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Primary Industries Levies and Charges (Consequential Amendments) Bill 1998

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1998

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

PRIMARY INDUSTRIES LEVIES AND CHARGES (CONSEQUENTIAL AMENDMENTS) BILL 1998

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Agriculture, Fisheries and Forestry,

the Hon Mark Vaile MP)



PRIMARY INDUSTRIES LEVIES AND CHARGES (CONSEQUENTIAL AMENDMENTS) BILL 1998

 

GENERAL OUTLINE

 

This Bill is part of a package of five Bills designed to consolidate 40 levy/charge imposition Acts into two main Acts - the Bills for which are the Primary Industries (Excise) Levies Bill 1998 and Primary Industries (Customs) Charges Bill 1998 .

 

The other Bills in the Primary Industries Levies Amalgamation legislation are Primary Industries Levies and Charges (Consequential Amendments) Bill 1998 , National Residue Survey (Customs) Levy Amendment Bill 1998 and National Residue Survey (Excise) Levy Amendment Bill 1998 .

 

The effect of the Bills will be to simplify Parliamentary processes without reducing the normal opportunities for consideration of substantive issues.  Under present arrangements separate consideration may be needed for individual charges and levies even if they are all part of a single scheme.

 

The current schemes for imposing charges are retained.  These Bills will not create any new administrative burdens for industry.

 

The purpose of this Bill is to provide for amendments to various Acts affected by the repeal of certain Acts imposing levies and charges on primary industry products.  The Bill also contains amendments to related primary industry legislation so that they will be consistent with the new levies and charges Acts.

 

This Bill also includes necessary transitional arrangements so that processes underway when the new Acts commence will continue where appropriate.

 

FINANCIAL IMPACT STATEMENT

 

As the intent of the Bill is to provide more efficient charging processes for primary industries levies and charges there are no financial implications for the Commonwealth, other than the savings involved when changes need to be made.



PRIMARY INDUSTRIES LEVIES AND CHARGES (Consequential Amendments) Bill 1998

 

Schedule 1 - Repeal of certain levy and charge Acts

 

Clause 1 :        Short title

 

This clause provides for the short title of the Act to be the Primary Industries Levies and Charges (Consequential Amendments) Act 1998.

 

Clause 2:        Commencement

 

This clause provides for the Act to come into effect on 1 July 1999 as specified in the Primary Industries (Excise) Levies Act 1998 , except for that part repealing the Wine Grapes Levy Act 1979 , and providing for related consequential transitional arrangements and amendments, which are to come into effect on 1 January 2000.

 

Clause 3:        Schedule(s)

 

This clause provides for amendment or repeal of all Commonwealth primary industries levy or charges Acts as set out in the Schedules to the Act.

 



Schedule 1 - Repeal of certain levy and charge Acts

 

Part 1 - Repeals commencing on 1 July 1999

 

Beef Production Levy Act 1990

 

Item 1:            The whole of the Act

 

This item repeals the Beef Production Act 1990 .

 

Item 2:            Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Buffalo Export Charge Act 1997

 

Item 3:            The whole of the Act

 

This item repeals the Buffalo Export Charge Act 1997 .

 

Item 4:            Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Buffalo Slaughter Levy Act 1997

 

Item 5:            The whole of the Act

 

This item repeals the Buffalo Slaughter Levy Act 1997 .

 

Item 6:            Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Cattle (Exporters) Export Charge Act 1997

 

Item 7:            The whole of the Act

 

This item repeals the Cattle (Exporters) Export Charge Act 1997 .

 

Item 8:            Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Cattle (Producers) Export Charges Act 1997

 

Item 9:            The whole of the Act

 

This item repeals the Cattle (Exporters) Export Charge Act 1997 .

 

Item 10:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Cattle Transactions Levy Act 1997

 

Item 11:          The whole of the Act

 

This item repeals the Cattle Transactions Levy Act 1997 .

 

Item 12:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Coarse Grains Levy Act 1992

 

Item 13:          The whole of the Act

 

This item repeals the Coarse Grains Levy Act 1992 .

 

Item 14:          Application

 

The intention of this item is to provide processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Cotton Levy Act 1982

 

Item 15:          The whole of the Act

 

This item repeals the Cotton Levy Act 1982.

 

Item 16:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Dairy Produce Levy (No. 1) Act 1986

 

Item 17:          The whole of the Act

 

This item repeals the Dairy Produce Levy (No. 1) Act 1986 .

 

Item 18:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Dairy Produce Levy (No. 2) Act 1986

 

Item 19:          The whole of the Act

 

This item repeals the Dairy Produce Levy (No. 2) Act 1986 .

 

Item 20:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Deer Export Charge Act 1992

 

Item 21:          The whole of the Act

 

This item repeals the Deer Export Charge Act 1992 .

