Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) algal product;
(b) animal;
(c) animal product;
(d) charge;
(e) charge payer;
(f) collection agent;
(g) equivalent amount;
(h) fungus product;
(i) levy;
(j) levy payer;
(k) plant;
(l) plant product.
In this instrument:
Act means the Primary Industries Levies and Charges Collection Act 2024.
Agvet Code means the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.
almond means a nut of the species Prunus dulcis.
apple means a fruit of any species of the genus Malus.
approved form, in relation to a provision of this instrument, means a form approved in an instrument under section 8 for the purposes of that provision.
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 Kuruma prawn means an animal of the species Penaeus pulchricaudatus (formerly known as Penaeus japonicus).
Australian Stud Book means the publication of that name, as in force from time to time, that:
(a) contains the official records of thoroughbred bloodlines in Australia; and
(b) is kept and maintained by Racing Australia.
avocado means a fruit of the species Persea americana.
banana means a fruit of any species of the genus Musa.
banana prawn means an animal of the species Penaeus merguiensis, also known as Fenneropenaeus merguiensis.
black tiger prawn means an animal of the species Penaeus monodon.
bovine animal means an animal of the genus Bos.
brown tiger prawn means an animal of the species Penaeus esculentus.
buffalo means an animal of the species Bubalus bubalis.
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 means:
(a) any of the Organisation for Economic Co‑operation and Development Seed Schemes for the Varietal Certification of Seed; or
(b) the Australian Seed Certification Scheme; or
(c) the Association of Official Seed Certifying Agencies seed certification program.
cherry means a fruit of the species Prunus avium.
chestnut means a nut of the genus Castanea.
chicken means a bird of the species Gallus gallus domesticus.
citrus means a fruit of:
(a) any species of the genus Citrus or the genus Fortunella; or
(b) any hybrid between, or within, either of those genera;
including the fruit of plants commonly known as calomindin, citrons, cumquats, grapefruit, lemons, limes, mandarins, oranges, pummellos (pomelos), sevilles, tangelos, tangerines and tangors.
coarse grains means the seeds of a plant of a genus or species covered by column 2 of an item in this table (and with the common name mentioned in column 1 of that item).
Coarse grains—kind of plant
Item Column 1 Common name Column 2 Genus or species
1 Barley Hordeum vulgare
2 Canary seed Phalaris canariensis
3 Cereal rye Secale cereale
4 Grain sorghum Sorghum bicolor
5 Maize Zea mays
6 Millet Echinochloa frumantacea, Echinochloa esculenta (synonym Echinochloa utilis), Panicum miliaceum or Setaria italica
7 Oats Avena sativa
8 Triticale ×Triticosecale
cotton fibre means the natural fibrous hairs that are obtained from seed cotton by separating the hairs from the seeds.
cotton plant means a plant of the genus Gossypium.
custard apple means a fruit of:
(a) the species Annona cherimola, Annona muricata, Annona reticulata or Annona squamosa; or
(b) a hybrid between any of those species.
declaration of service means a declaration of service, in respect of a stallion, required to be lodged by the Rules of the Australian Stud Book.
deer means an animal of the family Cervidae.
Eastern school prawn means an animal of the species Metapenaeus macleayi.
emu means an animal of the species Dromaius novaehollandiae.
exporting agent has the meaning given by section 6.
farmed prawns means banana prawns, black tiger prawns, brown tiger prawns, Australian Kuruma prawns or Eastern school prawns that are produced by aquaculture.
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.
feedlot operator means the person who owns a feedlot.
fodder means the following that are for use for animal feed:
(a) hay (including oaten hay, lucerne hay and wheaten hay);
(b) straw (including cereal straw);
but does not include chaff, extruded products or silage.
forest products means:
(a) logs; or
(b) other goods that are classified to heading 4403, 4407, 4408, 4409, 4410, 4411 or 4412 of Schedule 3 to the Customs Tariff Act 1995.
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.
Example 1: For 6 tonnes of dried grapes, the fresh grape equivalent is 18 tonnes.
Example 2: For 3,200 litres of single‑strength grape juice, the fresh grape equivalent is 4 tonnes.
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.
game animal means a pig or goat.
ginger means a rhizome of the species Zingiber officinale.
goat means an animal of the genus Capra.
grain means wheat, coarse grains, oilseeds or grain legumes.
grain legumes means the seeds of a plant of a species covered by column 2 of an item in this table (and with the common name mentioned in column 1 of that item).
