Document ID: chunk:federal_register_of_legislation:F2022C00986:reg:12
Version: federal_register_of_legislation:F2022C00986
Segment Type: reg
Provision Reference: reg 12
Character Range: 31547–33561

12  Import or manufacture share—no co‑regulatory membership on 30 June
 (1) This section applies if a person:
 (a) is a liable party in a financial year because of television or computer products that were imported or manufactured in Australia before the financial year; and
 (b) is not a member of an approved co‑regulatory arrangement on 30 June of the financial year; and
 (c) becomes a member of an approved co‑regulatory arrangement at a later time.
 (2) For the purposes of subsection 11(4), a proportion of the products are taken to have been imported or manufactured in Australia in the financial year immediately before the year in which the person becomes a member of the approved co‑regulatory arrangement, as worked out according to the following formula:

where:
non‑membership days means the number of days in the financial year, immediately before 30 June, for which the liable party was not a member of an approved co‑regulatory arrangement.
number of days in year means the number of days in the financial year.
number of products means the number of television or computer products mentioned in paragraph (1)(a).
 (3) Section 13 (which allows proportioning of the products) does not apply to those products.
Example: A person imported 20,000 web cameras in the 2021‑2022 financial year, and therefore is a liable party in the 2022‑2023 financial year. The person is not a member of an approved co‑regulatory arrangement in the 2022‑2023 financial year, and does not become a member of an approved co‑regulatory arrangement until the 2023‑2024 financial year.
 The approved co‑regulatory arrangement must count all of the 20,000 web cameras as if the web cameras had been imported in the 2022‑2023 financial year, even if the liable party is not a member of the approved co‑regulatory arrangement for the whole of the 2023‑2024 financial year.
 (4) Subsection (2) does not affect the import or manufacture share of co‑regulatory arrangements in the financial year mentioned in paragraph (1)(a).