Download WordBills Digest No. 78 1998-99
Primary Industries Levies and Charges (Consequential Amendments) Bill 1998
Warning:
This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does n ot have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.
Contents
Passage History
Primary Industries Levies and Charges (Consequential Amendments) Bill 1998
Date Introduced: 3 December 1998
House: House of Representatives
Portfolio: Agriculture, Fisheries and Forestry
Commencement: With the exception of amendments proposed by Part 2 of Schedule 1 (items 80 and 81), Parts 3 and 4 of Schedule 2 (items 37-40), Part 3 of Schedule 3 (item 8) and Parts 2 and 3 of Schedule 5 (items 18-36) which relate to the wine grapes levy and commence on 1 January 2000, the Bill commences on 1 July 1999.
Purpose
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 major amendments proposed by the Bill:
⢠repeal 40 existing levy and charge Acts
⢠provide for amendments consequential on the repeal of those levy and charge Acts, and
⢠provide transitional arrangements necessitated by the transition from the old levy and charge legislation to the new legislation.
Background
The reader is referred to the Digest for the Primary Industries (Excise) Levies Bill 1998.
Main Provisions
Repeal of Levy and Charge Acts
Schedule 1 ( items 1-81 ) of the Bill repeals 40 existing levy and charge Acts. These levy and charge Acts are being consolidated into two proposed Acts, these being, the Primary Industries (Excise) Levies Act 1998 and Primary Industries (Customs) Charges Act 1998. Schedule 1 also specifies when and in respect to what dealing a repeal or process is to apply.
The levy and charge Acts repealed are:
Beef Production Levy Act 19990
Buffalo Slaughter Levy Act 1997
Buffalo Export Charge Act 1997
Cattle (Exporters) Export Charge Act 1997
Cattle (Producers) Export Charges Act 1997
Cattle Transactions Levy Act 1997
Coarse Grains Levy Act 1992
Cotton Levy Act 1982
Dairy Produce Levy (No. 1) Act 1986
Dairy Produce Levy (No. 2) Act 1986
Deer Export Charge Act 1992
Deer Slaughter Levy Act 1992
Deer Velvet Export Charge Act 1992
Deer Velvet Levy Act 1992
Dried Fruits Levy Act 1971
Forest Industries Research Export Charge Act 1993
Forest Industries Research Levy Act 1971
Forest Industries Research Import Charge Act 1993
Goat Fibre Levy Act 1989
Grain Legumes Levy Act 1985
Grape Research Levy Act 1986
Honey Export Charge Act 1973
Honey Levy Act (No. 1) 1962
Honey Levy Act (No. 2) 1962
Horticultural Export Charge Act 1987
Horticultural Levy Act 1987
Laying Chicken Levy Act1988
Live-stock (Exporters) Export Charge Act 1997
Live-stock (Producers) Export Charge Act 1997
Livestock Slaughter (Processors) Levy Act 1997
Livestock Transactions Levy Act 1997
Meat Chicken Levy Act 1969
Oilseeds Levy Act 1977
Pasture Seed Levy Act 1971
Pig Slaughter Levy Act 1989
Rice Levy Act 1991
Sugar Cane Levy Act 1987
Wine Export Charge Act 1997
Wine Grapes Levy Act 1979
Wheat Levy Act 1989
Schedules 2-11 Consequential and Transitional Amendments
The major amendments proposed by Schedules 2-11 are consequential on the repeal of the levy and charge Acts repealed by Schedule 1 . Schedules 2-11 also provide transitional arrangements necessitated by the transition from the old levy and charge legislation to the new legislation.
Major amendments proposed by Schedules 2-11 include:
⢠item 28 of Schedule 2 amends the Primary Industries Levies and Charges Collection Act 1991 to provide that where a levy is imposed by regulation under the proposed Primary Industries (Excise) Levies Act 1998 on the slaughter of an animal, the regulations may provide that the owner of the abattoir may refuse to slaughter or allow the slaughter of the animal at the abattoir unless the person liable to pay the levy provides them with the funds necessary to pay the levy on behalf of the person. In addition, regulations made for the above purposes override any State or Territory laws to the contrary, or any contract entered into before or after 1 July 1999 and
⢠item 33 of Schedule 2 amends the Primary Industries Levies and Charges Collection Act 1991 to provide that an associated Act (ie. an Act specified in Schedules 1 or 2 [other than the Dairy Produce Levy (No. 2) Act 1986 ] or prescribed for the purposes of the definition of charge or levy) has not effect to the extent it authorises the imposition of a tax on State or Territory property.
Contact Officer
Ian Ireland
20 January 1999
Bills Digest Service
Information and Research Services
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