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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Primary Industries (Customs) Charges
Amendment Bill 2013
No. , 2013
(Agriculture, Fisheries and Forestry)
A Bill for an Act to amend the law relating to
primary industry charges, and for related purposes
i Primary Industries (Customs) Charges Amendment Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 1
Schedule 1--Amendments
3
Primary Industries (Customs) Charges Act 1999
3
Primary Industries (Customs) Charges Amendment Bill 2013 No. , 2013 1
A Bill for an Act to amend the law relating to
1
primary industry charges, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Primary Industries (Customs)
5
Charges Amendment Act 2013.
6
2 Commencement
7
This Act commences on the day this Act receives the Royal
8
Assent.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Primary Industries (Customs) Charges Amendment Bill 2013 No. , 2013
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Amendments Schedule 1
Primary Industries (Customs) Charges Amendment Bill 2013 No. , 2013 3
Schedule 1
--
Amendments
1
2
Primary Industries (Customs) Charges Act 1999
3
1 Section 3
4
Omit "sets out", substitute "also deals with".
5
2 Paragraph 2(a) of Schedule 1
6
Omit "(not exceeding $18.00)".
7
3 Clause 2 of Schedule 1 (note 1)
8
Omit "and Energy".
9
4 After clause 3 of Schedule 1
10
Insert:
11
3A Regulations
12
(1) The Minister may, by notice in the Gazette, declare a body to be
13
the body whose recommendations about the amount to be
14
prescribed for the purposes of paragraph 2(a) of this Schedule are
15
to be taken into consideration under subclause (2).
16
(2) If a declaration is in force under subclause (1), then, before the
17
Governor-General makes regulations for the purposes of
18
paragraph 2(a) of this Schedule, the Minister must take into
19
consideration any relevant recommendation made to the Minister
20
by the body specified in the declaration.
21
(3) If there is no declaration in force under subclause (1), then, before
22
the Governor-General makes regulations for the purposes of
23
paragraph 2(a) of this Schedule, the Minister must take into
24
consideration any relevant recommendation made to the Minister
25
by the Rural Industries Research and Development Corporation.
26
(4) Before the Rural Industries Research and Development
27
Corporation makes such a recommendation to the Minister, the
28
Corporation must consult with the persons who are required to pay
29
the charge concerned.
30
Schedule 1 Amendments
4 Primary Industries (Customs) Charges Amendment Bill 2013 No. , 2013
(5) The regulations must not, for the purposes of paragraph 2(a) of this
1
Schedule, prescribe an amount greater than the amount
2
recommended to the Minister under subclause (2) or (3).
3
5 Paragraph 3(1)(a) of Schedule 2
4
Omit "(not exceeding 3 cents)".
5
6 Paragraph 3(1)(b) of Schedule 2
6
Omit "(not exceeding 0.5 cent)".
7
7 At the end of clause 5 of Schedule 2
8
Add:
9
(3) If there is no declaration in force under subclause (1), then, before
10
the Governor-General makes regulations prescribing an amount for
11
the purposes of paragraph 3(1)(a) or 3(1)(b) of this Schedule, the
12
Minister must take into consideration any relevant
13
recommendation made to the Minister by:
14
(a) in relation to regulations for the purposes of
15
paragraph 3(1)(a) of this Schedule--the live-stock export
16
marketing body; and
17
(b) in relation to regulations for the purposes of
18
paragraph 3(1)(b) of this Schedule--the live-stock export
19
research body.
20
(4) Before a body mentioned in subclause (3) makes such a
21
recommendation to the Minister, the body must consult with the
22
persons who are required to pay the charge concerned.
23
(5) The regulations must not, for the purposes of paragraph 3(1)(a) or
24
3(1)(b) of this Schedule, prescribe an amount greater than the
25
amount recommended to the Minister for the purposes of that
26
paragraph under subclause (2) or (3).
27
8 Paragraph 3(1)(a) of Schedule 3
28
Omit "(not exceeding $6.50)".
29
9 Paragraph 3(1)(b) of Schedule 3
30
Omit "(not exceeding $2.00)".
31
Amendments Schedule 1
Primary Industries (Customs) Charges Amendment Bill 2013 No. , 2013 5
10 Paragraph 3(2)(a) of Schedule 3
1
Omit "(not exceeding $1.90)".
2
11 Paragraph 3(2)(b) of Schedule 3
3
Omit "(not exceeding 40 cents)".
4
12 At the end of clause 5 of Schedule 3
5
Add:
6
(3) If there is no declaration in force under subclause (1), then, before
7
the Governor-General makes regulations prescribing an amount for
8
the purposes of paragraph 3(1)(a), 3(1)(b), 3(2)(a) or 3(2)(b) of this
9
Schedule, the Minister must take into consideration any relevant
10
recommendation made to the Minister by:
11
(a) in relation to regulations for the purposes of
12
paragraph 3(1)(a) or 3(2)(a) of this Schedule--the industry
13
marketing body; and
14
(b) in relation to regulations for the purposes of
15
paragraph 3(1)(b) or 3(2)(b) of this Schedule--the industry
16
research body.
