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This instrument is the Primary Industries (Excise) Levies Regulations 2024.
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Commonwealth legislation
These regulations set out a broad system of excise levies on Australian agricultural and related products, specifying who pays, when, and why. Levies—often tiered and sometimes exempt for very small producers—are charged to producers, processors or owners at defined transaction points and vary by rate and purpose. They fund industry marketing, R&D, biosecurity and food‑safety programs, effectively making producers collectively finance sector services and protections.
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Direct links to the current provisions in Primary Industries (Excise) Levies Regulations 2024.
This instrument is the Primary Industries (Excise) Levies Regulations 2024.
This instrument is made under the Primary Industries (Excise) Levies Act 2024.
This instrument complements the Primary Industries (Excise) Levies Act 2024 by:
(a) imposing levies in relation to animal products, plant products, fungus products or algal products that are produce of a primary industry; and
(b) imposing levies in relation to goods that are of a kind consumed by, or used in the maintenance or treatment of, animals, plants, fungi or algae; and
(c) imposing levies in relation to goods that are for use in the production or preparation of nursery products.
Each set of provisions imposing a levy also deals with:
(a) any exemptions from the levy; and
(b) the rate of the levy; and
(c) the person who is liable to pay the levy (the levy payer).
Some products have multiple levies.
In this instrument:
Act means the Primary Industries (Excise) Levies Act 2024.
Agaricus mushroom has the meaning given by clause 36‑1 of Schedule 2.
Agvet Code has the meaning given by clause 12‑10 of Schedule 1.
almond has the meaning given by clause 37‑1 of Schedule 2.
apple has the meaning given by clause 38‑1 of Schedule 2.
apple juice includes:
(a) cider; and
(b) any other beverage distilled from apples.
Australia:
(a) when used in a geographical sense in a provision of this instrument, does not include the external Territories, unless paragraph (b) applies; or
(b) when used in a geographical sense in a provision of this instrument that extends to an external Territory, includes that external Territory.
Note: Section 6 of the Act allows this instrument to extend any provisions of this instrument to an external Territory.
Australian Stud Book has the meaning given by clause 12‑6 of Schedule 1.
avocado has the meaning given by clause 39‑1 of Schedule 2.
banana has the meaning given by clause 40‑1 of Schedule 2.
bobby calf has the meaning given by clause 9‑7 of Schedule 1.
bovine animal means an animal of the genus Bos.
buffalo has the meaning given by clause 8‑1 of Schedule 1.
business purchaser has the meaning given by section 6.
buying agent has the meaning given by section 6.
cattle means bovine animals other than buffalo.
certification scheme has the meaning given by clause 27‑1 of Schedule 2.
cherry has the meaning given by clause 41‑1 of Schedule 2.
chestnut has the meaning given by clause 42‑1 of Schedule 2.
chicken means a bird of the species Gallus gallus domesticus.
citrus has the meaning given by clause 43‑1 of Schedule 2.
citrus box has the meaning given by clause 43‑2 of Schedule 2.
coarse grains has the meaning given by clause 26‑1 of Schedule 2.
cold carcase weight of a carcase means the weight of the carcase that is weighed 2 hours or more after slaughter.
cotton fibre has the meaning given by clause 25‑1 of Schedule 2.
cotton plant has the meaning given by clause 25‑1 of Schedule 2.
covered, for a mare, has the meaning given by clause 12‑6 of Schedule 1.
custard apple has the meaning given by clause 44‑1 of Schedule 2.
custard apple box has the meaning given by clause 44‑3 of Schedule 2.
custard apple tray has the meaning given by clause 44‑3 of Schedule 2.
dairy cattle means cattle held for use for the production of milk, or for purposes incidental to the production of milk, and includes:
(a) dairy cows; and
(b) dairy heifers; and
(c) calves that are the progeny of dairy cows; and
(d) bulls used, or held for use, for the purpose of fertilising dairy cows or dairy heifers.
declaration of service has the meaning given by clause 12‑6 of Schedule 1.
deer has the meaning given by clause 10‑1 of Schedule 1.
emu has the meaning given by clause 23‑1 of Schedule 1.
farmed prawns has the meaning given by clause 20‑1 of Schedule 1.
feedlot means a constructed facility where:
(a) cattle are confined and managed; and
(b) cattle have access to designated watering points; and
(c) cattle are fed a nutritious prepared ration for the purpose of efficient growth.
fresh grape equivalent:
(a) of a quantity of dried grapes—means a number of tonnes equal to the number worked out by multiplying the number of tonnes of the dried grapes by 3; or
(b) of a quantity of grape juice—means a number of tonnes equal to the number worked out by:
(i) for single‑strength grape juice—dividing the number of litres of the quantity of single‑strength grape juice by 800; or
(ii) for concentrated grape juice—dividing the number of litres of single‑strength grape juice, from which the concentrated grape juice was derived, by 800.