 

Item 22:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Deer Slaughter Levy Act 1992

 

Item 23:          The whole of the Act

 

This item repeals the Deer Slaughter Levy Act 1992 .

 

Item 24:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Deer Velvet Export Charge Act 1992

 

Item 25:          The whole of the Act

 

This item repeals the Deer Velvet Export Charge Act 1992 .

 

Item 26:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Deer Velvet Levy Act 1992

 

Item 27:          The whole of the Act

 

This item repeals the Deer Velvet Levy Act 1992 .

 

Item 28:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Dried Fruits Levy Act 1971

 

Item 29:          The whole of the Act

 

This item repeals the Dried Fruits Levy Act 1971 .

 

Item 30:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Forest Industries Research Export Charge Act 1993

 

Item 31:          The whole of the Act

 

This item repeals the Forest Industries Research Export Charge Act 1993 .

 

Item 32:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Forest Industries Research Import Charge Act 1993

 

Item 33:          The whole of the Act

 

This item repeals the Forest Industries Research Import Charge Act 1993 .

 

Item 34:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Forest Industries Research Levy Act 1993

 

Item 35:          The whole of the Act

 

This item repeals the Forest Industries Research Levy Act 1993 .

 

Item 36:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Goat Fibre Levy Act 1989

 

Item 37:          The whole of the Act

 

This item repeals the Goat Fibre Levy Act 1989 .

 

Item 38:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Grain Legumes Levy Act 1985

 

Item 39:          The whole of the Act

 

This item repeals the Grain Legumes Levy Act 1985 .

 

Item 40:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Grape Research Levy Act 1986

 

Item 41:          The whole of the Act

 

This item repeals the Grape Research Levy Act 1986.

 

Item 42:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Honey Export Charge Act 1973

 

Item 43:          The whole of the Act

 

This item repeals the Honey Export Charge Act 1973 .

 

Item 44:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Honey Levy Act (No. 1) 1962

 

Item 45:          The whole of the Act

 

This item repeals the Honey Levy Act (No. 1) 1962 .

 

Item 46:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Honey Levy Act (No. 2) 1962

 

Item 47:          The whole of the Act

 

This item repeals the Honey Levy Act (No. 2) 1962 .

 

Item 48:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Horticultural Export Charge Act 1987

 

Item 49:          The whole of the Act

 

This item repeals the Horticultural Export Charge Act 1987 .

 

Item 50:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Horticultural Levy Act 1987

 

Item 51:          The whole of the Act

 

This item repeals the Horticultural Levy Act 1987 .

 

Item 52:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Laying Chicken Levy Act 1988

 

Item 53:          The whole of the Act

 

This item repeals the Laying Chicken Levy Act 1988 .

 

Item 54:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Live-stock (Exporters) Export Charge Act 1997

 

Item 55:          The whole of the Act

 

This item repeals the Live-stock (Exporters) Export Charge Act 1997 .

 

Item 56:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Live-stock (Producers) Export Charges Act 1997

 

Item 57:          The whole of the Act

 

This item repeals the Live-stock (Producers) Export Charges Act 1997 .

 

Item 58:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Live-stock Slaughter (Processors) Levy Act 1997

 

Item 59:          The whole of the Act

 

This item repeals the Live-stock Slaughter (Processors) Levy Act 1997 .

 

Item 60:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Live-stock Transactions Levy Act 1997

 

Item 61:          The whole of the Act

 

This item repeals the Live-stock Transactions Levy Act 1997 .

 

Item 62:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Meat Chicken Levy Act 1969

 

Item 63:          The whole of the Act

 

This item repeals the Meat Chicken Levy Act 1969 .

 

Item 64:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Oilseeds Levy Act 1977

 

Item 65:          The whole of the Act

 

This item repeals the Oilseeds Levy Act 1977 .

 

Item 66:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Pasture Seed Levy Act 1989

 

Item 67:          The whole of the Act

 

This item repeals the Pasture Seed Levy Act 1989 .

 

Item 68:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Pig Slaughter Levy Act 1971

 

Item 69:          The whole of the Act

 

This item repeals the Pig Slaughter Levy Act 1971 .

 

Item 70:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Rice Levy Act 1991

 

Item 71:          The whole of the Act

 

This item repeals the Rice Levy Act 1991 .

 

Item 72:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Sugar Cane Levy Act 1987

 

Item 73:          The whole of the Act

 

This item repeals the Sugar Cane Levy Act 1987 .

 

Item 74:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Wheat Levy Act 1989

 

Item 75:          The whole of the Act

 

This item repeals the Wheat Levy Act 1989 .

 

Item 76:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 

Item 77:          Transitional - commencement of renaming provision

 

To avoid doubt this item provides that the renaming of the Wheat Industry Fund Levy Act 1989 as the Wheat Levy Act 1989 is taken to have commenced immediately before this Schedule commenced.

