Commonwealth Numbered Acts Commonwealth Numbered Acts1 Definitions
In this Schedule:
charge has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991 , as in force immediately before the commencement of this item.
collection products has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991 , as in force immediately before the commencement of this item.
horse disease response levy means levy imposed by section 5 of the Horse Disease Response Levy Act 2011 , as in force immediately before the commencement of this item.
levy has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991 , as in force immediately before the commencement of this item.
levy year has the same meaning as in the Primary Industries Levies and Charges Collection Act 1991 , as in force immediately before the commencement of this item.
matching payments means the following:
(a) payments under subsection 66(1) of the Australian Meat and Live - stock Industry Act 1997 , as in force immediately before the commencement of this item;
(b) payments referred to in paragraph 5(1)(b) of the Dairy Produce Act 1986 , as in force immediately before the commencement of this item;
(c) payments referred to in paragraph 7(1)(c) of the Egg Industry Service Provision Act 2002 , as in force immediately before the commencement of this item;
(d) payments referred to in paragraph 8(1)(b) of the Forestry Marketing and Research and Development Services Act 2007 , as in force immediately before the commencement of this item;
(e) payments under subsection 16(2) of the Horticulture Marketing and Research and Development Services Act 2000 , as in force immediately before the commencement of this item;
(f) payments referred to in paragraph 9(1)(c) of the Pig Industry Act 2001 , as in force immediately before the commencement of this item;
(g) payments under paragraph 30(1)(b) or 30A(1)(b) of the Primary Industries Research and Development Act 1989 , as in force immediately before the commencement of this item;
(h) payments referred to in paragraph 6(1)(b) of the Sugar Research and Development Services Act 2013 , as in force immediately before the commencement of this item;
(i) payments under paragraph 32(ai) of the Wine Australia Act 2013 , as in force immediately before the commencement of this item;
(j) payments referred to in paragraph 31(1)(b) of the Wool Services Privatisation Act 2000 , as in force immediately before the commencement of this item.
National Residue Survey Special Account means the National Residue Survey Special Account mentioned in subsection 64(1) of the Primary Industries Levies and Charges Disbursement Act 2024 .
old disbursement law means the following:
(a) the Australian Meat and Live - stock Industry Act 1997 , and the regulations under that Act, as in force immediately before the commencement of this item;
(b) the Dairy Produce Act 1986 , and the regulations under that Act, as in force immediately before the commencement of this item;
(c) the Egg Industry Service Provision Act 2002 , as in force immediately before the commencement of this item;
(d) the Forestry Marketing and Research and Development Services Act 2007 , and the regulations under that Act, as in force immediately before the commencement of this item;
(e) the Horticulture Marketing and Research and Development Services Act 2000 , and the regulations under that Act, as in force immediately before the commencement of this item;
(f) the Pig Industry Act 2001 , as in force immediately before the commencement of this item;
(g) the Primary Industries Research and Development Act 1989 , and the regulations under that Act, as in force immediately before the commencement of this item;
(h) the Sugar Research and Development Services Act 2013 , as in force immediately before the commencement of this item;
(i) the Wine Australia Act 2013 , as in force immediately before the commencement of this item;
(j) the Wool Services Privatisation Act 2000 , and the regulations under that Act, as in force immediately before the commencement of this item.
old horse disease response levy law means the following:
(a) the Horse Disease Response Levy Act 2011 , and any regulations under that Act, as in force immediately before the commencement of this item;
(b) the Horse Disease Response Levy Collection Act 2011 , and any regulations under that Act, as in force immediately before the commencement of this item.
old levy or charge law means the following:
(a) the Primary Industries (Excise) Levies Act 1999 , and the regulations under that Act, as in force immediately before the commencement of this item;
(b) the Primary Industries (Customs) Charges Act 1999 , and the regulations under that Act, as in force immediately before the commencement of this item;
(c) the National Residue Survey (Excise) Levy Act 1998 , and the regulations under that Act, as in force immediately before the commencement of this item;
(d) the National Residue Survey (Customs) Levy Act 1998 , and the regulations under that Act, as in force immediately before the commencement of this item;
(e) the Primary Industries Levies and Charges Collection Act 1991 , and the regulations under that Act, as in force immediately before the commencement of this item.
recipient body has the meaning given by the Primary Industries Levies and Charges Disbursement Act 2024 .