Note: Example 1: For 6 tonnes of dried grapes, the fresh grape equivalent is 18 tonnes.
Note: Example 2: For 3,200 litres of single‑strength grape juice, the fresh grape equivalent is 4 tonnes.
Note: Example 3: Assume 1,400 litres of concentrated grape juice is derived from 5,600 litres of single‑strength grape juice. The fresh grape equivalent is 7 tonnes.
fruit juice includes:
(a) apple juice; and
(b) pear juice.
game animal has the meaning given by clause 21‑1 of Schedule 1.
ginger has the meaning given by clause 46‑1 of Schedule 2.
goat means an animal of the genus Capra.
grain has the meaning given by clause 26‑1 of Schedule 2.
grain‑fed beef products means meat products that are certified as Grain Fed, Grain Fed Finished or Grain Fed Young Beef in accordance with the Australian Meat Industry Classification System published by AUS‑MEAT Limited, as that system exists from time to time.
grain legumes has the meaning given by clause 26‑1 of Schedule 2.
grape means a fruit of the genus Vitis.
grape juice means grape juice produced in Australia, from grapes grown in Australia, whether single‑strength or concentrated.
grape processing premises has the meaning given by clause 68‑1 of Schedule 2.
hatchery means any place at which chickens are hatched for commercial purposes.
Note: Example: A barn, shed or specialist hatchery are examples of such places.
horse means an animal of the family Equidae.
hot carcase weight of a carcase means the weight of the carcase that is weighed within 2 hours after slaughter.
lamb means an animal of the species Ovis aries that:
(a) is under 12 months of age; or
(b) does not have any permanent incisor teeth in wear.
laying chicken means a female chicken that is to be raised for egg production.
licensed dairy farmer means the person having day to day control of licensed dairy premises.
licensed dairy premises means premises that, under the law of the State or Territory in which the premises are situated, are authorised for use as a dairy farm.
lot‑fed cattle means cattle that:
(a) are fed in a feedlot; and
(b) are so fed for the purpose of being later used in the production of grain‑fed beef products.
lychee has the meaning given by clause 47‑1 of Schedule 2.
macadamia dried kernel has the meaning given by clause 48‑1 of Schedule 2.
macadamia in shell has the meaning given by clause 48‑1 of Schedule 2.
macadamia nut has the meaning given by clause 48‑1 of Schedule 2.
macropod has the meaning given by clause 22‑1 of Schedule 1.
mango has the meaning given by clause 49‑1 of Schedule 2.
manufactured feed has the meaning given by clause 12‑10 of Schedule 1.
mare has the meaning given by clause 12‑6 of Schedule 1.
mare return has the meaning given by clause 12‑6 of Schedule 1.
meat chicken has the meaning given by clause 6‑1 of Schedule 1.
melon has the meaning given by clause 50‑1 of Schedule 2.
mushroom spawn has the meaning given by clause 36‑1 of Schedule 2.
nashi has the meaning given by clause 51‑1 of Schedule 2.
non‑carcase material has the meaning given by clause 14‑8 of Schedule 1.
oilseeds has the meaning given by clause 26‑1 of Schedule 2.
olive has the meaning given by clause 52‑1 of Schedule 2.
onion has the meaning given by clause 53‑1 of Schedule 2.
orange has the meaning given by clause 43‑3 of Schedule 2.
ostrich has the meaning given by clause 23‑1 of Schedule 1.
packing house means business premises at which fruit or dried fruit is packed, or fruit is dried and packed, for sale.
papaya has the meaning given by clause 54‑1 of Schedule 2.
passionfruit has the meaning given by clause 55‑1 of Schedule 2.
