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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Export Inspection (Quantity Charge)
Amendment Bill 2014
No. , 2014
(Agriculture)
A Bill for an Act to amend legislation relating to
exports, and for related purposes
No. , 2014
Export Inspection (Quantity Charge) Amendment Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Export Inspection (Quantity Charge) Act 1985
3
No. , 2014
Export Inspection (Quantity Charge) Amendment Bill 2014
1
A Bill for an Act to amend legislation relating to
1
exports, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Export Inspection (Quantity Charge)
5
Amendment Act 2014.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Export Inspection (Quantity Charge) Amendment Bill 2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
At the same time as the Export Legislation
Amendment Act 2014 commences.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2014
Export Inspection (Quantity Charge) Amendment Bill 2014
3
Schedule 1
--Amendments
1
2
Export Inspection (Quantity Charge) Act 1985
3
1 Title
4
Omit "commodities", substitute "goods".
5
2 Section 3
6
Omit "The", substitute "Subject to section 4, the".
7
3 Subsection 4(1)
8
Insert:
9
prescribed goods has the same meaning as in the Export Control
10
Act 1982.
11
4 Subsection 4(2)
12
Omit "a prescribed commodity" (wherever occurring), substitute
13
"prescribed goods".
14
5 Paragraph 4(2)(a)
15
Omit "prescribed commodity is", substitute "prescribed goods are".
16
6 Paragraph 4(2)(b)
17
Omit "prescribed commodity was", substitute "prescribed goods were".
18
7 Paragraph 4(2)(c)
19
Omit "prescribed commodity is", substitute "prescribed goods are".
20
8 Paragraphs 4(2)(d) and (e)
21
Omit "prescribed commodity", substitute "prescribed goods".
22
9 Subsection 6(1)
23
Repeal the subsection, substitute:
24
(1) Charge is imposed on prescribed goods in respect of which an
25
export permit is granted, whether or not that permit is also granted
26
in respect of other prescribed goods.
27
Schedule 1 Amendments
4
Export Inspection (Quantity Charge) Amendment Bill 2014
No. , 2014
10 Subsection 6(1D)
1
Omit "a prescribed commodity", substitute "prescribed goods".
2
11 Paragraph 6(1D)(a)
3
Omit "commodity, whether or not that other permit was also granted in
4
respect of another commodity", substitute "goods, whether or not that
5
other permit was also granted in respect of other goods".
6
12 Subsection 6(1E)
7
Repeal the subsection.
8
13 Subsection 6(2)
9
Omit "a prescribed commodity", substitute "prescribed goods".
10
14 Subsection 6(3)
11
Omit "prescribed commodities", substitute "prescribed goods".
12
15 Section 7
13
Repeal the section, substitute:
14
7 Rates of charge
15
(1) The rate of charge (if any) in respect of a prescribed good is the
16
rate prescribed by the regulations for that good.
17
Note:
The regulations may prescribe different rates of charge for different
18
classes of prescribed goods (see subsection 13(3) of the Legislative
19
Instruments Act 2003).
20
(2) However, the rate of charge in respect of grain must not exceed:
21
(a) $5 per tonne, when shipped for export in a container system
22
unit; and
23
(b) $1 per tonne, in any other case.
24
16 Section 8
25
Repeal the section, substitute:
26
Amendments Schedule 1
No. , 2014
Export Inspection (Quantity Charge) Amendment Bill 2014
5
8 Weight or volume of prescribed goods
1
Disregard any covering's weight or volume
2
(1) For the purposes of this Act, if:
3
(a) the amount of charge in respect of a prescribed good is
4
calculated by reference to weight or volume; and
5
(b) the prescribed good is, or is to be, packed in a covering;
6
disregard the weight or volume of the covering when calculating
7
the weight or volume of the prescribed good.
8
Prescribed goods in a covering (other than can)
9
(2) For the purposes of this Act, if a covering (other than a can)
10
contains one or more prescribed goods and other matter, disregard
11
the other matter when calculating the charge payable in respect of
12
the prescribed goods. The total amount of charge payable is:
13
(a) if the covering contains a single prescribed good--the
14
amount of charge payable in respect of that good; and
15
(b) otherwise--the sum of the amounts of charge payable in
16
respect of each of the prescribed goods.
17
Single prescribed good in a can
18
(3) For the purposes of this Act, if a can contains a single prescribed
19
good and other matter:
20
(a) treat the can as containing only the prescribed good; and
21
(b) calculate the amount of charge payable in respect of the
22
prescribed good as if its weight and volume were the weight
23
and volume of the contents of the can.