Part 2 -- Old levies or charges
2 Saving and transitional provisions--old levies or charges
(1) Subject to this item, in relation to a levy or charge for a collection product, the old levy or charge law continues to apply on and after the commencement of this item in relation to that levy or charge and to a levy year for that product that began before that commencement.
Note: This item ensures, for example, that:
(a) the rights and obligations of intermediaries under section 7 of the Primary Industries Levies and Charges Collection Act 1991 continue to apply on and after the commencement of this item; and
(b) late payment penalty can continue to apply under section 15 of that Act on and after that commencement; and
(c) amounts can continue to be recovered by the Commonwealth under section 17 of that Act on and after that commencement as debts due to the Commonwealth; and
(d) refunds can continue to be made under section 18 of that Act on and after that commencement; and
(e) the offence in subsection 24(1) of that Act continues to apply for a failure to give a return under regulations under that Act before, on or after that commencement.
(2) If, in relation to such a levy or charge, the due date for payment of the whole or a part of the levy or charge, or an amount equal to the whole or a part of the levy or charge, is a day (other than the last day) of a calendar month beginning on or after the commencement of this item, then the due date for that payment is taken to be the last day of that calendar month.
(3) If, in relation to such a levy or charge, the due date for lodging a return is a day (other than the last day) of a calendar month beginning on or after the commencement of this item, then the due date for that return is taken to be the last day of that calendar month.
(4) For the purposes of this item, an agreement in force under section 10 or 11 of the Primary Industries Levies and Charges Collection Act 1991 immediately before the commencement of this item continues in force under that section on and after that commencement.
(5) This item has effect subject to Part 4 of this Schedule.
3 Saving provision--horse disease response levy
(1) The old horse disease response levy law continues to apply on and after the commencement of this item in relation to horse disease response levy imposed before that commencement.
(2) This item has effect subject to Part 4 of this Schedule.
4 Saving and transitional provisions--old disbursement law
(1) In relation to a levy or charge for a collection product, the old disbursement law continues to apply on and after the commencement of this item in relation to that levy or charge and to a levy year for that product that began before that commencement.
(2) The old disbursement law, to the extent to which it relates to the following:
(a) matching payments to a body;
(b) in connection with those payments--payments from the body to the Commonwealth;
continues to apply on and after the commencement of this item in relation to the financial year beginning on 1 July 2024 or an earlier financial year.
(3) Once an instrument under subitem 5(6) of Schedule 3 commences in relation to a recipient body and the financial year beginning on 1 July 2025, the Commonwealth is taken to have discharged all of its obligations to that body under the old disbursement law in relation to matching payments to the body for the financial year beginning on 1 July 2024 or an earlier financial year.
(4) Subitem (3) does not affect the continued operation of any provision of the old disbursement law under which:
(a) a body is required to pay an amount to the Commonwealth; or
(b) that amount is made a debt due to the Commonwealth; or
(c) that amount may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.
5 Saving provisions--Animal Health Australia
(1) In relation to a levy or charge for a collection product, the Australian Animal Health Council (Live - stock Industries) Funding Act 1996 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to that levy or charge and to a levy year for that product that began before that commencement.
(2) The Australian Animal Health Council (Live - stock Industries) Funding Act 1996 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to horse disease response levy imposed before that commencement.
6 Saving provision--Plant Health Australia
In relation to a levy or charge for a collection product, the Plant Health Australia (Plant Industries) Funding Act 2002 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to that levy or charge and to a levy year for that product that began before that commencement.