passionfruit carton has the meaning given by clause 55‑3 of Schedule 2.
pasture seeds has the meaning given by clause 27‑1 of Schedule 2.
pear has the meaning given by clause 38‑1 of Schedule 2.
pear juice includes:
(a) perry; and
(b) any other beverage distilled from pears.
persimmon has the meaning given by clause 56‑1 of Schedule 2.
pig has the meaning given by clause 13‑1 of Schedule 1.
pineapple has the meaning given by clause 57‑1 of Schedule 2.
plantation has the meaning given by clause 31‑3 of Schedule 2.
potato has the meaning given by clause 58‑1 of Schedule 2.
premises includes the following:
(a) a structure, building, vehicle, vessel or aircraft;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
process, in relation to an animal product or a plant product, has the meaning given by section 7.
processing establishment means business premises at which a process in relation to a product or goods is performed.
proprietor:
(a) in relation to an abattoir—means:
(i) if a licence is required under any law of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory to carry on abattoir activities—the person who holds the licence; or
(ii) if no licence is required under any such law—the person carrying on the business of operating the abattoir; and
(b) in relation to any other premises—means the person carrying on the business conducted at the premises.
Note 1: An example of an abattoir is a place where mobile abattoir activities are carried on.
Note 2: Examples of premises, other than an abattoir, are hatcheries, packing houses, sawmills and wineries.
prune has the meaning given by clause 59‑1 of Schedule 2.
queen bee has the meaning given by clause 2‑1 of Schedule 1.
Racing Australia has the meaning given by clause 12‑6 of Schedule 1.
ratite has the meaning given by clause 23‑1 of Schedule 1.
representative sample, of macadamias in shell, has the meaning given by clause 48‑1 of Schedule 2.
retail sale, of honey or a plant product, means a sale by a person of the honey or plant product, except the following:
(a) a sale to a business purchaser (whether directly or through a selling agent or buying agent or both);
(b) in relation to avocados, bananas, ginger, lychees, mangoes, papaya, persimmons, pineapples, rubus or table grapes—a sale to a consumer at a wholesale produce market.
Note: Example: A sale to a business purchaser (whether directly or through a selling agent or buying agent or both) at a wholesale produce market is an example of a sale covered by paragraph (a).
rice has the meaning given by clause 28‑1 of Schedule 2.
rubus has the meaning given by clause 60‑1 of Schedule 2.
Rules of the Australian Stud Book has the meaning given by clause 12‑6 of Schedule 1.
sale price, per head of sheep or lambs, has the meaning given by clause 14‑8 of Schedule 1.
seed cotton has the meaning given by clause 25‑1 of Schedule 2.
selling agent has the meaning given by section 6.
sheep means an animal of the species Ovis aries, but does not include lambs.
stone fruit has the meaning given by clause 61‑1 of Schedule 2.
strawberry has the meaning given by clause 62‑1 of Schedule 2.
strawberry runner has the meaning given by clause 62‑1 of Schedule 2.
sugarcane has the meaning given by clause 29‑1 of Schedule 2.
sugarcane plant has the meaning given by clause 29‑1 of Schedule 2.
sugarcane season has the meaning given by clause 29‑2 of Schedule 2.
sweet potato has the meaning given by clause 63‑1 of Schedule 2.
tea tree oil has the meaning given by clause 74‑1 of Schedule 2.
tree fruit has the meaning given by clause 45‑1 of Schedule 2.
turf has the meaning given by clause 75‑1 of Schedule 2.
value:
(a) of goat fibre—has the meaning given by clause 17‑2 of Schedule 1; or
(b) of grain—has the meaning given by clause 26‑5 of Schedule 2; or
(c) of sweet potatoes—has the meaning given by clause 63‑2 of Schedule 2; or
(d) of vegetables—has the meaning given by clause 64‑2 of Schedule 2; or
(e) of wool—has the meaning given by clause 18‑3 of Schedule 1.
wheat has the meaning given by clause 26‑1 of Schedule 2.
whole milk has the meaning given by clause 16‑1 of Schedule 1.
wine means an alcoholic beverage produced by the complete or partial fermentation of fresh grapes or products derived solely from fresh grapes, or both.
wine‑making has the meaning given by clause 69‑1 of Schedule 2.
winery has the meaning given by clause 69‑1 of Schedule 2.
worm treatment has the meaning given by clause 12‑10 of Schedule 1.
