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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Primary Industries Levies and Charges
Collection Amendment Bill 2018
No. , 2018
(Agriculture and Water Resources)
A Bill for an Act to amend the Primary Industries
Levies and Charges Collection Act 1991, and for
related purposes
No. , 2018
Primary Industries Levies and Charges Collection Amendment Bill
2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Primary Industries Levies and Charges Collection Act 1991
3
No. , 2018
Primary Industries Levies and Charges Collection Amendment Bill
2018
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 is the Primary Industries Levies and Charges Collection
6
Amendment Act 2018.
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
2018
No. , 2018
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
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repealed as set out in the applicable items in the Schedule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
No. , 2018
Primary Industries Levies and Charges Collection Amendment Bill
2018
3
Schedule 1--Amendments
1
2
Primary Industries Levies and Charges Collection Act 1991
3
1 After paragraph 7(1)(c)
4
Insert:
5
and (ca) a person who does an act, determined in an instrument under
6
subsection 7A(1) for the purposes of this paragraph, in
7
relation to such products;
8
2 After paragraph 7(2)(b)
9
Insert:
10
and (ba) a person who does an act, determined in an instrument under
11
subsection 7A(1) for the purposes of this paragraph, in
12
relation to a product on or in relation to which levy is
13
imposed, being a product declared by the regulations to be a
14
product to which this paragraph applies;
15
3 Subsections 7(3) and (3A)
16
Repeal the subsections, substitute:
17
(3) For better securing the payment of charge:
18
(a) an exporting agent who exports prescribed products on which
19
charge is imposed; and
20
(b) a person who does an act, determined in an instrument under
21
subsection 7A(1) for the purposes of this paragraph, in
22
relation to such products;
23
is liable to pay in accordance with subsection (4), on behalf of the
24
producer, an amount equal to the sum of:
25
(c) the amount of any charge due for payment on or in relation to
26
the products; and
27
(d) any amount payable by the producer under subsection 15(1)
28
in relation to that charge.
29
Note:
Under paragraph (g) of the definition of producer in subsection 4(1),
30
the producer is taken to be the person who exports the products from
31
Australia.
32
(3A) For better securing the payment of charge:
33
Schedule 1 Amendments
4
Primary Industries Levies and Charges Collection Amendment Bill
2018
No. , 2018
(a) an importing agent who imports prescribed products on
1
which charge is imposed; and
2
(b) a person who does an act, determined in an instrument under
3
subsection 7A(1) for the purposes of this paragraph, in
4
relation to such products;
5
is liable to pay in accordance with subsection (4), on behalf of the
6
producer, an amount equal to the sum of:
7
(c) the amount of any charge due for payment on or in relation to
8
the products; and
9
(d) any amount payable by the producer under subsection 15(1)
10
in relation to that charge.
11
Note:
Under paragraph (ga) of the definition of producer in subsection 4(1),
12
the producer is taken to be the person who imports the products into
13
Australia.
14
4 After paragraph 7(6)(e)
15
Insert:
16
or (f) does an act, determined in an instrument under
17
subsection 7A(1), in relation to collection products;
18
5 After section 7
19
Insert:
20
7A Secretary's determination of intermediaries
21
(1) The Secretary may, by legislative instrument, determine acts for
22
the purposes of paragraphs 7(1)(ca), (2)(ba), (3)(b) and (3A)(b).
23
Note:
Different acts may be determined for different paragraphs (see
24
subsection 33(3A) of the Acts Interpretation Act 1901).
25
(2) The Secretary must have regard to any guidelines in force under
26
subsection (3) in exercising a power under subsection (1).
27
(3) The Minister may, by written instrument, issue guidelines for the
28
purposes of this section.
29
Note:
For variation and revocation of the instrument, see subsection 33(3) of
30
the Acts Interpretation Act 1901.
31
(4) Guidelines are not legislative instruments.
32
Amendments Schedule 1
No. , 2018
Primary Industries Levies and Charges Collection Amendment Bill
2018
5
(5) The Minister must cause the guidelines to be put on the
1
Department's website.
2
6 Section 27 (heading)
3
Repeal the heading, substitute:
4
27 Giving of information about returns, intermediaries and receipt
5
of levy or charge
6
7 Subsection 27(1)
7
Omit "may publish", substitute "may give the following information".
8
8 Paragraph 27(1)(a)
9
Omit "or" (last occurring).
10
9 Subsection 27(2)
11
Omit "publication", substitute "giving".
12
10 Paragraph 27A(1)(a)
13
Omit "and ABN", substitute ", ABN (if any) and ACN (if any)".