Part 3 -- National Residue Survey Special Account
7 Saving and transitional provisions--National Residue Survey
Credits
(1) If an amount of levy payable under the National Residue Survey (Customs) Levy Act 1998 or the National Residue Survey (Excise) Levy Act 1998 is collected by or on behalf of the Commonwealth after the commencement of this item, an amount equal to that amount of levy is to be credited to the National Residue Survey Special Account.
(2) If an amount of penalty in connection with that levy is collected by or on behalf of the Commonwealth after the commencement of this item, an amount equal to that amount of penalty is to be credited to the National Residue Survey Special Account.
Debits
(3) Subsection 8(2) of the National Residue Survey Administration Act 1992 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the National Residue Survey Account continued in existence under the Primary Industries Levies and Charges Disbursement Act 2024 .
Release of information before commencement
(4) Section 11 of the National Residue Survey Administration Act 1992 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following:
(a) information released to a person under paragraph 11(2)(b) of that Act before that commencement;
(b) the use of that information by a person before, on or after that commencement.
(5) If a person holds an approval in force under section 11 of the National Residue Survey Administration Act 1992 immediately before the commencement of this item, then, for the purposes of subitem (4), and in addition to subitem 13(2) of Schedule 3, the approval continues in force (and may be dealt with) under that section on and after that commencement.
Part 4 -- Some matters under the old Collection Acts
8 Remission of penalty
A decision cannot be made under section 16 of the Primary Industries Levies and Charges Collection Act 1991 or section 8 of the Horse Disease Response Levy Collection Act 2011 , as continued in operation under item 2 or 3 of this Schedule, on or after the commencement of this item.
Note: Instead, a penalty under the Primary Industries Levies and Charges Collection Act 1991 or the Horse Disease Response Levy Collection Act 2011 can be remitted under the Primary Industries Levies and Charges Collection Act 2024 : see item 10 of Schedule 3.
9 Checking compliance with Act
(1) Sections 19, 19A, 19B, 21 and 22 of the Primary Industries Levies and Charges Collection Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to the following:
(a) an entry to premises that occurred before that commencement;
(b) a thing seized before that commencement.
(2) Premises cannot be entered under section 19 of the Primary Industries Levies and Charges Collection Act 1991 , as continued in operation under item 2 of this Schedule, on or after the commencement of this item.
(3) Division 2 of Part 3 of the Horse Disease Response Levy Collection Act 2011 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following:
(a) an entry to premises that occurred before that commencement;
(b) a thing seized before that commencement.
(4) Premises cannot be entered under the Regulatory Powers (Standard Provisions) Act 2014 , as it relates to the Horse Disease Response Levy Collection Act 2011 , as continued in operation under item 3 of this Schedule, on or after the commencement of this item.
Note: Instead, compliance activities relating to the former Primary Industries Levies and Charges Collection Act 1991 and regulations under that Act, or the former Horse Disease Response Levy Collection Act 2011 and regulations under that Act, can occur in accordance with provisions of the Primary Industries Levies and Charges Collection Act 2024 : see item 11 of Schedule 3.
10 Giving of information
(1) Sections 23 and 24 of the Primary Industries Levies and Charges Collection Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a notice given under section 23 of that Act before that commencement.
(2) A notice cannot be given under section 23 of the Primary Industries Levies and Charges Collection Act 1991 , as continued in operation under item 2 of this Schedule, on or after the commencement of this item.
(3) Sections 11 and 12 of the Horse Disease Response Levy Collection Act 2011 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a notice given under section 11 of that Act before that commencement.
(4) A notice cannot be given under section 11 of the Horse Disease Response Levy Collection Act 2011 , as continued in operation under item 3 of this Schedule, on or after the commencement of this item.
Note: Instead, a notice can be given under subsection 26(1) of the Primary Industries Levies and Charges Collection Act 2024 to obtain information or documents relating to the former Primary Industries Levies and Charges Collection Act 1991 and regulations under that Act or the former Horse Disease Response Levy Collection Act 2011 and regulations under that Act: see item 12 of Schedule 3.