Buying agent (1) A person is a buying agent if: (a) the person buys products, goods or services on behalf of business purchasers of the products, goods or services; and (b) the person does so in the course of carrying on a business (including as a broker, wholesaler, settlement agent or solicitor). Selling agent (2) A person is a selling agent if: (a) the person sells products, goods or services on behalf of levy payers for the products, goods or services; and (b) the person does so in the course of carrying on a business (including as a broker, wholesaler, settlement agent or solicitor). Business purchaser (3) A person is a business purchaser if: (a) the person buys products, goods or services from levy payers for the products, goods or services; and (b) the person does so in the course of carrying on a business (including as a processor or feedlot operator).
Plant products (1) For the purposes of this instrument, process, in relation to a plant product, means the performance of an operation in relation to the plant product, except the following operations: (a) cleaning or washing; (b) brushing; (c) sorting; (d) grading; (e) packing; (f) storage; (g) transport; (h) delivery; (i) in relation to a plant product specified in column 1 of an item in this table (and in addition to paragraphs (a) to (h))—an operation specified in column 2 of that item.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Excluded operations—plant products</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span><br><span>Plant product</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span><br><span>Excluded operation</span></p></td></tr></thead><tbody><tr><td style="width:8.58%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:45.7%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Almonds</span></p></td><td style="width:45.72%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The following:</span></p><p class="Tablea"><span>(a) hulling;</span></p><p class="Tablea"><span>(b) shelling</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Apples, avocados, bananas, citrus, custard apples, mangoes, melons, nashi, papaya, passionfruit, pears, persimmons, pineapples and stone fruit</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Fruit conditioning operations, including ripening</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Chestnuts</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The following:</span></p><p class="Tablea"><span>(a) removing the burr or outside casing;</span></p><p class="Tablea"><span>(b) peeling</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Grain</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The following:</span></p><p class="Tablea"><span>(a) treatment with a pesticide or another preserving agent;</span></p><p class="Tablea"><span>(b) drying or aerating</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Logs</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Debarking</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Macadamia dried kernels</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The following:</span></p><p class="Tablea"><span>(a) dehusking;</span></p><p class="Tablea"><span>(b) drying</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><a id="_Hlk148685334"><span>7</span></a></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Pineapples</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Removing the short leafy stem that grows from one end of a pineapple</span></p></td></tr></tbody></table>
Animal products (2) For the purposes of this instrument, process, in relation to an animal product, means the performance of an operation in relation to the animal product, except the following operations: (a) sorting; (b) grading; (c) packing; (d) storage; (e) transport; (f) delivery; (g) in relation to an animal product specified in column 1 of an item in this table (and in addition to paragraphs (a) to (f))—an operation specified in column 2 of that item.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Excluded operations—animal products</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span><br><span>Animal product</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span><br><span>Excluded operation</span></p></td></tr></thead><tbody><tr><td style="width:8.58%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:45.7%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Farmed prawns</span></p></td><td style="width:45.72%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The following:</span></p><p class="Tablea"><span>(a) cleaning;</span></p><p class="Tablea"><span>(b) freezing</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Whole milk</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Chilling</span></p></td></tr></tbody></table>
For the purposes of this instrument, the question of whether 2 bodies corporate are related to each other is to be determined in the same way as for the purposes of the Corporations Act 2001.
For the purposes of Parts 2 to 6 of the Act, the Schedules have effect.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Primary Industries (Excise) Levies Regulations 2024.
This instrument is made under the Primary Industries (Excise) Levies Act 2024.
This instrument complements the Primary Industries (Excise) Levies Act 2024 by:
(a) imposing levies in relation to animal products, plant products, fungus products or algal products that are produce of a primary industry; and
(b) imposing levies in relation to goods that are of a kind consumed by, or used in the maintenance or treatment of, animals, plants, fungi or algae; and
(c) imposing levies in relation to goods that are for use in the production or preparation of nursery products.
Each set of provisions imposing a levy also deals with:
(a) any exemptions from the levy; and
(b) the rate of the levy; and
(c) the person who is liable to pay the levy (the levy payer).
Some products have multiple levies.
