Document ID: chunk:federal_register_of_legislation:C2004A04649:body:0:p17
Version: federal_register_of_legislation:C2004A04649
Segment Type: other
Provision Reference: 
Character Range: 40976–43920

Principal Act

58. In this Part, "Principal Act" means the Primary Industries Levies and Charges Collection Act 199111.

Interpretation

  59. Section 4 of the Principal Act is amended:

    (a) by inserting after paragraph (j) of the definition of "examinable documents" in subsection (1) the following subparagraphs:

      "(ja) importers;

       (jb) importing agents;";

    (b) by inserting in paragraph (g) of the definition of "producer" in subsection (1) ", logs within the meaning of the Forest Industries Research Export Charge Act 1993" after "is concerned)";

    (c) by inserting after paragraph (d) of that definition the following paragraph:

          "(da) in the case of logs within the meaning of the Forest Industries Research Levy Act 1993—the operator of the mill to which the logs were delivered;";

    (d) by inserting after paragraph (g) of that definition the following paragraph:

          "(ga) in the case of forest products within the meaning of the Forest Industries Research Import Charge Act 1993 or in the case of such other products as are prescribed for the purposes of this paragraph—the person who imports the product into Australia;";

  (e) by inserting in subsection (1) the following definitions:

    "forest industries levy or charge" means:

         (a) levy imposed by the Forest Industries Research Levy Act 1993; or

         (b) charge imposed by the Forest Industries Research Export Charge Act 1993 or the Forest Industries Research Import Charge Act 1993;

    "importing agent" means a person who, in the course of carrying on a business, imports collection products into Australia on behalf of other persons (whether or not the other persons are the owners of the products);

    "R&D Corporation" means an R&D Corporation established under section 8 of the Primary Industries and Energy Research and Development Act 1989;".

Liability of intermediaries

  60. Section 7 of the Principal Act is amended:

  (a) by adding at the end of subsection (3) the following Note:

        "Note: under paragraph (g) of the definition of 'producer' in subsection 4(1), the producer is taken to be the person who exports the products from Australia.".

  (b) by inserting after subsection (3) the following subsection:

    "(3A) For better securing the payment of charge, an importing agent who imports prescribed products on which charge is imposed is liable to pay in accordance with subsection (4), on behalf of the producer, an amount equal to the sum of:

        (a) the amount of any charge due for payment on or in relation to the products that remains unpaid by the producer; and

        (b) any amount payable by the producer under subsection 15(1) in relation to that charge.

       Note: under paragraph (ga) of the definition of 'producer' in subsection 4(1), the producer is taken to be the person who imports the products into Australia.";

    (c) by omitting from subsections