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PRIMARY INDUSTRIES LEVIES AND CHARGES (CONSEQUENTIAL AMENDMENTS) BILL 1998

Bills Digest No. 78  1998-99
Primary Industries Levies and Charges (Consequential Amendments) 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: With the exception of amendments proposed by Part 2 of Schedule 1 (items 80 and 81), Parts 3 and 4 of Schedule 2 (items 37-40), Part 3 of Schedule 3 (item 8) and Parts 2 and 3 of Schedule 5 (items 18-36) which relate to the wine grapes levy and commence on 1 January 2000, the Bill commences on 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 major amendments proposed by the Bill:

• repeal 40 existing levy and charge Acts
• provide for amendments consequential on the repeal of those levy and charge Acts, and
• provide transitional arrangements necessitated by the transition from the old levy and charge legislation to the new legislation.

Background

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

Main Provisions

Repeal of Levy and Charge Acts

Schedule 1 (items 1-81) of the Bill repeals 40 existing levy and charge Acts. These levy and charge Acts are being consolidated into two proposed Acts, these being, the Primary Industries (Excise) Levies Act 1998 and Primary Industries (Customs) Charges Act 1998. Schedule 1 also specifies when and in respect to what dealing a repeal or process is to apply.

The levy and charge Acts repealed are:

Schedules 2-11 Consequential and Transitional Amendments

The major amendments proposed by Schedules 2-11 are consequential on the repeal of the levy and charge Acts repealed by Schedule 1. Schedules 2-11 also provide transitional arrangements necessitated by the transition from the old levy and charge legislation to the new legislation.

Major amendments proposed by Schedules 2-11 include:

• item 28 of Schedule 2 amends the Primary Industries Levies and Charges Collection Act 1991 to provide that where a levy is imposed by regulation under the proposed Primary Industries (Excise) Levies Act 1998 on the slaughter of an animal, the regulations may provide that the owner of the abattoir may refuse to slaughter or allow the slaughter of the animal at the abattoir unless the person liable to pay the levy provides them with the funds necessary to pay the levy on behalf of the person. In addition, regulations made for the above purposes override any State or Territory laws to the contrary, or any contract entered into before or after 1 July 1999 and
• item 33 of Schedule 2 amends the Primary Industries Levies and Charges Collection Act 1991 to provide that an associated Act (ie. an Act specified in Schedules 1 or 2 [other than the Dairy Produce Levy (No. 2) Act 1986] or prescribed for the purposes of the definition of charge or levy) has not effect to the extent it authorises the imposition of a tax on State or Territory property.

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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