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Primary Industries (Customs) Charges Bill 1998
Bills Digest No. 77 1998-99
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 s tatus. Other sources should be consulted to determine the subsequent official status of the Bill.
Primary Industries (Customs) Charges Bill 1998
The reader is referred to the Digest for the Primary Industries (Excise) Levies B ill 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.
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 These Acts, which are being repealed by the Primary Industries Levies and Charges (Consequential Amendments) Bill 1998 are the: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
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:
â¢ agriculture or the cultivation of land
â¢ the maintenance of animals for commercial purposes
â¢ forest operations
â¢ hunting or trapping
â¢ 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:
â¢ $5 per unit of the animal product
â¢ 35 cents per kilogram of the animal product, or
â¢ 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:
â¢ $5 per unit of the plant product, or
â¢ 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 ).
20 Ja nuary 1999
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.