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This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
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Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Contact Officer and Copyright Details
Primary Industries (Customs) Charges
Bill 1998
Date Introduced: 3 December 1998
House: House of Representatives
Portfolio: Agriculture, Fisheries and Forestry
Commencement: 1 July 1999
The Bill is part
of a package of five Bills, the major purpose of which is to
consolidate 40 levy and charge imposition Acts into two Acts. The
Bill imposes 13 charges that are customs duties.
The reader is referred to the Digest for the
Primary Industries (Excise) Levies Bill 1998.
Clause 6 provides that the Bill
only authorises the imposition of charges in so far as the levies
are duties of customs within the meaning of section 55 of the
Constitution. The reader is referred to the 'Background' to the
Digest for the Primary Industries (Excise) Levies Bill 1998 for an
explanation of why the proposed charges must be duties of
customs.
Imposition
of Charges - Schedules 1-13
Schedules 1-13 impose charges
on 13 agricultural, livestock and forestry products. The Schedules
do not impose any new charges or additional rates of charge.
Schedules 1-13 replace provisions for the
imposition of charges contained in 13 separate charge imposition
Acts. These Acts, which are being repealed by the Primary
Industries Levies and Charges (Consequential Amendments) Bill 1998
are the:
Buffalo Export Charge Act 1997
Cattle (Exporters) Export Charge Act
1997
Cattle (Producers) Export Charges Act
1997
Dairy Produce Levy (No. 2) Act 1986
Deer Export Charge Act 1992
Deer Velvet Export Charge Act 1992
Forest Industries Research Export Charge Act
1993
Forest Industries Research Import Charge Act
1993
Honey Export Charge Act 1973
Horticultural Export Charge Act
1987
Live-stock (Exporters) Export Charge Act
1997
Live-stock (Producers) Export Charge Act
1997
Wine Export Charge Act 1997
Imposition
of Charges by Regulation
Item 2 of Schedule
14 provides that the regulations may impose a charge on
the produce of a primary industry. The term 'produce of primary
industry' is defined by item 1 of Schedule
14 to mean products that result from any of the
following:
-
- agriculture or the cultivation of land
-
- the maintenance of animals for commercial purposes
-
- forest operations
-
- fishing
-
- hunting or trapping
-
- horticulture
-
- any other primary industry activity
Two or more charges may be imposed on the same
products or on different products (item 3 of
Schedule 14). In addition, a charge may be imposed
on a particular product even if another Schedule of this Bill
applies to the product (item 4 of Schedule
14).
Item 5 of Schedule
14 provides that the rate of a prescribed charge is as set
out in the regulations. Item 8 of Schedule
14 provides that the total rate of charge, or rates of
charges, that may be imposed on animal products must not exceed
whichever is the greater of the following maximums:
-
- $5 per unit of the animal product
-
- 35 cents per kilogram of the animal product, or
-
- 7% of the value of the animal product.
The term 'animal product' is defined by
item 1 of Schedule 14 to mean an
animal, any part of an animal, anything produced by an animal, or
anything wholly or principally produced or derived from an
animal.
Item 9 of Schedule
14 provides that the total rate of charge, or rates of
charges, that may be imposed on plant products must not exceed
whichever is the greater of the following maximums:
-
- $5 per unit of the plant product, or
-
- 5% of the value of the plant product.
The term 'plant product' is defined by
item 1 of Schedule 14 to mean a
plant, any part of a plant, anything produced by a plant, or
anything wholly or principally produced or derived from a
plant.
The person liable to pay a prescribed charge
will be as set out in the regulation (item 10 of
Schedule 14).
The regulations may provide for exemptions from
charges (item 11 of Schedule
14).
Ian Ireland
20 January 1999
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
© Commonwealth of Australia 1999
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Published by the Department of the Parliamentary Library,
1999.
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