14
11 At the end of subsection 27A(3)
15
Add:
16
Note:
Different details may be determined for different collection products
17
(see subsection 33(3A) of the Acts Interpretation Act 1901).
18
12 Subsection 27A(4) (heading)
19
Repeal the heading, substitute:
20
Definitions
21
13 Subsection 27A(4)
22
Insert:
23
ACN has the meaning given by section 9 of the Corporations Act
24
2001.
25
Schedule 1 Amendments
6
Primary Industries Levies and Charges Collection Amendment Bill
2018
No. , 2018
14 After subsection 27B(4)
1
Insert:
2
(4A) The Secretary may make an approval given under subsection (4)
3
subject to conditions specified in the approval.
4
(4B) The Secretary may, by writing, revoke an approval given under
5
subsection (4) if the Secretary is satisfied that the holder of the
6
approval has breached any conditions of the approval.
7
(4C) The Secretary must give notice of the revocation to the holder. The
8
notice must specify the day the revocation takes effect.
9
(4D) Subsection (4B) does not limit subsection 33(3) of the Acts
10
Interpretation Act 1901.
11
15 After section 27B
12
Insert:
13
27C Making public any information of a statistical nature
14
An authorised person may make public any information of a
15
statistical nature that relates to amounts of levy or charge received
16
or receivable by the Commonwealth.
17
16 Subsection 28(9) (after paragraph (a) of the definition of
18
relevant decision)
19
Insert:
20
(b) a decision under subsection 27B(4) to give an approval; or
21
(c) a decision to specify conditions in an approval given under
22
subsection 27B(4); or
23
(ca) a decision to revoke an approval given under
24
subsection 27B(4); or
25
17 Subsection 29(1)
26
After "section", insert "7A,".
27
18 Subsection 29(1)
28
Omit "or 27B", substitute ", 27B or 32".
29
Amendments Schedule 1
No. , 2018
Primary Industries Levies and Charges Collection Amendment Bill
2018
7
19 Subsection 29(1A)
1
Omit "power under subsection 27B(4)", substitute "powers under
2
section 27B".
3
20 After section 31
4
Insert:
5
32 Returns under the regulations
6
(1) A return that is required to be lodged under the regulations in
7
relation to a collection product must contain the details determined
8
in an instrument under subsection (3), being details relating to the
9
production or processing of that collection product.
10
(2) Subsection (1) has effect in addition to the regulations dealing with
11
the content of a return.
12
(3) For the purposes of subsection (1), the Secretary may, by
13
legislative instrument, determine details relating to the production
14
or processing of a collection product.
15
Note:
Different details may be determined for different collection products
16
(see subsection 33(3A) of the Acts Interpretation Act 1901).
17
21 Application and saving provisions
18
(1)
The amendments of section 7 of the Primary Industries Levies and
19
Charges Collection Act 1991 made by this Schedule apply in relation to
20
levy or charge that becomes payable on or after the day on which the
21
first instrument made under subsection 7A(1) of that Act commences.
22
(2)
The repeal and substitution of subsections 7(3) and (3A) of the Primary
23
Industries Levies and Charges Collection Act 1991 made by this
24
Schedule does not affect the validity of any regulations in force for the
25
purposes of either of those subsections immediately before the
26
commencement of this item.
27
(3)
The amendments of sections 27 and 27A of the Primary Industries
28
Levies and Charges Collection Act 1991 made by this Schedule apply in
29
relation to the giving of information on or after the commencement of
30
this item (whether the information was obtained before, on or after that
31
commencement).
32
Schedule 1 Amendments
8
Primary Industries Levies and Charges Collection Amendment Bill
2018
No. , 2018
(4)
Subsections 27B(4A) to (4D) of the Primary Industries Levies and
1
Charges Collection Act 1991, as inserted by this Schedule, apply in
2
relation to approvals given on or after the commencement of this item.
3
(5)
Section 27C of the Primary Industries Levies and Charges Collection
4
Act 1991, as inserted by this Schedule, applies in relation to information
5
obtained before, on or after the commencement of this item.
6
(6)
The amendment of section 28 of the Primary Industries Levies and
7
Charges Collection Act 1991 made by this Schedule applies in relation
8
to decisions made on or after the commencement of this item.
9
(7)
Subsection 32(1) of the Primary Industries Levies and Charges
10
Collection Act 1991, as inserted by this Schedule, applies to a return
11
that is required to be lodged under the regulations in relation to a
12
collection product for a period beginning on or after the day on which
13
the first instrument made under subsection 32(3) of that Act in relation
14
to that collection product commences.
15