24
Several prescribed goods in a can--rate calculated by weight
25
(4) For the purposes of this Act, if:
26
(a) a can contains more than one prescribed good, whether or not
27
it also contains other matter; and
28
(b) the rate of charge in respect of at least one of the prescribed
29
goods is calculated by reference to weight;
30
then:
31
Schedule 1 Amendments
6
Export Inspection (Quantity Charge) Amendment Bill 2014
No. , 2014
(c) treat the can as containing only the prescribed good (the
1
relevant good) that comprises the largest proportion of the
2
total weight of the contents of the can; and
3
(d) calculate the amount of charge payable in respect of the
4
relevant good as if its weight were the weight of the contents
5
of the can.
6
(5) For the purposes of this Act, if in the circumstances described in
7
paragraphs (4)(a) and (b), no prescribed good in the can exceeds
8
the weight of the others because 2 or more prescribed goods in the
9
can (the major goods) are of equal weight, then:
10
(a) if the rate of charge in respect of one of the major goods is
11
lower than the rate in respect of any of the others:
12
(i) treat the can as containing only that major good; and
13
(ii) calculate the amount of charge payable in respect of that
14
major good as if its weight were the weight of the
15
contents of the can; and
16
(b) otherwise--treat the can as containing only those major
17
goods, and calculate the amount of charge payable in respect
18
of them as if their combined weight were the weight of the
19
contents of the can.
20
Several prescribed goods in a can--rate calculated by volume
21
(6) For the purposes of this Act, if:
22
(a) a can contains more than one prescribed good, whether or not
23
it also contains other matter; and
24
(b) the rate of charge in respect of each of the prescribed goods
25
is calculated by reference to volume;
26
then:
27
(c) treat the can as containing only the prescribed good (the
28
relevant good) that comprises the largest proportion of the
29
total volume of the contents of the can; and
30
(d) calculate the amount of charge payable in respect of the
31
relevant good as if its volume were the volume of the
32
contents of the can.
33
(7) For the purposes of this Act, if in the circumstances described in
34
paragraphs (6)(a) and (b), no prescribed good in the can exceeds
35
the volume of the others because 2 or more prescribed goods in the
36
can (the major goods) are of equal volume, then:
37
Amendments Schedule 1
No. , 2014
Export Inspection (Quantity Charge) Amendment Bill 2014
7
(a) if the rate of charge in respect of one of the major goods is
1
lower than the rate in respect of any of the others:
2
(i) treat the can as containing only that major good; and
3
(ii) calculate the amount of charge payable in respect of that
4
major good as if its volume were the volume of the
5
contents of the can; and
6
(b) otherwise--treat the can as containing only those major
7
goods, and calculate the amount of charge payable in respect
8
of them as if their combined volume were the volume of the
9
contents of the can.
10
Special rules for the above subsections
11
(8) For the purposes of this section:
12
(a) treat as a single prescribed good 2 or more prescribed goods
13
that are in the same class of prescribed goods; and
14
(b) if alternative rates of charge are prescribed for a prescribed
15
good (one by reference to weight and the other to volume),
16
then disregard the rate that would result in the greater amount
17
of charge payable; and
18
(c) when working out the volume of the contents of a can,
19
disregard any gaseous matter in the can.
20
Note:
Paragraph (a) means, for example, that when this section refers to
21
more than one prescribed good it is referring to goods that together
22
fall within more than one class of prescribed goods.
23
17 Sections 9 and 10
24
Omit "a prescribed commodity" (wherever occurring), substitute
25
"prescribed goods".
26
18 Application of amendments
27
The amendments made by this Schedule apply in relation to export
28
permits granted on or after the first day of the first financial year
29
starting on or after the commencement of this Schedule.
30
19 Transitional
--initial regulations
31
(1)
This item applies to the Export Inspection (Quantity Charge)
32
Regulations 1985 (as in force immediately before the commencement of
33
this item).
34
Schedule 1 Amendments
8
Export Inspection (Quantity Charge) Amendment Bill 2014
No. , 2014
(2)
The regulations (to the extent that they specify or refer to commodities)
1
have effect, after the commencement of this item, as if any of those
2
commodities that is not a prescribed good (within the meaning of the
3
Export Control Act 1982) were disregarded.
4
(3)
The regulations (to the extent that they prescribe a rate of charge for the
5
purposes of subsection 7(1) of the Export Inspection (Quantity Charge)
6
Act 1985) have effect, after the commencement of this item, as if the
7
rate were prescribed for the purposes of that subsection as amended by
8
this Act.
9