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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Primary Industries Levies and Charges
Collection Amendment Bill 2016
No. , 2016
(Agriculture and Water Resources)
A Bill for an Act to amend the Primary Industries
Levies and Charges Collection Act 1991, and for
related purposes
Primary Industries Levies and Charges Collection Amendment Bill
2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Primary Industries Levies and Charges Collection Act 1991
3
Part 2--Consequential amendments
7
Australian Meat and Live-stock Industry Act 1997
7
Dairy Produce Act 1986
7
National Residue Survey Administration Act 1992
7
Primary Industries Levies and Charges Collection Amendment Bill
2016
1
A Bill for an Act to amend the Primary Industries
1
Levies and Charges Collection Act 1991, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Primary Industries Levies and
6
Charges Collection Amendment Act 2016.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Primary Industries Levies and Charges Collection Amendment Bill
2016
1
Commencement information
Column 1
Column 2
Column 3
Provisions
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
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
Main amendments Part 1
Primary Industries Levies and Charges Collection Amendment Bill
2016
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Primary Industries Levies and Charges Collection Act 1991
3
1 Paragraph 27(1)(a)
4
Omit "the name and address of a levy payer or charge payer or",
5
substitute "the name and address of a person or body who has lodged a
6
return under the regulations or of".
7
2 Subsections 27(3), (3A) and (4)
8
Repeal the subsections.
9
3 After section 27
10
Insert:
11
27A Giving of information about levy payers and charge payers
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(1) An authorised person may give the following information to an
13
eligible recipient:
14
(a) the name, address, contact details and ABN of any person
15
who has paid, or is liable to pay, levy or charge in respect of
16
a collection product;
17
(b) details relating to the amount of levy or charge that the
18
person has paid, or is liable to pay, in respect of that
19
collection product;
20
(c) such other details (if any) determined in an instrument under
21
subsection (3), being details relating to the production or
22
processing of that collection product.
23
Note 1:
This subsection applies separately for each collection product in
24
respect of which a person has paid, or is liable to pay, levy or charge.
25
Note 2:
Section 27B sets out limits on the use of information given under this
26
subsection.
27
Eligible recipient
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(2) For the purposes of this section, an eligible recipient is:
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Schedule 1 Amendments
Part 1 Main amendments
4
Primary Industries Levies and Charges Collection Amendment Bill
2016
(a) an R & D Corporation; or
1
(b) the Rural Industries Research and Development Corporation
2
established by section 9 of the Primary Industries Research
3
and Development Act 1989; or
4
(c) the Australian Grape and Wine Authority established by
5
section 6 of the Australian Grape and Wine Authority Act
6
2013; or
7
(d) a body covered by a declaration under section 60 of the
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Australian Meat and Live-stock Industry Act 1997; or
9
(e) the body declared to be the industry services body under
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section 7 of the Dairy Produce Act 1986; or
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(f) the body declared to be the industry services body under
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section 6 of the Egg Industry Service Provision Act 2002; or
13
(g) the company declared to be the industry services body under
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Part 3 of the Forestry Marketing and Research and
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Development Services Act 2007; or
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(h) the body declared to be the industry services body under
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subsection 9(1) of the Horticulture Marketing and Research
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and Development Services Act 2000; or
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(i) the body declared to be the industry services body under
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section 11 of the Pig Industry Act 2001; or
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(j) the company declared to be the industry services body under
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Part 3 of the Sugar Research and Development Services Act
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2013; or
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(k) the body declared to be the research body under section 30 of
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the Wool Services Privatisation Act 2000; or
26
(l) the Australian Bureau of Statistics.
27
Legislative instrument
28
(3) For the purposes of paragraph (1)(c), the Secretary may, by
29
legislative instrument, determine details relating to the production
30
or processing of a collection product.
31
Definition
32
(4) In this section:
33
ABN has the meaning given by section 41 of the A New Tax
34
System (Australian Business Number) Act 1999.