In this instrument:
Act means the Primary Industries (Excise) Levies Act 2024.
Agaricus mushroom has the meaning given by clause 36‑1 of Schedule 2.
Agvet Code has the meaning given by clause 12‑10 of Schedule 1.
almond has the meaning given by clause 37‑1 of Schedule 2.
apple has the meaning given by clause 38‑1 of Schedule 2.
apple juice includes:
(a) cider; and
(b) any other beverage distilled from apples.
Australia:
(a) when used in a geographical sense in a provision of this instrument, does not include the external Territories, unless paragraph (b) applies; or
(b) when used in a geographical sense in a provision of this instrument that extends to an external Territory, includes that external Territory.
Note: Section 6 of the Act allows this instrument to extend any provisions of this instrument to an external Territory.
Australian Stud Book has the meaning given by clause 12‑6 of Schedule 1.
avocado has the meaning given by clause 39‑1 of Schedule 2.
banana has the meaning given by clause 40‑1 of Schedule 2.
bobby calf has the meaning given by clause 9‑7 of Schedule 1.
bovine animal means an animal of the genus Bos.
buffalo has the meaning given by clause 8‑1 of Schedule 1.
business purchaser has the meaning given by section 6.
buying agent has the meaning given by section 6.
cattle means bovine animals other than buffalo.
certification scheme has the meaning given by clause 27‑1 of Schedule 2.
cherry has the meaning given by clause 41‑1 of Schedule 2.
chestnut has the meaning given by clause 42‑1 of Schedule 2.
chicken means a bird of the species Gallus gallus domesticus.
citrus has the meaning given by clause 43‑1 of Schedule 2.
citrus box has the meaning given by clause 43‑2 of Schedule 2.
coarse grains has the meaning given by clause 26‑1 of Schedule 2.
cold carcase weight of a carcase means the weight of the carcase that is weighed 2 hours or more after slaughter.
cotton fibre has the meaning given by clause 25‑1 of Schedule 2.
cotton plant has the meaning given by clause 25‑1 of Schedule 2.
covered, for a mare, has the meaning given by clause 12‑6 of Schedule 1.
custard apple has the meaning given by clause 44‑1 of Schedule 2.
custard apple box has the meaning given by clause 44‑3 of Schedule 2.
custard apple tray has the meaning given by clause 44‑3 of Schedule 2.
dairy cattle means cattle held for use for the production of milk, or for purposes incidental to the production of milk, and includes:
(a) dairy cows; and
(b) dairy heifers; and
(c) calves that are the progeny of dairy cows; and
(d) bulls used, or held for use, for the purpose of fertilising dairy cows or dairy heifers.
declaration of service has the meaning given by clause 12‑6 of Schedule 1.
deer has the meaning given by clause 10‑1 of Schedule 1.
emu has the meaning given by clause 23‑1 of Schedule 1.
farmed prawns has the meaning given by clause 20‑1 of Schedule 1.
feedlot means a constructed facility where:
(a) cattle are confined and managed; and
(b) cattle have access to designated watering points; and
(c) cattle are fed a nutritious prepared ration for the purpose of efficient growth.
fresh grape equivalent:
(a) of a quantity of dried grapes—means a number of tonnes equal to the number worked out by multiplying the number of tonnes of the dried grapes by 3; or
(b) of a quantity of grape juice—means a number of tonnes equal to the number worked out by:
(i) for single‑strength grape juice—dividing the number of litres of the quantity of single‑strength grape juice by 800; or
(ii) for concentrated grape juice—dividing the number of litres of single‑strength grape juice, from which the concentrated grape juice was derived, by 800.
Note: Example 1: For 6 tonnes of dried grapes, the fresh grape equivalent is 18 tonnes.
Note: Example 2: For 3,200 litres of single‑strength grape juice, the fresh grape equivalent is 4 tonnes.
