Bills Digest No. 123 2002-03
National Residue Survey (Customs) Levy Amendment Bill
2002
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.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Concluding Comments
Contact Officer & Copyright Details
Passage History
National Residue Survey (Customs)
Levy Amendment Bill 2002
Date
Introduced: 12
December 2002
House: House of Representatives
Portfolio: Agriculture, Fisheries and
Forestry
Commencement:
The day on which the
Act receives Royal Assent
Purpose
To change the
basis on which the national residue survey customs levy on apples
and pears is imposed from a box basis to a weight basis.
The
National Residue Survey is a program that monitors chemical
residues in food and fibre produced in Australia. Residue
monitoring is part of the national strategy that seeks to minimise
unwanted residues and environmental contaminants in food for health
and other reasons. Monitoring activities are currently limited to
chemical residues in raw food commodities. The Residues and
Standards Branch in the Department of Agriculture, Fisheries and
Forestry Australia implements the program.
The Survey is funded by levies on the
participating industries under the National
Residue Survey (Customs) Levy Act 1998 (the Act), the National
Residue Survey (Excise) Levy Act 1998, and the National
Residue Survey Administration Act 1992. For example, in the
case of apples and pears, the customs levy is imposed on a 'box' as
defined in clause 1 of Schedule 4 of the Act, while clause 4 of
Schedule 4 specifies the levy rates.
According to the Minister's second reading
speech, the main purpose of the Bill is to change the basis on
which the levy on apples and pears is imposed from a box to a
weight (kilogram) basis to accord with industry practice. The
decision to make the change is in response to representations from
the Australian Apple and Pear Growers Association (now known as
Apple and Pear Australia
Limited).
The proposed amendments would do three main
things:
-
- repeal the definition of 'box'
-
- replace the box rates with per kilogram rates, and
-
- abolish the distinction between 'operative' and 'maximum'
rates
-
- there are currently two rates for each of apples and pears,
namely, the operative rate of 1 cent per box and the maximum rate
of 1.1 cents per box.
Item 1 of Schedule
1 would amend clause 1 of Schedule 4 of the Act to repeal
the definition of 'box'.
Items 2 and 4
respectively change the operative rate for apples and pears from
one cent a box to 0.06 cents a kilogram.
Items 3 and 5
respectively change the maximum rate for apples and pears from one
cent a box to 0.06 cents a kilogram.
Item 6 provides for the
amendments to apply to exports on or after the first day of the
month immediately after the month when the proposed amendments come
into effect.
There is no explanation of why the Bill
abolishes the distinction between operative and maximum rates. Nor
is there any explanation of how the proposed rates were derived. In
particular, it is not clear whether the new rate of 0.06 cents a
kilogram is equivalent to the operative or maximum rates. However,
as the Minister stated in his second reading speech, the Bill
should make the calculation of the levy easier.
See also the companion Bills Digest for the
National Residue Survey (Excise) Levy Amendment Bill 2002.
Richard Webb
14 March 2003
Bills Digest Service
Information and Research Services
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 2003
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,
2003.
Back to top