Grain legumes—kind of plant
1 Black gram Vigna mungo
2 Chickpeas Cicer arietinum
3 Common beans Phaseolus vulgaris
4 Common vetch Vicia sativa
5 Cowpeas Vigna unguiculata
6 Faba beans Vicia faba
7 Field peas Pisum sativum
8 Lentils Lens culinaris
9 Lupins Lupinus albus or Lupinus angustifolius
10 Mung beans Vigna radiata
11 Peanuts Arachis hypogaea
12 Pigeon peas Cajanus cajan
13 Wild cowpeas Vigna vexillata
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.
hatchery means any place at which chickens are hatched for commercial purposes.
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.
importing agent has the meaning given by section 6.
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.
liable collection agent has the meaning given by section 6.
lychee means a fruit of the species Litchi chinensis.
macadamia dried kernel means a macadamia nut kernel that has been artificially partly dried.
macadamia in shell means a macadamia nut after dehusking but before kernel extraction.
macadamia nut means a nut of the genus Macadamia.
macropod means an animal of the family Macropodidae.
mango means a fruit of the species Mangifera indica.
manufactured feed means feed that:
(a) is suitable for horses generally or horses of a particular kind; and
(b) has been prepared using one or more of the following processes:
(i) steaming or another cooking process;
(ii) flaking;
(iii) cubing of hay;
(iv) starch manipulation;
(v) blending 2 or more sorts of feed;
(vi) blending 1 or more sorts of feed with 1 or more dietary supplements, medications or modifiers.
mare means a female horse aged 4 years or more.
mare return means a mare return required to be lodged by the Rules of the Australian Stud Book.
meat chicken means a chicken that is to be raised for meat production.
melon means a fruit of any of the following species or varieties:
(a) Citrullus lanatus, commonly called watermelon;
(b) Cucumis melo, commonly called rockmelon;
(c) Cucumis melo var. cantalupensis, commonly called charentais melon;
(d) Cucumis melo var. inodorus, commonly called honeydew or piel de sapo;
(e) Cucumis melo var. makuwa, commonly called Korean melon;
(f) Cucumis melo var. reticulatus, commonly called galia melon or hami melon;
(g) Cucumis metuliferus, commonly called horned melon.
mushroom spawn means Agaricus spp mycelia contained in a medium and used for the inoculation of phase 2 substrate, including (but not limited to) grain spawn, casing inoculum and inoculated supplement.
nashi means a fruit of the species Pyrus pyrifolia.
oilseeds means the seeds of a plant of a species covered by column 2 of an item in this table (and with the common name mentioned in column 1 of that item).
Oilseeds—kind of plant
1 Linseed Linum usitatissimum
2 Rape seed Brassica napus
3 Safflower seed Carthamus tinctorius
4 Soybean Glycine max
5 Sunflower seed Helianthus annuus
olive means a fruit of the species Olea europaea.
onion means a bulb of the species Allium cepa, but does not include shallots (Allium cepa var. aggregatum).
orange means a fruit of the species Citrus sinensis.
ostrich means an animal of the species Struthio camelus.
packing house means business premises at which fruit or dried fruit is packed, or fruit is dried and packed, for sale.
papaya means a fruit of the species Carica papaya.
Note: Papaya is also known as pawpaw, papaw and paw paw.
passionfruit means a fruit of the species Passiflora edulis, including P. edulis f. flavicarpa.
pasture seeds means seeds of a plant of a species specified in column 2 of an item in this table (and with the common name mentioned in column 1 of that item).
pear means a fruit of any species of the genus Pyrus, except nashi.
persimmon means a fruit of the species Diospyros kaki.
pig means an animal of the family Suidae.
pineapple means a fruit of any species of the genus Ananas.
potato means a tuber of the species Solanum tuberosum.
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.
product means an animal product, a plant product, a fungus product or an algal product (whether or not any operations have been performed in relation to the product).
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 means a fruit of the species Prunus domestica, dried whole with the pit retained.
quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April.
queen bee means a fertile female bee of the species Apis mellifera (commonly known as the European honeybee).
Racing Australia means Racing Australia Limited (ACN 105 994 330).
ratite means an emu or ostrich.
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.
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 means the grain of the species Oryza sativa.
rubus means a fruit of:
(a) any species of the genus Rubus; or
(b) any hybrid within that genus.
Note: Rubus includes raspberries, blackberries and hybrid brambles such as silvanberries, boysenberries, loganberries, youngberries and marionberries but does not include strawberries, blueberries or a fruit of any species of the genus Ribes such as gooseberries, red currants, black currants and white currants.
Rules of the Australian Stud Book means the rules of the Australian Stud Book published by Racing Australia, as those rules are in force from time to time.
Note: The rules of the Australian Stud Book could in 2024 be viewed on the Australian Stud Book website (www.studbook.org.au).
seed cotton means the seed with the natural fibrous hairs attached, harvested from the ripened bolls of the cotton plant.
seed ginger means ginger which is divided into pieces for planting.
selling agent has the meaning given by section 6.
sheep means an animal of the species Ovis aries, but does not include lambs.
