Bills Digest No. 67 2003-04
National Residue Survey Customs Levy Rate Correction
(Lamb Exports) Bill
2003
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
Contact Officer & Copyright Details
Passage History
National Residue Survey
Customs Levy Rate Correction (Lamb Exports) Bill
2003
Date Introduced:
26 November 2003
House: House of Representatives
Portfolio: Agriculture, Fisheries and
Forestry
Commencement:
Royal
Assent
To amend the National Residue Survey
(Customs) Levy Act 1998 (the Act) so as to validate levy
already collected under the Primary Industries Levies and
Charges (National Residue Survey Levies) Regulations 1998 (the
Regulations) in respect of lambs with a sale price of more than $75
a head.
Background
This Bill is complementary to the National
Residue Survey Excise Levy Rate Correction (Lamb Transactions) Bill
2003. Two bills are required to satisfy section 55 of the
Constitution which in part provides that laws imposing duties of
customs shall deal with duties of customs only, and laws imposing
duties of excise shall deal with duties of excise only .
For further background the reader is referred
to the Bills Digest on the National Residue Survey Excise Levy Rate
Correction (Lamb Transactions) Bill 2003
(Bills Digest No. 66, 2003-04).
Clause 3 provides for
definitions of certain terms to have the same meaning as those in
the Act and the Regulations that were in force prior to 30 May
2003. On 30 May 2003 Schedule 1 of the Primary Industries
Levies and Charges (National Residue Survey Levies) Amendment
Regulations (No. 2), 2003 commenced and corrected a drafting
fault in the Regulations from that date.
Clause 4 has the effect of
correcting retrospectively the operative rate of levy on lambs
where the sale price exceeds $75 a head. Subsection
4(1) provides that the period to which this correction
applies is between 1 July 2000 and ending immediately before 30 May
2003. Subsection 4(2) allows for a levy rate of 8
cents to have applied during this period. Subsection
4(3) gives effect to the corrected levy rates in
subsection 4(2) despite the provisions of the Act
and the Regulations in force before 30 May 2003.
Rosemary Bell
2 December 2003
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
© Commonwealth of Australia 2003
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Published by the Department of the Parliamentary Library,
2003.
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