17
(4) Before a body mentioned in subclause (3) makes such a
18
recommendation to the Minister, the body must consult with the
19
persons who are required to pay the charge concerned.
20
(5) The regulations must not, for the purposes of paragraph 3(1)(a),
21
3(1)(b), 3(2)(a) or 3(2)(b) of this Schedule, prescribe an amount
22
greater than the amount recommended to the Minister for the
23
purposes of that paragraph under subclause (2) or (3).
24
13 Subclause 3(1) of Schedule 5
25
Omit "(1)".
26
14 Subclause 3(2) of Schedule 5
27
Repeal the subclause.
28
15 Clause 5 of Schedule 5
29
Before "Before", insert "(1)".
30
Schedule 1 Amendments
6 Primary Industries (Customs) Charges Amendment Bill 2013 No. , 2013
16 Clause 5 of Schedule 5
1
Omit "3(1)(a)", substitute "3(a)".
2
17 At the end of clause 5 of Schedule 5
3
Add:
4
(2) If there is no representative industry organisation, then, before the
5
Governor-General makes regulations specifying an amount for the
6
purposes of paragraph 3(a) of this Schedule, the Minister must take
7
into consideration any relevant recommendation made to the
8
Minister by the Rural Industries Research and Development
9
Corporation established under section 9 of the Primary Industries
10
Research and Development Act 1989.
11
(3) Before the Rural Industries Research and Development
12
Corporation makes such a recommendation to the Minister, it must
13
consult with the persons who are required to pay the charge.
14
(4) The regulations must not, for the purposes of paragraph 3(a) of this
15
Schedule, specify an amount greater than the amount
16
recommended to the Minister under subclause (1) or (2).
17
18 Subclause 3(5) of Schedule 6
18
Repeal the subclause.
19
19 Clause 5 of Schedule 6
20
Before "Before", insert "(1)".
21
20 At the end of clause 5 of Schedule 6
22
Add:
23
(2) If there is no representative industry organisation, then, before the
24
Governor-General makes regulations specifying a percentage for
25
the purposes of paragraph 3(a) of this Schedule, the Minister must
26
take into consideration any relevant recommendation made to the
27
Minister by the Rural Industries Research and Development
28
Corporation established under section 9 of the Primary Industries
29
Research and Development Act 1989.
30
(3) Before the Rural Industries Research and Development
31
Corporation makes such a recommendation to the Minister, it must
32
consult with the persons who are required to pay the charge.
33
Amendments Schedule 1
Primary Industries (Customs) Charges Amendment Bill 2013 No. , 2013 7
(4) The regulations must not, for the purposes of paragraph 3(a) of this
1
Schedule, specify a percentage greater than the percentage
2
recommended to the Minister under subclause (1) or (2).
3
21 Clause 1 of Schedule 9 (definition of R&D authority)
4
Repeal the definition, substitute:
5
R&D authority, in relation to a charge, means the R&D
6
Corporation established under the Primary Industries Research
7
and Development Act 1989 to which the charge is attached.
8
22 Clause 1 of Schedule 9 (definition of R&D Corporation)
9
Omit "and Energy".
10
23 Clause 1 of Schedule 9 (definition of R&D Council)
11
Repeal the definition.
12
24 Clause 1 of Schedule 9 (definition of R&D Fund)
13
Repeal the definition.
14
25 Paragraph 3(b) of Schedule 9
15
Omit ", not exceeding 1.50 cents per kilogram,".
16
26 At the end of clause 5 of Schedule 9
17
Add:
18
(4) The R&D authority must not make a recommendation under
19
subclause (3) unless it has consulted the persons who are required
20
to pay the charge concerned.
21
(5) The regulations must not, for the purposes of clause 3, prescribe a
22
rate of charge greater than the rate recommended to the Minister by
23
the R&D authority or by the producers' organisation.
24
27 Subclause 3(1) of Schedule 10
25
Omit "(4),".
26
28 Subclause 3(2) of Schedule 10
27
Repeal the subclause.
28
Schedule 1 Amendments
8 Primary Industries (Customs) Charges Amendment Bill 2013 No. , 2013
29 Paragraphs 5(9)(a) and (b) of Schedule 10
1
Omit "leviable", substitute "chargeable".
2
30 At the end of clause 5 of Schedule 10
3
Add:
4
(11) The regulations must not, for the purposes of subclause 3(3) or 3(5)
5
fix a rate of charge greater than the rate recommended to the
6
Minister by the industry services body.
7
31 Paragraph 3(a) of Schedule 11
8
Omit "(not exceeding 55 cents)".