(iii) Prunus persica, commonly called nectarine or peach; or
(b) a hybrid between any of those species.
strawberry runner means:
(a) a daughter plant originating at a node on the stolon of a mother plant of the species Fragaria X Ananassa; or
(b) a plant produced by tissue culture to propagate the species Fragaria X Ananassa.
sugarcane means:
(a) the stalks (whether whole or not) of the sugarcane plant; or
(b) the stalks (whether whole or not) and leaves of the sugarcane plant.
sugarcane plant means a plant of the genus Saccharum, including any hybrids within that genus.
sugarcane season means the period that:
(a) begins on 1 March in a calendar year; and
(b) ends at the end of the last day of February in the next calendar year.
sweet potato means the starchy, storage roots of the species known as Ipomoea batatas.
tea tree oil means oil distilled from Melaleuca alternifolia in accordance with the standard produced by the International Organization for Standardization and known as ISO 4730:2017 Essential oil of Melaleuca, terpinen‑4‑ol type (Tea Tree oil), as in force from time to time.
threshold calendar month:
(a) in a calendar year in relation to macadamias in shell or macadamia dried kernels—has the meaning given by clause 48‑1 of Schedule 2; and
(b) in a financial year:
(i) in relation to a hatchery and laying chickens—has the meaning given by clause 5‑1 of Schedule 1; and
(ii) in relation to a hatchery and meat chickens—has the meaning given by clause 6‑1 of Schedule 1; and
(c) in a sugarcane season in relation to a processing establishment—has the meaning given by clause 29‑1 of Schedule 2.
threshold quarter:
(a) in a financial year:
(i) in relation to chestnuts—has the meaning given by clause 42‑1 of Schedule 2; and
(ii) in relation to grain—has the meaning given by clause 26‑1 of Schedule 2; and
(iii) in relation to logs—has the meaning given by clause 31‑1 of Schedule 2; and
(iv) in relation to melons—has the meaning given by clause 50‑1 of Schedule 2; and
(v) in relation to queen bees—has the meaning given by clause 2‑1 of Schedule 1; and
(vi) in relation to turf—has the meaning given by clause 75‑1 of Schedule 2; and
(b) in a calendar year:
(i) in relation to goat fibre—has the meaning given by clause 17‑1 of Schedule 1; and
(ii) in relation to honey—has the meaning given by clause 3‑1 of Schedule 1; and
(iii) in relation to potatoes—has the meaning given by clause 58‑1 of Schedule 2.
tree fruit means a fruit of:
(a) the genus Pyrus, commonly called pear; or
(b) the species Prunus armeniaca, commonly called apricot; or
(c) the species Prunus persica, commonly called peach or nectarine; or
(d) the species Prunus domestica, Prunus salicina, Prunus besseyi, Prunus americana, Prunus nigra, Prunus munsoniana, Prunus insititia, Prunus cerasifera or Prunus spinosa, commonly called plum; or
(e) a hybrid between any of the species covered by paragraph (b), (c) or (d).
Note: Nashi is an example of a fruit covered by paragraph (a) of this definition.
turf means a living grass species that forms a uniform ground cover.
usual return period means a quarter or a calendar month.
wheat means the seeds of a plant of the genus Triticum.
whole milk means the lacteal fluid product of a dairy cow, where that product contains all its constituents as received from the dairy cow.
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 means:
(a) a step in the manufacture of wine (including wine used, or intended for use, in the manufacture of brandy); or
(b) a step in the production of grape spirit suitable for the fortifying of wine or the manufacture of brandy; or
(c) the addition of single‑strength grape juice or concentrated grape juice to wine;
but does not include:
(d) the extraction of juice from grapes; or
(e) the concentration of grape juice.
winery: premises are a winery during a financial year if the sum of the following is at least 5 tonnes during that year or either of the last 2 financial years:
(a) the total quantity of fresh grapes used in wine‑making at the premises;
(b) in relation to each quantity of dried grapes used in wine‑making at the premises—the fresh grape equivalent of those dried grapes;
(c) in relation to each quantity of grape juice used in wine‑making at the premises—the fresh grape equivalent of that grape juice.
worm treatment means a veterinary chemical product (within the meaning of the Agvet Code) for which all the following conditions are met:
(a) the product is a registered chemical product (within the meaning of the Agvet Code);
(b) there are instructions for use of the product that are in the Register (within the meaning of the Agvet Code);
(c) those instructions:
(i) are for use of the product for treatment of horses for internal parasites; and
(ii) are not for use of the product for treatment of other animals for internal parasites.