 

Wine Export Charge Act 1997

 

Item 78:          The whole of the Act

 

This item repeals the Wine Export Charge Act 1997 .

 

Item 79:          Application

 

The intention of this item is to enable processes underway at the time of commencement of the new Act to continue to finality, thus ensuring that no relevant transactions are inadvertently overlooked and to avoid disruption and possibly additional costs to industry.

 

It will also ensure that levy or charge on pre-commencement dealings continues to be payable under the old Act even after the commencement of the new Act.

 



Part 2 - Repeal commencing on 1 January 2000

 

Wine Grapes Levy Act 1979

 

Item 80:          The whole of the Act

 

This item repeals the Wine Grapes Levy Act 1979 .

 

Item 81:          Application

 

The later commencement of this part is due to provisions of the Wine Grapes Levy Act 1979 that allow operative levy rates to be set for a levy year (ie: a calendar year).  The earlier commencement date would have created unnecessary administrative burdens for levy payers.

 



Schedule 2 - Amendments of the Primary Industries Levies and Charges Collection Act 1991

 

Part 1 - Amendments commencing on 1 July 1999

 

Item 1:            Subsection 4(1) (paragraph (b) of the definition of associated Act)

 

This item deletes the reference to the repealed Dairy Produce Levy (No. 2) Act 1986 .

 

Item 2:            Subsection 4(1) (definition of charge)

 

This item provides that charges may be imposed directly by the Act, or under the Schedules to the Primary Industries (Customs) Charges Act 1998 .

 

Item 3:            Subsection 4(1) (definition of feedlot operator)

 

This item substitutes the new Schedules for their counterpart repealed Acts.

 

Item 4:            Subsection 4(1) (definition of forest industries levy or charge)

 

This item replaces the existing definition with one relating to the new Schedules which impose forest industries levies and charges.

 

Item 5:            Subsection 4(1) (definition of levy)

 

This item provides that charges may be imposed directly by the Act, or under the Schedules to the Primary Industries (Excise) Levies Act 1998 .

 

Item 6:            Subsection 4(1) (paragraph (b) of the definition of prescribed goods or services)

 

This item substitutes the new Schedule for its counterpart repealed Act.

 

Item 7:            Subsection 4(1) (paragraph (a) of the definition of producer)

 

This item substitutes the new Schedule for its counterpart repealed Act.

 

Item 8:            Subsection 4(1) (paragraph (da) of the definition of producer)

 

This item substitutes the new Schedule for its counterpart repealed Act.

 

Item 9:            Subsection 4(1) (paragraph (f) of the definition of producer)

 

This item corrects drafting errors in section 9 of the Australian Meat and Livestock (Repeals & Consequentials) Act 1997 .

 

Item 10:          Subsection 4(1) (paragraph (fa) of the definition of producer)

 

This item substitutes the new Schedule for its counterpart repealed Act.

 

Item 11:          Subsection 4(1) (paragraph (fb) of the definition of producer)

 

This item deletes a reference to a repealed Act, insofar as it is no longer relevant to the definition of producer.

 

Item 12:          Subsection 4(1) (paragraph (fc) of the definition of producer)

 

This item substitutes the new Schedule for its counterpart repealed Act.

 

Item 13:          Subsection 4(1) (paragraph (g) of the definition of producer)

 

This item substitutes the new Schedule for its counterpart repealed Act, insofar as it is relevant to the collection of charges.

 

Item 14:          Subsection 4(1) (paragraph (ga) of the definition of producer)

 

This item substitutes the new Schedule for its counterpart repealed Act.

 

Item 15:          Subsection 4(1) (paragraph (hb) of the definition of producer)

 

This item substitutes the new Schedule for its counterpart repealed Act.

 

Item 16:          Paragraph 4(2)(a)

 

 This item substitutes relevant parts of the new Schedule for counterpart provisions in the repealed Act.

 

Item 17:          Paragraph 4(2)(b)

 

This item substitutes a provision in the new Schedule for its counterpart in the repealed Act.

 

Item 18:          Paragraph 4(2)(c)

 

This item substitutes a provision in the new Schedule for its counterpart in the repealed Act.

 

Item 19:          Paragraph 4(2)(d)

 

This item substitutes a provision in the new Schedule for its counterpart in the repealed Act.

 

Item 20:          Paragraph 4(2)(e)

 

This item substitutes a provision in the new Schedule for its counterpart in the repealed Act.

 

Item 21:          Paragraph 4(2)(f)

 

This item substitutes a provision in the new Schedule for its counterpart in the repealed Act.

 

Item 22:          At the end of paragraph 4(4)(b)

 

This item adds ‘or’ at the end of the provision to allow for the addition of item 23 of this Act.

 

Item 23:          After paragraph 4(4)(b)

 

This item provides for words and expressions defined in the Primary Industries (Excise) Levies Act 1998 and the Primary Industries (Customs) Charges Act 1998 .

