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National Residue Survey (Customs) Levy Amendment Bill 2005



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Parliament of Australia

Department of Parliamentary Services

Parliamentary Library BILLS DIGEST

Information analysis and advice for the Parliament

25 July 2005, no. 4, 2005-06, ISSN 1328-8091

National Residue Survey (Customs) Levy Amendment Bill 2005

Richard Webb Economics, Commerce and Industrial Relations Section

Contents

Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Basis of policy commitment/position of significant interest groups . . . . . . . . . . . . . . . . 2

Main Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Concluding Comments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2 National Residue Survey (Customs) Levy Amendment Bill 2005

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.

Purpose

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

Basis of policy commitment/position of significant interest groups

See Bills Digest no. 3, 2005-06 for the National Residue Survey (Excise) Levy Amendment Bill 2005.

Main Provisions

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:

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.

National Residue Survey (Customs) Levy Amendment Bill 2005 3

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’.

Endnotes

1 See: http://www.aph.gov.au/library/pubs/bd/2005-06/06bd003.pdf

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.

4 National Residue Survey (Customs) Levy Amendment Bill 2005

 Copyright Commonwealth of Australia 2005

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 Department of Parliamentary Services, other than by senators and members of the Australian Parliament in the course of their official duties.

This brief has been prepared to support the work of the Australian Parliament using information available at the time of production. The views expressed do not reflect an official position of the Information and Research Service, nor do they constitute professional legal opinion.

Members, Senators and Parliamentary staff can obtain further information from the Information and Research Services on (02) 6277 2464.

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.