy )

Repeal the definition.

17 Subsection 3(1) (definition of second Levy Act )

Repeal the definition.

18 Subsection 3(3)

Omit "the first Levy Act", substitute "Schedule 6 to the Primary Industries (Excise) Levies Act 1999 ".

19 Before paragraph 71(1)(a)

Insert:

(aa)
the amounts received by the Commonwealth as Corporation levy; and

20 Paragraph 71(1)(a)

Omit "Corporation levy", substitute "old corporation levy."

21 At the end of paragraph 71(1)(b)

Add "or old corporation levy".

22 Subparagraph 74(1)(ca)(i)

Omit "71(1)(a)", substitute "71(1)(aa), (a)".

23 Subparagraph 88(1)(d)(i)

Omit "the first Levy Act", substitute "Schedule 6 to the Primary Industries (Excise) Levies Act 1999 ".

24 Paragraphs 90(1)(a) and (b)

Repeal the paragraphs, substitute:

(a)
the amounts received by the Commonwealth as promotion levy; and

(b)
the amounts received by the Commonwealth as old promotion levy; and

(c)
the amounts received by the Commonwealth in discharge of the liability of a person under subsection 7(1) or (2) of the Levies and Charges Collection Act in respect of amounts of promotion levy or old promotion levy.

25 Subparagraph 91(aa)(i)

Omit "or (b)", substitute ", (b) or (c)".

26 At the end of section 92

Add:

Note: Section 102 provides that, as soon as practicable after 1 July 1995, the Market Support Fund is to be wound up.

27 Paragraphs 93(1)(a) and (c)

Before "market support levy", insert "old".

28 Paragraph 93(1)(b)

Before "dairy products levy", insert "old".

29 Paragraph 93(1)(b)

Before "second Levy Act", insert "old".

30 Section 103 (definition of acquisition offset levy )

Repeal the definition, substitute:

acquisition offset levy means:

(a)
acquisition offset levy imposed by Schedule 6 to the Primary Industries
(Excise)
Levies Act 1999 ; or

(b)
acquisition offset levy imposed by the old first Levy Act, as in force on and after 1 July 1995.

31 Section 103 (definition of import offset levy )

Repeal the definition, substitute:

import offset levy means:

(a)
charge imposed by clause 3 of Schedule 4 to the Primary Industries
(Customs)
Charges Act 1999 ; or

(b)
import offset levy imposed by the old second Levy Act, as in force on and after 1 July 1995.

32 Section 103 (definition of manufacturing milk levy )

Repeal the definition, substitute:

manufacturing milk levy means:

(a)
manufacturing milk levy imposed by Schedule 6 to the Primary Industries
(Excise)
Levies Act 1999 ; or

(b)
manufacturing milk levy imposed by the old first Levy Act, as in force on and after 1 July 1995;

and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to such a levy.

33 Section 103 (definition of market milk )

Omit "paragraph 5(1)(a) of the Dairy Produce Levy (No. 1) Act 1986 ", substitute "Schedule 6 to the Primary Industries (Excise) Levies Act 1999 or by paragraph 5(1)(a) of the old first Levy Act".

34 Section 103 (definition of market milk levy)

Repeal the definition, substitute:

market milk levy means:

(a)
market milk levy imposed by Schedule 6 to the Primary Industries
(Excise)
Levies Act 1999 ; or

(b)
market milk levy imposed by the old first Levy Act, as in force on and after 1 July 1995;

and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to such a levy.

35 Section 103 (definition of milk fat rate)

Repeal the definition, substitute:

milk fat rate means:

(a)
in relation to a month beginning on or after 1 July 1999—the milk fat rate prescribed, under Schedule 6 to the Primary Industries (Excise) Levies Act 1999 , in relation to the manufacturing milk levy for that month; or

(b)
in relation to a month beginning before 1 July 1999—the milk fat rate prescribed, under the old first Levy Act, in relation to the manufacturing milk levy for that month.

36 Section 103 (definition of protein rate)

Repeal the definition, substitute:

protein rate means:

(a)
in relation to a month beginning on or after 1 July 1999—the protein rate prescribed, under Schedule 6 to the Primary Industries (Excise) Levies Act 1999 , in relation to the manufacturing milk levy for that month; or

(b)
in relation to a month beginning before 1 July 1999—the protein rate prescribed, under the old first Levy Act, in relation to the manufacturing milk levy for that month.

37 After paragraph 107(2)(a)

Insert:

(aa)
charge imposed by Schedule 4 to the Primary Industries (Customs) Charges Act 1999 ; or

38 Paragraph 107(2)(b)

Omit " Dairy Produce Levy (No. 2) Act 1986 ", substitute "old second Levy Act".