 

Item 24:          Subsection 4(4)

 

This item substitutes a provision in the new Act for its counterpart in the repealed Act.

 

Item 25:          At the end of section 4

 

This item adds a provision that allows for a charge imposed by Schedule 4 of the Primary Industries (Customs) Charges Act 1998 to also be referred to as later levy or charge.  Convention has provided that duties of excise are called levies and duties of customs are called charges.  To avoid confusion this item provides interchangeability of names.

 

Item 26:          Subsection 7(2A)

 

This item substitutes the new Schedule for its counterpart repealed Act.

 

Item 27:          Subsection 8(4)

 

This item substitutes a new Schedule for a counterpart repealed Act.

 

Item 28:          After subsection 8(4A)

 

This item enables regulations to provide that an abattoir proprietor can refuse to slaughter of an animal at the abattoir or permit the slaughter of an animal at the abattoir unless the funds for the levy payable are made available, notwithstanding any law of a State or Territory or any contract entered into whether before or after the commencement of clause 4(C).

 

Item 29:          Subsection 24A(1)

 

This item substitutes the new Schedule for its counterpart repealed Act.

 

Item 30:          Section 24A (note)

 

This item substitutes the new Schedule for its counterpart repealed Act.

 

Item 31:          Subsection 28(9) (paragraph (b) of the definition of relevant decision)

 

This item repeals the redundant part of the definition of ‘relevant decision’.

 

Item 32:          Subsection 28(9) (paragraph (d) and (e) of the definition of relevant decision)

 

This item adds to the definition of what ‘relevant decision’ is in relation to the declared value of deer velvet.  This type of relevant decision may be reconsidered by the Minister or the Administrative Appeals Tribunal.

 

Item 33:          After section 29

 

This item provides that an associated Act does not authorise the imposition of a tax on the property of a State, the Australian Capital Territory or the Northern Territory, ‘property of any kind belonging to a State’ having the meaning of Section 114 of the Constitution.

 

Item 34:          Schedules 1 and 2

 

This item substitutes new Schedules based on the new package of legislation for charges and levies.



Part 2 - Transitional provisions relating to amendments made by Part 1

 

Item 35:          Transitional - pre-commencement charges and levies

 

This item provides for the collection of levy and charge already imposed or payable in progress under the repealed Acts.  It means that all levy and charge imposed or payable before the commencement of the amendments to the Primary Industries Levies and Charges Collections Act 1991 , can be collected under the original provisions.

 

Item 36:          Transitional - regulations

 

This item provides for the continuing application of existing regulations, except where there is a contrary intention in the legislation.

 



Part 3 - Amendments commencing on 1 January 2000

 

Item 37:          Subsection 4(1)(paragraph (ha) of the definition of producer)

 

This item modifies the definition of ‘producer’ in relation to prescribed goods and the wine grapes levy.  The producer remains ‘the person who is the owner of the product when the wine-making process begins.’

 

Item 38:          Schedule 2

 

This item deletes a reference to the Wine Grapes Levy Act 1979 from Schedule 2 of the Primary Industries Levies and Charges Collection Act 1991 , as the levy Act is being repealed by Part 2 of Schedule 1 to this Act.

 



Part 4 - Transitional provisions relating to wine grapes levy

 

Item 39:          Transitional - pre-commencement levy

 

This item provides for the continuation of levy collection already in progress under the repealed Acts.  It means that all levy imposed or payable before 1 July 2000 under the Wine Grapes Levy Act 1979 can continue to be collected under that Act.

 

Item 40:          Transitional - regulations

 

This item provides for the continuing application of existing regulations, except where there is a contrary intention.

 



Schedule 3 - Amendment of the Primary Industries and Energy Research and Development Act 1989

 

Part 1 - Amendments commencing on 1 July 1999

 

Item 1:            Subsection 4(1) (before paragraph (a) of the definition of research component)

 

This item provides that the whole of the wheat levy is funding for research.

 

Item 2:            Subsection 4(1)(paragraph (a) of the definition

 

This item amends the references to the Wheat Levy Act 1989 to refer to it as ‘repealed’.

 

Item 3:            Subsections 5(4) and (5)

 

This item amends the references to the Wheat Levy Act 1989 to refer to it as ‘repealed’.

 

Item 4:            Subsection 25(4)

 

This item replaces the emphasis on the reference to the Forest Industries Research Import Charge Act 1993 with a new reference to the new counterpart Schedule 8 to the Primary Industries (Customs) Charges Act 1998 .

 

Item 5:            Subsection 31(4)

 

This item updates references to Acts applying to forest industries research charges and levies.

 

Item 6:            Section 33A

 

This item updates references to Acts applying to forest industries research charges and levies.

 



Part 2 - Transitional provision relating to amendments made

by Part 1

 

Item 7:            Transitional - regulations

 

This item provides for the continuing application of existing regulations, except where there is a contrary intention.  It means that action that commenced before 1 July 1999 under regulations existing at that time, continue in force as if those regulations were made under the new Acts.

