Primary Industries (Excise) Levies Regulations 2024
11‑7 Exemptions from the levy11‑7 Exemptions from the levy
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11‑7 Exemptions from the levy
Ownership exemption—related bodies corporate (1) Levy is not imposed by subclause 11‑6(1) in circumstances where there is a transfer of ownership of goats between related bodies corporate, where the body corporate acquiring the goats is not a proprietor of an abattoir. Ownership exemption—goats not fit for human consumption (2) Levy is not imposed by subclause 11‑6(1) in circumstances where there is a transfer of ownership of goats if: (a) the person acquiring the goats is the proprietor of an abattoir; and (b) the goats are not, at the time of the transfer of ownership, fit for human consumption because of the operation of a law of the Commonwealth, a State or a Territory. Ownership exemption—export licence holders (3) If levy is imposed by subclause 11‑6(1) in circumstances where there is a transfer of ownership of goats to the holder of an export licence granted under section 191 of the Export Control Act 2020 (the first licence holder), levy is not imposed by that subclause in circumstances where there is any further transfer of ownership of the goats to another holder of such a licence if: (a) the goats are exported from Australia; and (b) the goats are exported 30 days or less after being acquired by the first licence holder. Ownership exemption—goats intended for export (4) Levy is not imposed by subclause 11‑6(1) in circumstances where there is a transfer of ownership of goats if the transfer occurs: (a) immediately before they are loaded, or during the period they are loaded, on a ship or aircraft in which they are intended to be exported; or (b) while they are on board a ship or aircraft in which they are intended to be exported. Ownership exemption—general exclusions (5) Levy is not imposed by subclause 11‑6(1) in circumstances where there is a transfer of ownership of goats: (a) as a result of a sale or transfer ordered by a court in proceedings under the Family Law Act 1975; or (b) by devolution on the death of the owner of the goats; or (c) on the happening of events referred to in subsection 70‑100(1) of the Income Tax Assessment Act 1997. Slaughter exemption—continuing ownership (6) Levy is not imposed by subclause 11‑6(2) on the slaughter of goats if: (a) the goats are delivered to the abattoir for slaughter on behalf of the person who owns the goats; and (b) the delivery occurs within 14 days after the acquisition of the goats by that person; and (c) that person: (i) if the hot carcase weight of the carcases is determined by the proprietor of the abattoir—owns the carcases immediately after that hot carcase weight is determined; or (ii) otherwise—owns the carcases immediately after the slaughter. Slaughter exemption—goats not fit for human consumption (7) Levy is not imposed by subclause 11‑6(2) on the slaughter of goats if the goats are not, at the time of the delivery to the abattoir, fit for human consumption because of the operation of a law of the Commonwealth, a State or a Territory. Slaughter exemption—personal consumption (8) Levy is not imposed by subclause 11‑6(3) or (4) on the slaughter of goats for consumption by the owner of the goats, members of the owner’s family or the owner’s employees.