National Residue Survey Customs Levy Rate Correction (Lamb Exports) Bill 2003


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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

 

Purpose

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).

Main Provisions

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.

Contact Officer and Copyright Details

Rosemary Bell
2 December 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.

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