 



Part 3 - Transitional provision relating to wine grapes levy

 

Item 8:            Transitional - regulations

 

This item provides for the continuing application of existing regulations, except where a contrary intention is evident.  It means that the old regulations have effect as if they were made under the corresponding provisions of the new legislation.

 



Schedule 4 - Amendment of the Australian Horticultural Corporation Act 1987

 

Item 1:            Subsection 3(1)

 

This item inserts a definition of the component of the charge destined for a product Board.

 

Item 2:            Subsection 3(1)

 

This item inserts a definition of the component of the levy destined for a product Board.

 

Item 3:            Subsection 3(1)

 

This item inserts a definition of the component of the charge destined for the Corporation.

 

Item 4:            Subsection 3(1)

 

This item inserts a definition of the component of the levy destined for the Corporation.

 

Item 5:            Subsection 3(1) (definition of export charge)

 

This item repeals a definition made redundant by the repeal of the Horticultural Export Charge Act 1987 .  A definition of ‘old export charge’ is inserted by item 11 to allow clarity in reference to the charge.

 

Item 6:            Subsection 3(1) (definition of Export Charge Act)

 

This item repeals a definition made redundant by the repeal of the Horticultural Export Charge Act 1987 .

 

Item 7:            Subsection 3(1)(definition of Export Charge Collection Act)

 

This item repeals a definition made redundant by the repeal of the named Act by the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 .

 

Item 8:            Subsection 3(1) (definition of levy)

 

This item repeals a definition made redundant by the new definitions in this Schedule.

 

Item 9:            Subsection 3(1) (definition of Levy Act)

 

This item repeals a definition made redundant by the repeal of the Horticultural Levy Act 1987 .

 

Item 10:          Subsection 3(1) (definition of Levy Collection Act)

 

This item repeals a definition made redundant by the repeal of the named Act by the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 .

 

Item 11:          Subsection 3(1)

 

This item inserts a definition of ‘old export charge’.  This is needed to clarify the differences between old and new charge.  This definition is complementary to those in Items 1, 2, 3 and 4 above.

 

Item 12:          Subsection 3(1)

 

This item defines the term ‘old Export Charge Act’, as being repealed by the Horticultural Export Charge Act 1987 .

 

Item 13:          Subsection 3(1)

 

This item defines the term ‘old Export Charge Collection Act’.  The former Horticultural Export Charge Collection Act 1987 was repealed by Schedule 2 of the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 .

 

Item 14:          Subsection 3(1)

 

This item adds a definition of ‘old levy’.  This is necessary because the Act relating to those levies is being repealed.  This definition is complementary to those in Items 1, 2, 3 and 4 above.

 

Item 15:          Subsection 3(1)

 

This item defines the term ‘old Levy Act’.

 

Item 16:          Subsection 3(1)

 

This item defines the term ‘old Levy Collection Act’, as the former Horticultural Export Levy Collection Act 1987 which was repealed by of the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 .

 

Item 17:          Before section 47

 

This item adds new sections defining the Corporation’s components of levies and charges.

 

Item 18:          Before paragraph 47(1)(a)

 

This item provides for payment of levy amounts received by the Commonwealth to the Corporation.

 

Item 19:          Section 47

 

This item amends the provision in relation to payments of components of levy to the Corporation so that references are consistent with the new Acts.

 

Item 20:          Paragraph 47(1)(aa)

 

This item provides that amounts of penalty received by the Commonwealth in respect of the Corporation’s component of levy are to be paid to the Corporation.

 

Item 21:          Section 47

 

This item updates the references to the old Levy Collection Act (ie: the former Horticultural Levy Collection Act 1987 , which was repealed by the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 .

 

Item 22:          Before paragraph 47(2)(a)

 

This item provides for payment of charge amounts received by the Commonwealth to the Corporation.

 

Item 23:          Section 47

 

This item updates the references to the old charge Acts.  The repealed Horticultural Export Charge Act 1987 is being replaced by Schedule 10 of the Primary Industries (Customs) Charges Act 1998 .

 

Item 24:          Paragraph 47(2)(aa)

 

This item provides that amounts of penalty received by the Commonwealth in respect of the Corporation’s component of charge are to be paid to the Corporation.

 

Item 25:          Section 47

 

This item updates references to the old export charge collection Acts (ie: the former Horticultural Export Charge Collection Act 1987 ,which was repealed by the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 .

 

Item 26:          Paragraph 47(2A)(a)

 

This item updates a reference to the repealed Act.

 

Item 27:          Subsection 47(2A)

 

This item updates a reference to the repealed Act.

 

Item 28:          Subsection 47(2A)

 

This item updates a reference to the repealed Act.

