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PRIMARY INDUSTRIES (CUSTOMS) CHARGES BILL 1998

Bills Digest No. 77  1998-99
Primary Industries (Customs) Charges Bill 1998

WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

Passage History
Purpose
Background
Main Provisions
Contact Officer and Copyright Details

Passage History

Date Introduced: 3 December 1998

House: House of Representatives

Portfolio: Agriculture, Fisheries and Forestry

Commencement: 1 July 1999

Purpose

The Bill is part of a package of five Bills, the major purpose of which is to consolidate 40 levy and charge imposition Acts into two Acts. The Bill imposes 13 charges that are customs duties.

Background

The reader is referred to the Digest for the Primary Industries (Excise) Levies Bill 1998.

Main Provisions

Clause 6 provides that the Bill only authorises the imposition of charges in so far as the levies are duties of customs within the meaning of section 55 of the Constitution. The reader is referred to the 'Background' to the Digest for the Primary Industries (Excise) Levies Bill 1998 for an explanation of why the proposed charges must be duties of customs.

Imposition of Charges - Schedules 1-13

Schedules 1-13 impose charges on 13 agricultural, livestock and forestry products. The Schedules do not impose any new charges or additional rates of charge. Schedules 1-13 replace provisions for the imposition of charges contained in 13 separate charge imposition Acts. These Acts, which are being repealed by the Primary Industries Levies and Charges (Consequential Amendments) Bill 1998 are the:

Imposition of Charges by Regulation

Item 2 of Schedule 14 provides that the regulations may impose a charge on the produce of a primary industry. The term 'produce of primary industry' is defined by item 1 of Schedule 14 to mean products that result from any of the following:

• agriculture or the cultivation of land
• the maintenance of animals for commercial purposes
• forest operations
• fishing
• hunting or trapping
• horticulture
• any other primary industry activity

Two or more charges may be imposed on the same products or on different products (item 3 of Schedule 14). In addition, a charge may be imposed on a particular product even if another Schedule of this Bill applies to the product (item 4 of Schedule 14).

Item 5 of Schedule 14 provides that the rate of a prescribed charge is as set out in the regulations. Item 8 of Schedule 14 provides that the total rate of charge, or rates of charges, that may be imposed on animal products must not exceed whichever is the greater of the following maximums:

• $5 per unit of the animal product
• 35 cents per kilogram of the animal product, or
• 7% of the value of the animal product.

The term 'animal product' is defined by item 1 of Schedule 14 to mean an animal, any part of an animal, anything produced by an animal, or anything wholly or principally produced or derived from an animal.

Item 9 of Schedule 14 provides that the total rate of charge, or rates of charges, that may be imposed on plant products must not exceed whichever is the greater of the following maximums:

• $5 per unit of the plant product, or
• 5% of the value of the plant product.

The term 'plant product' is defined by item 1 of Schedule 14 to mean a plant, any part of a plant, anything produced by a plant, or anything wholly or principally produced or derived from a plant.

The person liable to pay a prescribed charge will be as set out in the regulation (item 10 of Schedule 14).

The regulations may provide for exemptions from charges (item 11 of Schedule 14).

Contact Officer and Copyright Details

This paper has been prepared for general distribution to Senators and Members of the Australian Parliament. While great care is taken to ensure that the paper is accurate and balanced, the paper is written using information publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Information and Research Services (IRS). Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion. Readers are reminded that the paper is not an official parliamentary or Australian government document.

IRS staff are available to discuss the paper's contents with Senators and Members
and their staff but not with members of the public.

ISSN 1328-8091
© Commonwealth of Australia 1999

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by Members of the Australian Parliament in the course of their official duties.

Published by the Department of the Parliamentary Library, 1999.

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