9
32 Paragraph 3(b) of Schedule 11
10
Omit "(not exceeding 25 cents)".
11
33 Paragraph 4(a) of Schedule 11
12
Omit "(not exceeding 50 cents)".
13
34 Paragraph 4(b) of Schedule 11
14
Omit "(not exceeding 25 cents)".
15
35 Paragraph 5(a) of Schedule 11
16
Omit "(not exceeding 55 cents)".
17
36 Paragraph 5(b) of Schedule 11
18
Omit "(not exceeding 25 cents)".
19
37 At the end of clause 7 of Schedule 11
20
Add:
21
(3) If there is no declaration in force under subclause (1), then, before
22
the Governor-General makes regulations prescribing an amount for
23
the purposes of paragraph 3(a), 3(b), 4(a), 4(b), 5(a) or 5(b) of this
24
Schedule, the Minister must take into consideration any relevant
25
recommendation made to the Minister by:
26
(a) in relation to regulations for the purposes of paragraph 3(a),
27
4(a) or 5(a) of this Schedule--the live-stock export
28
marketing body; and
29
Amendments Schedule 1
Primary Industries (Customs) Charges Amendment Bill 2013 No. , 2013 9
(b) in relation to regulations for the purposes of paragraph 3(b),
1
4(b) or 5(b) of this Schedule--the live-stock export research
2
body.
3
(4) Before a body mentioned in subclause (3) makes such a
4
recommendation to the Minister, the body must consult with the
5
persons who are required to pay the charge concerned.
6
(5) The regulations must not, for the purposes of paragraph 3(a), 3(b),
7
4(a), 4(b), 5(a) or 5(b) of this Schedule, prescribe an amount
8
greater than the amount recommended to the Minister for the
9
purposes of that paragraph under subclause (2) or (3).
10
38 Paragraph 3(a) of Schedule 12
11
Omit "(not exceeding 40 cents)".
12
39 Paragraph 3(b) of Schedule 12
13
Omit "(not exceeding 12 cents)".
14
40 Paragraph 4(a) of Schedule 12
15
Omit "(not exceeding 90 cents)".
16
41 Paragraph 4(b) of Schedule 12
17
Omit "(not exceeding 37 cents)".
18
42 Paragraph 5(a) of Schedule 12
19
Omit "(not exceeding $1.02)".
20
43 Paragraph 5(b) of Schedule 12
21
Omit "(not exceeding 25 cents)".
22
44 At the end of clause 7 of Schedule 12
23
Add:
24
(3) If there is no declaration in force under subclause (1), then, before
25
the Governor-General makes regulations prescribing an amount for
26
the purposes of paragraph 3(a), 3(b), 4(a), 4(b), 5(a) or 5(b) of this
27
Schedule, the Minister must take into consideration any relevant
28
recommendation made to the Minister by:
29
Schedule 1 Amendments
10 Primary Industries (Customs) Charges Amendment Bill 2013 No. , 2013
(a) in relation to regulations for the purposes of paragraph 3(a),
1
4(a) or 5(a) of this Schedule--the industry marketing body;
2
and
3
(b) in relation to regulations for the purposes of paragraph 3(b),
4
4(b) or 5(b) of this Schedule--the industry research body.
5
(4) Before a body mentioned in subclause (3) makes such a
6
recommendation to the Minister, the body must consult with the
7
persons who are required to pay the charge concerned.
8
(5) The regulations must not, for the purposes of paragraph 3(a), 3(b),
9
4(a), 4(b), 5(a) or 5(b) of this Schedule, prescribe an amount
10
greater than the amount recommended to the Minister for the
11
purposes of that paragraph under subclause (2) or (3).
12
45 Subclause 3(1) of Schedule 13
13
Omit "(1)".
14
46 Subclause 3(2) of Schedule 13
15
Repeal the subclause.
16
47 At the end of clause 5 of Schedule 13
17
Add:
18
(4) The regulations must not, for the purposes of clause 3, prescribe a
19
rate of charge greater than the rate recommended to the Minister
20
under subclause 5(1).
21
48 At the end of clause 8 of Schedule 14
22
Add:
23
(3) Subclause (1) does not apply to the marketing component, or the
24
research and development component, of a charge imposed under
25
Part 2 of this Schedule.
26
49 At the end of clause 9 of Schedule 14
27
Add:
28
(3) Subclause (1) does not apply to the marketing component, or the
29
research and development component, of a charge imposed under
30
Part 2 of this Schedule.
31
Amendments Schedule 1
Primary Industries (Customs) Charges Amendment Bill 2013 No. , 2013 11
50 At the end of clause 13 of Schedule 14
1
Add:
2
(5) The regulations must not, for the purposes of Part 3 of this
3
Schedule, prescribe a rate of charge (in respect of the marketing
4
component, or the research and development component, of the
5
charge) greater than the rate recommended to the Minister in
6
accordance with subclause (2) or (3).
7
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