 

Item 29:          Subsection 47 (2A)

 

This item updates a reference to the repealed Act.

 

Item 30:          Paragraph 47(2A)(f)

 

This item updates a reference to the repealed Act.

 

Item 31:          After subsection 43(3)

 

This item provides that the Corporation’s component of levy includes amounts collected under the Primary Industries Levies and Charges Collection Act 1991 and under collection agreements in relation to levy components.

 

Item 32:          After subsection 47(4)

 

This item provides that the Corporation’s component of levy includes amounts collected under the Primary Industries Levies and Charges Collection Act 1991 and under collection agreements in relation to levy components.

 

Item 33:          Paragraph 47(5)(aa)

 

This item updates a reference to a paragraph.

 

Item 34:          Paragraphs 47(5A)(a) and (6A)(a)

 

This item updates references to a paragraph.

 

Item 35:          Paragraphs 47A(1)(a) and (b)

 

This item updates references to old Acts.

 

Item 36:          Paragraphs 47A (2)(a) and (b)

 

This item updates references to old Acts.

 

Item 37:          Subparagraph 48(1)(aa)(i)

 

This item provides that certain payments to the Commonwealth by the Corporation are to relate to all levy and charge collections.

 

Item 38:          Before section 115Q

 

This item provides the mechanisms for determining the component of charge or levy for a Product Board.

 

Item 39:          Before paragraph 115Q(1)(a)

 

This item updates references in respect of amounts of levy and charge to be paid to Product Boards.

 

Item 40:          Paragraph 115Q(1)(a)

 

This item updates a reference to levy received under old Acts.

 

Item 41:          Section 115Q

 

This item updates a reference to the old levy Act.

 

Item 42:          Paragraph 115Q(1)(b)

 

This item updates a reference to the old export charge.

 

Item 43:          Section 115Q

 

This item updates a reference to the old export charge Act.

 

Item 44:          Section 115Q

 

This item updates a reference to the old levy collection Act.

 

Item 45:          Paragraph 115Q(1)(c)

 

This item updates a reference to the old levy.

 

Item 46:          Section 115Q

 

This item updates a reference to the old charge collection Act.

 

Item 47:          Paragraph 115(1)(d)

 

This item updates a reference to the old export charge.

 

Item 48:          After subsection 115Q(3)

 

This item provides that the Corporation’s component of levy includes amounts collected under the Primary Industries Levies and Charges Collection Act 1991 and under collection agreements in relation to levy components.  It also has similar provisions for related penalty payments.

 

Item 49:          Subsection 115Q(4)

 

This item updates a reference to old levy.

 

Item 50:          Subsection 115Q(5)

 

This item updates a reference to old charge.

 



Schedule 5 - Amendment of the Australian Wine and Brandy Corporation Act 1980

 

Part 1 - Amendments commencing on 1 July 1999

 

Item 1:            Subsection 4(1)

 

This item adds a definition of ‘wine export charge’.

 

Item 2:            Subsection 29U(1) (definition of Charge Act)

 

This item deletes the existing definition.

 

Item 3:            Subsection 29U(1)

 

This item adds a definition of ‘old Charge Act’ (ie: the repealed Wine Export Charge Act 1997 ).

 

Item 4:            Before paragraph 29V(1)(a)

 

This item updates references to old charges.

 

Item 5:            Paragraph 29V(1)(b)

 

This item updates a reference to the old charge Act.

 

Item 6:            Before paragraph 32(a)

 

This item updates references to old charges.

 

Item 7:            Paragraphs 32(a) and (b)

 

This item updates references to a paragraph.

 

Item 8:            Paragraph 32(c)

 

This item updates a reference to the old charge Act.

 

Item 9:            Paragraph 32(d)

 

This item updates a reference to the old charge Act.

 

Item 10:          Subsection 33(1)

 

This item updates a reference to the old charge Act.

 

Item 11:          Subsection 33(1)

 

This item updates a reference to a paragraph.

 

Item 12:          Subsection 33(2)

 

This item updates a reference to the old charge Act.

 

Item 13:          At the end of section 33

 

This item provides for repayment by the Corporation of over payments of charges.

 

Item 14:          Subparagraph 35(ab)(i)

 

This item updates references to paragraphs.

 

Item 15:          Before paragraph 39ZL(1)(c)

 

This item updates references to old charges.

 

Item 16:          Paragraphs 39ZL(1)(d) and (e)

 

This item updates references to the old charge Act.

 

Item 17:          Subsection 39ZL(2)

 

This item updates a reference to a subsection.

 



Part 1 - Amendments commencing on 1 January 2000

 

Item 18:          Subsection 4(1)

 

This item inserts s a definition of ‘Corporation’s component of wine grapes levy’.

 

Item 19:          Subsection 4(1)

 

This item inserts a definition of ‘wine grapes levy’.

 

Item 20:          Subsection 29U(1) (definition of Levy Act)

 

This item deletes a definition.

