Document ID: chunk:federal_register_of_legislation:F2024L01568:clause:2_5
Version: federal_register_of_legislation:F2024L01568
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 425460–427449

5                    To whom is the levy payable?                                                                                                                                    The Commonwealth

Note 1: The levy payer is the person who owns the logs immediately after the trees from which the logs are produced are felled.
 For item 1, a collection agent is liable to pay an amount, on behalf of the levy payer, equal to the levy: see clause 31‑2 of this Schedule.
 For item 3, the proprietor of the processing establishment is liable to pay an amount, on behalf of the levy payer, equal to the levy: see clause 31‑2 of this Schedule.
 If the collection agent pays that amount, the levy payer's liability to pay the levy is discharged under section 10 of the Act. That section allows the agent to deduct amounts from money received by the agent on behalf of the levy payer or money payable by the agent to the levy payer, or to recover amounts from the levy payer, up to the amount of the levy.
Note 2: For penalty for late payment, see section 9 of the Act.

Threshold quarter
 (2) The threshold quarter in a financial year, for a levy payer and logs produced from trees felled in Australia, is the first quarter in that year at the end of which the sum of the following is 20,000 cubic metres or more:
 (a) the total quantity of such logs that are sold by the levy payer in that year;
 (b) the total quantity of such logs that are processed for a commercial purpose by or for the levy payer in that year.
 (3) Subclause (2) does not apply to logs covered by subclause 31‑2(1), (2) or (3) of Schedule 2 to the Primary Industries (Excise) Levies Regulations 2024.

Giving quarterly returns
 (4) For the purposes of paragraph 59(2)(a) of the Act, for levy imposed by clause 31‑1 of Schedule 2 to the Primary Industries (Excise) Levies Regulations 2024 on logs, this table has effect.

Quarterly returns
Item               Matter                                                     Rule