Note: Example 3: Assume 1,400 litres of concentrated grape juice is derived from 5,600 litres of single‑strength grape juice. The fresh grape equivalent is 7 tonnes.
fruit juice includes:
(a) apple juice; and
(b) pear juice.
game animal has the meaning given by clause 21‑1 of Schedule 1.
ginger has the meaning given by clause 46‑1 of Schedule 2.
goat means an animal of the genus Capra.
grain has the meaning given by clause 26‑1 of Schedule 2.
grain‑fed beef products means meat products that are certified as Grain Fed, Grain Fed Finished or Grain Fed Young Beef in accordance with the Australian Meat Industry Classification System published by AUS‑MEAT Limited, as that system exists from time to time.
grain legumes has the meaning given by clause 26‑1 of Schedule 2.
grape means a fruit of the genus Vitis.
grape juice means grape juice produced in Australia, from grapes grown in Australia, whether single‑strength or concentrated.
grape processing premises has the meaning given by clause 68‑1 of Schedule 2.
hatchery means any place at which chickens are hatched for commercial purposes.
Note: Example: A barn, shed or specialist hatchery are examples of such places.
horse means an animal of the family Equidae.
hot carcase weight of a carcase means the weight of the carcase that is weighed within 2 hours after slaughter.
lamb means an animal of the species Ovis aries that:
(a) is under 12 months of age; or
(b) does not have any permanent incisor teeth in wear.
laying chicken means a female chicken that is to be raised for egg production.
licensed dairy farmer means the person having day to day control of licensed dairy premises.
licensed dairy premises means premises that, under the law of the State or Territory in which the premises are situated, are authorised for use as a dairy farm.
lot‑fed cattle means cattle that:
(a) are fed in a feedlot; and
(b) are so fed for the purpose of being later used in the production of grain‑fed beef products.
lychee has the meaning given by clause 47‑1 of Schedule 2.
macadamia dried kernel has the meaning given by clause 48‑1 of Schedule 2.
macadamia in shell has the meaning given by clause 48‑1 of Schedule 2.
macadamia nut has the meaning given by clause 48‑1 of Schedule 2.
macropod has the meaning given by clause 22‑1 of Schedule 1.
mango has the meaning given by clause 49‑1 of Schedule 2.
manufactured feed has the meaning given by clause 12‑10 of Schedule 1.
mare has the meaning given by clause 12‑6 of Schedule 1.
mare return has the meaning given by clause 12‑6 of Schedule 1.
meat chicken has the meaning given by clause 6‑1 of Schedule 1.
melon has the meaning given by clause 50‑1 of Schedule 2.
mushroom spawn has the meaning given by clause 36‑1 of Schedule 2.
nashi has the meaning given by clause 51‑1 of Schedule 2.
non‑carcase material has the meaning given by clause 14‑8 of Schedule 1.
oilseeds has the meaning given by clause 26‑1 of Schedule 2.
olive has the meaning given by clause 52‑1 of Schedule 2.
onion has the meaning given by clause 53‑1 of Schedule 2.
orange has the meaning given by clause 43‑3 of Schedule 2.
ostrich has the meaning given by clause 23‑1 of Schedule 1.
packing house means business premises at which fruit or dried fruit is packed, or fruit is dried and packed, for sale.
papaya has the meaning given by clause 54‑1 of Schedule 2.
passionfruit has the meaning given by clause 55‑1 of Schedule 2.
passionfruit carton has the meaning given by clause 55‑3 of Schedule 2.
pasture seeds has the meaning given by clause 27‑1 of Schedule 2.
pear has the meaning given by clause 38‑1 of Schedule 2.
pear juice includes:
(a) perry; and
(b) any other beverage distilled from pears.
persimmon has the meaning given by clause 56‑1 of Schedule 2.
pig has the meaning given by clause 13‑1 of Schedule 1.
pineapple has the meaning given by clause 57‑1 of Schedule 2.
plantation has the meaning given by clause 31‑3 of Schedule 2.
potato has the meaning given by clause 58‑1 of Schedule 2.
premises includes the following:
(a) a structure, building, vehicle, vessel or aircraft;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
process, in relation to an animal product or a plant product, has the meaning given by section 7.
processing establishment means business premises at which a process in relation to a product or goods is performed.
proprietor:
(a) in relation to an abattoir—means:
(i) if a licence is required under any law of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory to carry on abattoir activities—the person who holds the licence; or
(ii) if no licence is required under any such law—the person carrying on the business of operating the abattoir; and
(b) in relation to any other premises—means the person carrying on the business conducted at the premises.
Note 1: An example of an abattoir is a place where mobile abattoir activities are carried on.
