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PRIMARY INDUSTRIES LEVIES AND CHARGES (CONSEQUENTIAL AMENDMENTS) ACT 1999 - SCHEDULE 6

Amendment of the Horticultural Research and Development Corporation Act 1987

 

1   Subsection   3(1)

Insert:

"Corporation's component of charge" has the meaning given by section   44B.

2   Subsection   3(1)

Insert:

"Corporation's component of levy" has the meaning given by section   44A.

3   Subsection   3(1) (definition of Export Charge Act )

Repeal the definition.

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

Repeal the definition.

5   Subsection   3(1)

Insert:

"old Export Charge Act" means the repealed Horticultural Export Charge Act 1987 .

6   Subsection   3(1)

Insert:

"old Export Charge Collection Act" means the repealed Horticultural Export Charge Collection Act 1987 .

7   Subsection   3(1)

Insert:

"old Levy Act" means the repealed Horticultural Levy Act 1987 .

8   Subsection   3(1)

Insert:

"old Levy Collection Act" means the repealed Horticultural Levy Collection Act 1987 .

9   Before section   45

Insert:

44A   Corporation's component of levy

    For the purposes of this Act, the Corporation's component of levy is an amount of levy covered by subclause   4(3) of Schedule   15 to the Primary Industries (Excise) Levies Act 1999 .

44B   Corporation's component of charge

    For the purposes of this Act, the Corporation's component of charge is an amount of charge covered by subclause   3(5) of Schedule   10 to the Primary Industries (Customs) Charges Act 1999 .

10   Before paragraph   45(1)(a)

Insert:

  (aaa)   amounts received by the Commonwealth as the Corporation's component of levy; and

11   Section   45

Before "Levy Act" (wherever occurring), insert "old".

12   Paragraph 45(1)(aa)

Before "(a)", insert "(aaa) or".

13   Section   45

Before "Levy Collection Act" (wherever occurring), insert "old".

14   Section   45

Before "Export Charge Act" (wherever occurring), insert "old".

15   Before paragraph   45(2)(a)

Insert:

  (aaa)   amounts received by the Commonwealth as the Corporation's component of charge; and

16   Paragraph 45(2)(aa)

Before "(a)", insert "(aaa) or".

17   Section   45

Before "Export Charge Collection Act" (wherever occurring), insert "old".

18   After subsection   45(3)

Insert:

  (3A)   The reference in paragraph   ( 1)(aaa) to amounts received by the Commonwealth as the Corporation's component of levy includes a reference to:

  (a)   amounts received by the Commonwealth under subsection   7(1) or (2) of the Levies and Charges Collection Act in relation to such a component of levy; and

  (b)   amounts received by the Commonwealth by virtue of an agreement entered into under section   10 or 11 of that Act in relation to such a component of levy.

19   After subsection   45(4)

Insert:

  (4A)   The reference in paragraph   ( 2)(aaa) to amounts received by the Commonwealth as the Corporation's component of charge includes a reference to:

  (a)   amounts received by the Commonwealth under paragraph   7(3)(a) of the Levies and Charges Collection Act in relation to such a component of charge; and

  (b)   amounts received by the Commonwealth by virtue of an agreement entered into under section   10 or 11 of that Act in relation to such a component of charge.

20   Paragraph 45(5A)(a)

Omit "7(1)(f)", substitute "7(1)(e)".

21   Paragraphs 45A(1)(a) and (b)

After "of the", insert "old".

22   Paragraphs 45A(2)(a) and (b)

After "of the", insert "old".

23   Paragraph 46(3)(a)

Omit "45(1)(a) and (2)(a)", substitute "45(1)(aaa) and (a) and (2)(aaa) and (a)".

24   Subsection   46(3)

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

25   Subsection   46(3)

Before "Export Charge Collection Act", insert "old".

26   Subparagraph 47(1)(aa)(i)

Repeal the subparagraph, substitute:

  (i)   the collection or recovery of amounts referred to in paragraph   45(1)(aaa), (a), (aa) or (b) or (2)(aaa), (a), (aa) or (b); or



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