35
Amendments Schedule 1
Main amendments Part 1
Primary Industries Levies and Charges Collection Amendment Bill
2016
5
27B Use of information given under section 27A
1
Uses
2
(1) A body covered by paragraph 27A(2)(a), (b), (c), (d), (e), (f), (g),
3
(h), (i), (j) or (k) may use information given to it under
4
subsection 27A(1) for any of the following purposes:
5
(a) to maintain a register of levy payers or charge payers;
6
(b) to maintain a register of those persons eligible to vote in any
7
poll conducted by, or on behalf of, the body;
8
(c) to make public any information of a statistical nature;
9
(d) in performing any of its functions:
10
(i) under a law of the Commonwealth; or
11
(ii) under a contract, deed of agreement or other agreement
12
between the Commonwealth and the body.
13
(2) In addition, a body covered by paragraph 27A(2)(d), (e), (f), (g),
14
(h), (i), (j) or (k) may use information given to it under
15
subsection 27A(1) to determine whether a person is, or remains
16
eligible to be, a member or shareholder of the body.
17
(3) The Australian Bureau of Statistics may use information given to it
18
under subsection 27A(1) to perform any of its functions.
19
Limits on secondary disclosure
20
(4) A body covered by any paragraph of subsection 27A(2) must not
21
disclose information given to it under subsection 27A(1) to any
22
other person or body except with the approval, in writing, of the
23
Secretary.
24
(5) Subsection (4) does not apply to the disclosure of personal
25
information (within the meaning of the Privacy Act 1988) to an
26
individual to whom that personal information relates.
27
(6) If, in accordance with an approval under subsection (4),
28
information is disclosed to a person or body, that person or body
29
may use the information for:
30
(a) an R&D activity (within the meaning of the Primary
31
Industries Research and Development Act 1989); or
32
Schedule 1 Amendments
Part 1 Main amendments
6
Primary Industries Levies and Charges Collection Amendment Bill
2016
(b) marketing activities (within the meaning of the Primary
1
Industries Research and Development Act 1989); or
2
(c) biosecurity purposes; or
3
(d) National Residue Survey purposes.
4
(7) An approval under subsection (4) is not a legislative instrument.
5
4 At the end of subsection 29(1)
6
Add ", 27A or 27B".
7
5 After subsection 29(1)
8
Insert:
9
(1A) The Secretary may, in writing, delegate to an SES employee in the
10
Department, who is at or acting at Band 1 or 2 level, the
11
Secretary's power under subsection 27B(4).
12
6 Application provisions
13
(1)
Paragraphs 27A(1)(a) and (b) of the Primary Industries Levies and
14
Charges Collection Act 1991, as inserted by this Part, apply in relation
15
to persons who have paid, or are liable to pay, levy or charge in respect
16
of a collection product in the financial year in which this Part
17
commences or in a later financial year.
18
(2)
Paragraph 27A(1)(c) of the Primary Industries Levies and Charges
19
Collection Act 1991, as inserted by this Part, applies in relation to the
20
production or processing of a collection product in the financial year in
21
which this Part commences or in a later financial year.
22
Amendments Schedule 1
Consequential amendments Part 2
Primary Industries Levies and Charges Collection Amendment Bill
2016
7
Part 2--Consequential amendments
1
Australian Meat and Live-stock Industry Act 1997
2
7 Division 5 of Part 3
3
Repeal the Division.
4
8 Saving provision
5
Despite the repeal of Division 5 of Part 3 of the Australian Meat and
6
Live-stock Industry Act 1997 made by this Part, that Division, as in
7
force immediately before the commencement of this item, continues to
8
apply on and after that commencement in relation to information
9
provided under section 27 of the Primary Industries Levies and Charges
10
Collection Act 1991 before that commencement.
11
Dairy Produce Act 1986
12
9 Section 8
13
Repeal the section.
14
10 Saving provision
15
Despite the repeal of section 8 of the Dairy Produce Act 1986 made by
16
this Part, that section, as in force immediately before the
17
commencement of this item, continues to apply on and after that
18
commencement in relation to information provided under
19
subsection 27(3A) of the Primary Industries Levies and Charges
20
Collection Act 1991 before that commencement.
21
National Residue Survey Administration Act 1992
22
11 Subsection 11(6)
23
After "section 27", insert "or 27A".
24