Note 2: Examples of premises, other than an abattoir, are hatcheries, packing houses, sawmills and wineries.
prune has the meaning given by clause 59‑1 of Schedule 2.
queen bee has the meaning given by clause 2‑1 of Schedule 1.
Racing Australia has the meaning given by clause 12‑6 of Schedule 1.
ratite has the meaning given by clause 23‑1 of Schedule 1.
representative sample, of macadamias in shell, has the meaning given by clause 48‑1 of Schedule 2.
retail sale, of honey or a plant product, means a sale by a person of the honey or plant product, except the following:
(a) a sale to a business purchaser (whether directly or through a selling agent or buying agent or both);
(b) in relation to avocados, bananas, ginger, lychees, mangoes, papaya, persimmons, pineapples, rubus or table grapes—a sale to a consumer at a wholesale produce market.
Note: Example: A sale to a business purchaser (whether directly or through a selling agent or buying agent or both) at a wholesale produce market is an example of a sale covered by paragraph (a).
rice has the meaning given by clause 28‑1 of Schedule 2.
rubus has the meaning given by clause 60‑1 of Schedule 2.
Rules of the Australian Stud Book has the meaning given by clause 12‑6 of Schedule 1.
sale price, per head of sheep or lambs, has the meaning given by clause 14‑8 of Schedule 1.
seed cotton has the meaning given by clause 25‑1 of Schedule 2.
selling agent has the meaning given by section 6.
sheep means an animal of the species Ovis aries, but does not include lambs.
stone fruit has the meaning given by clause 61‑1 of Schedule 2.
strawberry has the meaning given by clause 62‑1 of Schedule 2.
strawberry runner has the meaning given by clause 62‑1 of Schedule 2.
sugarcane has the meaning given by clause 29‑1 of Schedule 2.
sugarcane plant has the meaning given by clause 29‑1 of Schedule 2.
sugarcane season has the meaning given by clause 29‑2 of Schedule 2.
sweet potato has the meaning given by clause 63‑1 of Schedule 2.
tea tree oil has the meaning given by clause 74‑1 of Schedule 2.
tree fruit has the meaning given by clause 45‑1 of Schedule 2.
turf has the meaning given by clause 75‑1 of Schedule 2.
value:
(a) of goat fibre—has the meaning given by clause 17‑2 of Schedule 1; or
(b) of grain—has the meaning given by clause 26‑5 of Schedule 2; or
(c) of sweet potatoes—has the meaning given by clause 63‑2 of Schedule 2; or
(d) of vegetables—has the meaning given by clause 64‑2 of Schedule 2; or
(e) of wool—has the meaning given by clause 18‑3 of Schedule 1.
wheat has the meaning given by clause 26‑1 of Schedule 2.
whole milk has the meaning given by clause 16‑1 of Schedule 1.
wine means an alcoholic beverage produced by the complete or partial fermentation of fresh grapes or products derived solely from fresh grapes, or both.
wine‑making has the meaning given by clause 69‑1 of Schedule 2.
winery has the meaning given by clause 69‑1 of Schedule 2.
worm treatment has the meaning given by clause 12‑10 of Schedule 1.
Buying agent (1) A person is a buying agent if: (a) the person buys products, goods or services on behalf of business purchasers of the products, goods or services; and (b) the person does so in the course of carrying on a business (including as a broker, wholesaler, settlement agent or solicitor). Selling agent (2) A person is a selling agent if: (a) the person sells products, goods or services on behalf of levy payers for the products, goods or services; and (b) the person does so in the course of carrying on a business (including as a broker, wholesaler, settlement agent or solicitor). Business purchaser (3) A person is a business purchaser if: (a) the person buys products, goods or services from levy payers for the products, goods or services; and (b) the person does so in the course of carrying on a business (including as a processor or feedlot operator).
Plant products (1) For the purposes of this instrument, process, in relation to a plant product, means the performance of an operation in relation to the plant product, except the following operations: (a) cleaning or washing; (b) brushing; (c) sorting; (d) grading; (e) packing; (f) storage; (g) transport; (h) delivery; (i) in relation to a plant product specified in column 1 of an item in this table (and in addition to paragraphs (a) to (h))—an operation specified in column 2 of that item.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Excluded operations—plant products</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:45.7%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span><br><span>Plant product</span></p></td><td style="width:45.72%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p
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