39 At the end of paragraph 107(2)(c)

Add "or charge referred to in paragraph (aa)".

40 Paragraph 108D(1)(b)

Repeal the paragraph, substitute:

(b)
if that month begins before 1 July 1999—but for the operation of subsection 7(5) of the old first Levy Act, the amount of the manufacturing milk levy so imposed would be a negative amount; and

(c)
if that month begins on or after 1 July 1999—but for the operation of subclause 8(5) of Schedule 6 to the Primary Industries (Excise) Levies Act 1999 , the amount of the manufacturing milk levy so imposed would be a negative amount.

41 Subsection 108D(4)

Omit "(1)", substitute "(3)".

42 Paragraph 108E(1)(c)

Repeal the paragraph, substitute:

(c)
if that month begins before 1 July 1999—the export of the dairy produce has not been taken into account under paragraphs 7(2)(c) and (d) of the old first Levy Act; and

(d)
if that month begins on or after 1 July 1999—the export of the dairy produce has not been taken into account under paragraphs 8(2)(c) and (d) of Schedule 6 to the Primary Industries (Excise) Levies Act 1999 .

43 Paragraph 109A(1)(b)

Before "the total amount", insert "if the financial year is earlier than the financial year beginning on 1 July 1999—".

44 Paragraph 109A(1)(b)

Before "first Levy Act", insert "old".

45 At the end of paragraph 109A(1)(b)

Add "and".

46 After paragraph 109A(1)(b)

Insert:

(c)
if the financial year begins on or after 1 July 1999—the total amount so payable by the prescribed exporter would, but for this section, exceed the amount that, under Schedule 6 to the Primary Industries (Excise) Levies Act 1999 , is the maximum amount in relation to acquisition offset levy payable by the prescribed exporter in respect of that year;

47 Subsection 109A(2) (definition of Maximum amount )

Repeal the definition, substitute:

Maximum amount means:

(a)
in the case of a financial year earlier than the financial year beginning on 1 July 1999—the amount that, under the old first Levy Act, is the maximum amount in relation to acquisition offset levy payable by the prescribed exporter in respect of that year; or

(b)
in the case of a financial year beginning on or after 1 July 1999—the amount that, under Schedule 6 to the Primary Industries (Excise) Levies Act 1999 , is the maximum amount in relation to acquisition offset levy payable by the prescribed exporter in respect of that year.

48 Subsection 109A(2) (definition of Levy )

Omit "the levy", substitute "the acquisition offset levy or the import offset levy".

49 Subsection 109A(4)

Repeal the subsection, substitute:

(4)
A reference in this section to the milk fat rate for a month or the protein rate for a month has the same meaning as in:

(a)
in the case of a month beginning before 1 July 1999—section 7 of the old first Levy Act; or

(b)
in the case of a month beginning on or after 1 July 1999—clause 8 of Schedule 6 to the Primary Industries (Excise) Levies Act 1999 .

50 Subsection 109B(5)

Omit "of levy", substitute "of acquisition offset levy or import offset levy".

51 Subsection 109B(5)

Omit all the words after "payable", substitute:

under:

(a)
Schedule 6 to the Primary Industries (Excise) Levies Act 1999 ; or

(b)
Schedule 4 to the Primary Industries (Customs) Charges Act 1999 ; or

(c)
the old first Levy Act; or

(d)
the old second Levy Act;

as the case requires.

52 At the end of section 109B

Add:

(6)
In this section:

acquisition offset levy has the same meaning as in Division 5 of Part VII.

import offset levy has the same meaning as in Division 5 of Part VII.

53 Paragraph 111A(1)(a)

Repeal the paragraph, substitute:

(a)
it is necessary to determine the milk fat content of dairy produce for the purposes of a provision of:

(i)
this Act; or
(ii)
Schedule 6 to the Primary Industries (Excise) Levies Act 1999 ; or
(iii)
Schedule 4 to the Primary Industries (Customs) Charges Act 1999 ; or
(iv)
the old first Levy Act; or
(v)
the old second Levy Act; and

54 Paragraph 111A(2)(a)

Repeal the paragraph, substitute:

(a)
it is necessary to determine the protein content of dairy produce for the purposes of a provision of:

(i)
this Act; or
(ii)
Schedule 6 to the Primary Industries (Excise) Levies Act 1999 ; or
(iii)
Schedule 4 to the Primary Industries (Customs) Charges Act 1999 ; or
(iv)
the old first Levy Act; or
(v)
the old second Levy Act; and


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