11 Offences in relation to weighing cattle carcases
Section 24A of the Primary Industries Levies and Charges Collection Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to cattle slaughtered before that commencement.
12 Disclosure of information
(1) Section 27B of the Primary Industries Levies and Charges Collection Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to information given before that commencement or to an approval given under that section before that commencement.
(2) Information cannot be given or made available under section 27, 27A or 27C of the Primary Industries Levies and Charges Collection Act 1991 on or after the commencement of this item.
(3) Information cannot be disclosed under section 36 of the Horse Disease Response Levy Collection Act 2011 on or after the commencement of this item.
Note: Instead, information under the Primary Industries Levies and Charges Collection Act 1991 or regulations under that Act, or the Horse Disease Response Levy Collection Act 2011 or regulations under that Act, becomes relevant levy/charge information for the purposes of the Primary Industries Levies and Charges Collection Act 2024 : see item 9 of Schedule 3. The information can then be used or disclosed in accordance with the provisions of Part 5 of the Primary Industries Levies and Charges Collection Act 2024 .
13 Reconsideration and review of decisions
(1) Section 28 of the Primary Industries Levies and Charges Collection Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following:
(a) a decision covered by paragraph (a) of the definition of relevant decision in subsection 28(9) of that Act made before that commencement;
(b) a decision covered by any other paragraph of that definition made before, on or after that commencement.
(2) Section 9 of the Horse Disease Response Levy Collection Act 2011 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a decision referred to in subsection 9(1) of that Act made before that commencement.
14 Continuing operation of certain provisions
(1) The repeal of the Egg Industry Service Provision (Transitional and Consequential Provisions) Act 2002 by Schedule 1 does not affect the continuing operation of any provision of that Act made or expressed to be made for an application, saving or transitional purpose (or that makes provision consequential or related to such a provision).
(2) For the purposes of the operation of a provision of the Forestry Marketing and Research and Development Services (Transitional and Consequential Provisions) Act 2007 on or after the commencement of this item, as that provision is continued by item 2 of Schedule 5 to the Statute Law Revision (Spring 2016) Act 2016 , the successor body is taken to be the first body that was declared under the former Forestry Marketing and Research and Development Services Act 2007 as the industry services body.
15 Reviews of horse biosecurity response levy
(1) If levy is imposed by regulations under the Primary Industries (Excise) Levies Act 2024 on a disposal of manufactured feed or worm treatment, the Minister must ensure that there are 2 reviews under this item into whether that levy is the most appropriate way of raising money to meet the costs of any emergency response to a disease affecting horses.
First review
(2) The Minister must ensure that the first review is undertaken and completed:
(a) before the end of 31 December 2026, unless paragraph (b) applies; or
(b) if:
(i) the rate of that levy is greater than nil on a day in 2026 and the Minister considers that it is appropriate to delay the first review; and
(ii) the rate of that levy subsequently becomes nil;
as soon as practicable after the rate of that levy so becomes nil.
Second review
(3) The Minister must ensure that the second review is undertaken and completed:
(a) before the end of the day (the relevant day ) that is the fifth anniversary of the day the first review is completed, unless paragraph (b) applies; or
(b) if:
(i) the rate of that levy is greater than nil on a day in the period of 12 months ending at the end of the relevant day and the Minister considers that it is appropriate to delay the second review; and
(ii) the rate of that levy subsequently becomes nil;
as soon as practicable after the rate of that levy so becomes nil.
Review reports
(4) The persons undertaking a review under this item must give the Minister a written report of the review.
Publication
(5) The Minister must arrange for a copy of the report to be published on the Department's website.
16 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a) the enactment of the Primary Industries Levies and Charges Collection Act 2024 or the Primary Industries Levies and Charges Disbursement Act 2024 ; or
(b) the amendments or repeals made by Schedule 1 or 2 to this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(3) Parts 1 to 4 do not limit the rules that may be made for the purposes of subitem (1).
[ Minister's second reading speech made in--
House of Representatives on 18 October 2023
Senate on 16 November 2023 ]
(128/23)