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Primary Industries and Energy Legislation Amendment Act (No. 2) 1995

No. 133 of 1995

An Act to amend various Acts administered by the Department of Primary Industries and Energy, and for related purposes

[Assented to 14 November 1995]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Primary Industries and Energy Legislation Amendment Act (No. 2) 1995.

Commencement

2.(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

(2) Part 3 of Schedule 3 commences, or is taken to have commenced, on 1 January 1996.

(3) Items 9 to 12 (inclusive) of Schedule 4 are taken to have commenced on 1 December 1985.

Amendments

3. The Acts specified in the Schedules are amended in accordance with the applicable items in the Schedules, and the other items in the Schedules have effect according to their terms.

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                         SCHEDULE 1 Section 3

EXPORT INSPECTION (QUANTITY CHARGE) ACT 1985

1. Subsections 6(1A), (1B) and (1C):

Omit the subsections.

2. Paragraph 6(1E)(p):

Omit the paragraph.

3. Application

The amendments made by this Schedule apply in relation to export permits granted after the commencement of this item.

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                            SCHEDULE 2 Section 3

WOOL INTERNATIONAL ACT 1993

PART 1—SMALL TAXPAYERS

1. Subsection 64(1):

Omit all the words after "person", substitute "whose name is in the section 66 register at the time when the regulations require the record to be sent".

2. Subsection 64(4):

Omit the subsection.

3. Subsections 66(1) and (2):

Add at the end:

"Note: The operation of this subsection is modified for small taxpayers by subsection (5).".

4. Section 66:

Add at the end:

"(5) In determining whether a person is a wool-tax payer for the purposes of subsections (1) and (2), if:

(a) the person has paid wool tax imposed on particular shorn wool; and

   (b) the rate of that tax was calculated by reference to a sale value of less than the amount specified in the regulations; and

(c) the payment is made on or after the day specified in the regulations;

the payment is to be ignored. However, this rule does not apply if the person gives Wool International a written request to take the payment into account in determining whether the person is a wool-tax payer for the purposes of subsections (1) and (2).

"(6) A request made by a person under subsection (5) may be expressed to relate to a payment that will be, or that might possibly be, made by the person after whichever is the later of:

(a) the time when the request was made; or

(b) the beginning of the day referred to in paragraph (5)(c).

"(7) A request made by a