 

Item 21:          Subsection 29U(1)

 

This item inserts a definition of ‘old Levy Act’ (ie: the repealed Wine Grapes Levy Act 1979 ).

 

Item 22:          Subsection 29U(2)

 

This item provides that liability to pay levy includes that imposed under the new Act and any outstanding obligations under the old Act.

 

Item 23:          Before paragraph 29V(1)(ab)

 

This item updates references to old levies.

 

Item 24:          Paragraph 29V(1)(a)

 

This item updates a reference to the old levy Act.

 

Item 25:          Subsection 29Z(1)

 

This item updates references to old levies.

 

Item 26:          Section 29ZA

 

This item updates a reference to the old levy Act.

 

Item 27:          Before section 32

 

This item defines the ‘Corporation’s component of wine grapes levy’.

 

Item 28:          Before paragraph 32(ac)

 

This item updates references to old levies.

 

Item 29:          Paragraphs 32(a) and (b)

 

This item updates references to the old levy Act.

 

Item 30:          Paragraph 32(b)

 

This item updates a reference to the old levy collection Act, which was replaced by the Primary Industries Levies and Charges Collection Act 1991 .

 

Item 31:          Subsection 33(1)

 

This item updates a reference to the old levy Act.

 

Item 32:          At the end of section 33

 

This item provides for repayment by the Corporation of overpayments of levies.

 

Item 33:          Subparagraph 35(ab)(i)

 

This item updates references to paragraphs.

 

Item 34:          Before paragraph 39ZL(1)(bb)

 

This item updates references to old levies.

 

Item 35:          Paragraph 39ZL(1)(c)

 

This item updates a reference to the old levy Act.



Part 3 - Transitional provision relating to wine grapes levy

 

Item 36:          Transitional provision relating to wine grapes levy

 

This item provides for the continuing application of existing regulations, except where there is a contrary intention.

 



Schedule 6 - Amendment of the Horticultural Research and Development Corporation Act 1987

 

Item 1:         Subsection 3(1)

 

This item provides a definition of ‘Corporation’s component of charge’.

 

Item 2:            Subsection 3(1)

 

This item provides a definition of ‘Corporation’s component of levy’.

 

Item 3:            Subsection 3(1) (definition of Export Charge Act)

 

This item deletes a redundant definition.

 

Item 4:            Subsection 3(1) (definition of levy Act)

 

This item deletes a redundant definition.

 

Item 5:            Subsection 3(1)

 

This item provides a definition of ‘old Export Charge Act’, as being the repealed Horticultural Export Charge Act 1987 .

 

Item 6:            Subsection 3(1)

 

This item provides a definition of ‘old Export Charge Collection Act’, as being the repealed Horticultural Export Charge Collection Act 1987 .

 

Item 7:            Subsection 3(1)

 

This item provides a definition of ‘old Levy Act’, as being the repealed Horticultural Levy Act 1987 .

 

Item 8:            Subsection 3(1)

 

This item provides a definition of ‘old Levy Collection Act’, as being the repealed Horticultural Levy Collection Act 1987 .

 

Item 9:            Before section 45

 

This item provides for determination of the Corporation’s components of levy and charge.

 

Item 10:          Before paragraph 45(1)(a)

 

This item updates reference to old levies.

 

Item 11:          Section 45

 

This item updates a reference to the old levy Act.

 

Item 12:          Paragraph 45(1)(aa)

 

This item updates references to old levies.

 

Item 13:          Section 45

 

This item updates a reference to the old levy collection Act.

 

Item 14:          Section 45.

 

This item updates a reference to the old export charge Act.

 

Item 15:          Before paragraph 45(2)(aa)

 

This item updates references to old charges.

 

Item 16:          Paragraph 45(2)(aa)

 

This item updates references to old charges.

 

Item 17:          Section 45

 

This item updates a reference to the old export charge collection Act.

 

Item 18:          After subsection 45(3)

 

This item provides that the Corporation’s component of levy includes amounts collected under the Levies and Charges Act and under agreements about levy components.

 

Item 19:          After subsection 45(4)

 

This item provides that the Corporation’s component of charge includes amounts collected under the Primary Industries Levies and Charges Collection Act 1991 and under collection agreements in relation to charge components.

 

Item 20:          Paragraph 45(5A)(a)

 

This item updates a reference to the old levy Act.

 

Item 21:          Paragraphs 45A(1)(a) and (b)

 

This item updates references to the old Acts.

 

Item 22:          Paragraphs 45A(2)(a) and (b)

 

This item updates references to the old Acts.

 

Item 23:          Paragraph 46(3)(a)

 

This item updates references to old levies.

 

Item 24:          Subsection 46(3)

 

This item updates a reference to the old levy collection Act.

 

Item 25:          Subsection 46(3)

 

This item updates a reference to the old charge collection Act.

