22Disbursement of amounts—white spot disease repayment levy and white spot disease repayment export charge

22 Disbursement of amounts—white spot disease repayment levy and white spot disease repayment export charge

Prescribed imposition provisions (1) For the purposes of subsection 36(2) of the Act, the prescribed provisions are the following: (a) subclause 20‑1(2) of Schedule 1 to the Levies Regulations (white spot disease repayment levy); (b) subclause 20‑1(2) of Schedule 1 to the Charges Regulations (white spot disease repayment export charge).

Note: Amounts equal to white spot disease repayment levy or white spot disease repayment export charge received by or on behalf of the Commonwealth:

(a) are initially retained by the Commonwealth to repay the government‑underwritten assistance package provided to prawn farmers affected by white spot disease in the Logan River area of Queensland; and
(b) after the farmed prawn industry’s liability to the Commonwealth is repaid, are to be paid to the Fisheries Research and Development Corporation under the Act.

Prescribed amounts (2) For the purposes of subsection 36(2) of the Act, the prescribed amounts in relation to the levy covered by that subsection are the following amounts: (a) the amount of the final repayment year surplus that is attributable to that levy (as worked out under subsection (4) of this section); (b) any amounts of that levy that are due for payment before the end of the final repayment year but are not received by the Commonwealth before the end of that year; (c) any amounts of that levy that are due for payment after the end of the final repayment year. (3) For the purposes of subsection 36(2) of the Act, the prescribed amounts in relation to the charge covered by that subsection are the following amounts: (a) the amount of the final repayment year surplus that is attributable to that charge (as worked out under subsection (4) of this section); (b) any amounts of that charge that are due for payment before the end of the final repayment year but are not received by the Commonwealth before the end of that year; (c) any amounts of that charge that are due for payment after the end of the final repayment year. Final repayment year surplus attributable to a levy or charge (4) The amount of the final repayment year surplus that is attributable to a levy or charge covered by subsection 36(2) of the Act is worked out using this formula: Start formula start fraction Relevant repayment amount for the final repayment year over Total repayment amount for the final repayment year end fraction times Final repayment year surplus end formula Outstanding industry debt (5) The outstanding industry debt at the end of a financial year commencing on or after 1 July 2025 (the repayment year) is: (a) if the total repayment amount for the repayment year is less than the outstanding industry debt at the end of the immediately preceding financial year—the amount worked out by calculating the difference between that outstanding industry debt and the total repayment amount for the repayment year and multiplying that difference by the indexation factor for the repayment year; or (b) otherwise—nil. (6) The outstanding industry debt at the end of the financial year commencing on 1 July 2024 is the amount worked out in accordance with regulation 4BA of the former Fisheries Research and Development Corporation Regulations 1991. (7) The indexation factor for a financial year is the number worked out by dividing the index number for the financial year by the index number for the immediately preceding financial year. (8) The index number for a financial year means the All Groups Consumer Price Index number (being the weighted average of 8 capital cities) published by the Australian Statistician for that year. (9) An indexation factor worked out under subsection (7) is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more). (10) In working out an indexation factor under subsection (7): (a) use only index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and (b) disregard index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period). (11) For the purposes of subsection (5), the outstanding industry debt at the end of a financial year is to be rounded to the nearest whole cent (rounding 0.5 cents upwards). Definitions (12) In this instrument:

final repayment year means the first financial year ending after the commencement of this section when the outstanding industry debt at the end of the year is nil.

final repayment year surplus means the amount that is the difference between:

(a) the total repayment amount for the final repayment year; and
(b) the outstanding industry debt at the end of the financial year immediately preceding the final repayment year.

relevant repayment amount for the final repayment year means the amount worked out by:

(a) calculating the total amount of that levy or charge received by the Commonwealth during the final repayment year; and
(b) adding any amounts of penalty received by the Commonwealth during the final repayment year for non‑payment of that levy or charge; and
(c) subtracting any overpaid amounts of that levy or charge, and any overpaid amounts of penalty for non‑payment of that levy or charge, that were refunded by the Commonwealth during the final repayment year (whether or not those overpaid amounts were received by the Commonwealth during the final repayment year).

repayment charge means the following:

(a) charge imposed by subclause 20‑1(2) of Schedule 1 to the Primary Industries (Customs) Charges Regulations 2024;
(b) charge imposed by Division 2.3 of Part 2 of Schedule 14 to the former Primary Industries (Customs) Charges Regulations 2000.

repayment levy means the following:

(a) levy imposed by subclause 20‑1(2) of Schedule 1 to the Primary Industries (Excise) Levies Regulations 2024;
(b) levy imposed by Division 3.3 of Part 3 of Schedule 27 to the former Primary Industries (Excise) Levies Regulations 1999.

total repayment amount for a financial year means the amount worked out by:

(a) calculating the total amount of all repayment levies and all repayment charges received by the Commonwealth during the financial year; and
(b) adding any amounts of penalty received by the Commonwealth during the financial year for non‑payment of repayment levy or repayment charge; and
(c) subtracting any overpaid amounts of repayment levy or repayment charge, and any overpaid amounts of penalty for non‑payment of repayment levy or repayment charge, that were refunded by the Commonwealth during the financial year (whether or not those overpaid amounts were received by the Commonwealth during the financial year).