Bills Digest No. 4 2005–06
National Residue Survey (Customs) Levy Amendment
Bill 2005
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
Endnotes
Contact Officer & Copyright Details
Passage History
National
Residue Survey (Customs) Levy Amendment Bill
2005
Date
Introduced: 23 June
2005
House: House of Representatives
Portfolio: Agriculture, Fisheries and
Forestry
Commencement:
On Royal
Assent.
To allow the funds for monitoring the levels of chemical and
other residues in several categories of apples and pears to be
increased, by increasing the maximum levy rates and the operative
levy rates contained in Schedule
4 of the National
Residue Survey (Customs) Levy Act 1998 (the Act). The
changes apply to goods exported from Australia.
Background
See the Bills Digest no. 3, 2005 06 for the National Residue
Survey (Excise) Levy Amendment Bill 2005.(1)
See Bills Digest no. 3, 2005 06 for the National Residue Survey
(Excise) Levy Amendment Bill 2005.
Subclause 4(1) of Schedule 4 of the Act provides:
The rate of National Residue Survey Levy imposed
by this Schedule on apples is 0.06 cents per kilogram or, if
another rate (not exceeding 0.06 cents per kilogram) is prescribed
by the regulations, the other rate.
Item 1 of Schedule 1 amends
this subclause by substituting 0.075 for 0.06 cents per kilogram
where it first appears, while Item 2 substitutes
0.1 cent per kilogram where 0.06 cents per kilogram appears the
second time. The effect is to increase both the operative rate and
the maximum rate.
Subclause 4(2) of Schedule 4 of the Act provides:
The rate of National Residue Survey Levy imposed
by this Schedule on pears is 0.06 cents per kilogram or, if another
rate (not exceeding 0.06 cents per kilogram) is prescribed by the
regulations, the other rate.
Item 3 of Schedule 1 amends subclause 4(2) by
substituting 0.075 for 0.06 cents per kilogram where it first
appears, while Item 4 substitutes 0.1 of a cent
per kilogram where 0.06 cents per kilogram appears the second time.
Again, the effect is to increase both the operative rate and the
maximum rate.
Concluding Comments
See Bills Digest no. 3, 2005 06 for the National Residue Survey
(Excise) Levy Amendment Bill 2005.
Note that levies must be imposed on exports as well as product
sold domestically to ensure that product is treated the same
irrespective of where it is sold.
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 .
- http://www.aph.gov.au/library/pubs/bd/2005-06/06bd003.pdf
Richard Webb
25 July 2005
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
© Commonwealth of Australia 2005
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Published by the Parliamentary Library, 2005.
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