 

Item 26:          Subparagraph 47(1)((aa)(i)

 

This item updates references to old levies and charges.

 



Schedule 7 - Amendment of the Pig Industry Act 1986

 

Item 1:            Section 4

 

This item defines the term ‘Corporation’s component of levy’.

 

Item 2:            Paragraph 7(1)(d)

 

This item updates the reference to an Act.

 

Item 3:            Before section 23

 

This item provides the basis of determination of the Corporation’s component of levy.

 

Item 4:            Subsection 23(1)

 

This item updates references to levy Acts.

 

Item 5:            After subsection 23(1)

 

This item provides that the Corporation’s component of levy includes penalty payments.

 

Item 6:            Subsection 23(2)

 

This item updates a reference to a paragraph.

 

Item 7:            Paragraphs 23(2)(a) and (b)

 

This item updates references to a paragraph.

 

Item 8:            Paragraph 23(2)(b)

 

This item updates a reference to an Act.

 



Schedule 8 - Amendment of the National Cattle Disease Eradication Reserve Act 1991

 

Item 1:            Section 3

 

This item defines the term ‘Reserve’s component of charge’.

 

Item 2:            Section 3

 

This item defines the term ‘Reserve’s component of levy’.

 

Item 3:            After section 4

 

This item provides the means of determining what is a Reserve’s component of charge or levy.

 

Item 4:            Before paragraph 5(a)

 

This item updates references to levies and charges.

 

Item 5:            Paragraphs 5(a) and (aa)

 

This item updates a reference to a levy Act.

 

Item 6:            Paragraph 5(ab)

 

This item updates a reference to a levy Act.

 

Item 7:            Paragraphs 5(b) and (ba)

 

This item updates references to a charge Act.

 

Item 8:            Paragraph 5(baa)

 

This item updates a reference to a charge Act.

 

Item 9:            Paragraph 5(bb)

 

This item updates a reference to a levy Act.

 

Item 10:          Paragraph 5(bc)

 

This item updates a reference to a levy Act.

 

Item 11:          Paragraph 5(bca)

 

This item updates a reference to a levy Act.

 

Item 12:          Paragraph 5(bd)

 

This item updates a reference to a charge Act.

 

Item 13:          Paragraph 5(be)

 

This item updates a reference to a charge Act.

 



Schedule 9 - Amendment of the Australian Animal Health Council (Live-stock Industries) Funding Act 1996

 

Item 1:            Section (before paragraph (a) of the definition of Australian Animal Health Council levy)

 

This item updates references to provisions of charges and levies Acts.

 

Item 2:            Section 3 (paragraphs (a), (b), (c), (d), (e), (f), (g) and (h) of the definition of Australian Animal Health Council levy

 

This item updates references to charges and levies Acts.

 



Schedule 10 - Amendment of the Australian Meat and Live-stock Industry Act 1997

 

Item 1:            Before subsection 63(1)

 

This item updates references to provisions of charges and levies Acts.

 

Item 2:            Paragraphs 64(1)(a), (b), (c), (d) (e),(f) (g) and (h)

 

This item updates references to charges and levies Acts.

 

Item 3:            Before subsection 64(1)

 

This item updates references to provisions of charges and levies Acts.

 

Item 4:            Paragraphs 64(1)(a), (b), (c), (d) (e),(f) (g) and (h)

 

This item updates references to levies and charges Acts.

 

Item 5:            Subsection 65(1)

 

This item updates references to levies and charges Acts.

 

Item 6:            Subsection 65(1)

 

This item updates references to levies and charges Acts.

 

Item 7:            Subsection 65(2)

 

This item updates references to charges.

 

Item 8:            Subsection 65(2)

 

This item updates references to charges.

 

Item 9:            Subsection 65(3)

 

This item updates references to levies.

 

Item 10:          Subsection 65(3)

 

This item updates references to levies.

 

Item 11:          Paragraph 66(2)(a)

 

This item updates a reference to charges and levies provisions.

 



Schedule 11 - Amendment of the Dairy Produce Act 1986

 

Item 1:            Subsection 3(1)(definition of corporation levy)

 

This item provides a new definition of the term ‘corporation levy’, to take account of the new Acts.

 

Item 2:            Subsection 3(1)(definition of dairy products levy)

 

This item deletes the definition.

 

Item 3:            Subsection 3(1)(definition of exotic animal disease levy)

 

This item deletes the definition.

 

Item 4:            Subsection 3(1) (definition of first Levy Act)

 

This item deletes the definition.

 

Item 5:            Subsection 3(1) (definition of market support levy)

 

This item deletes the definition.

 

Item 6:            Subsection 3(1) (definition of milk fat levy)

 

This item deletes the definition.

 

Item 7:            Subsection 3(1) (definition of old Corporation levy)

 

This item defines the term ‘old corporation levy’ as being the Corporation levy imposed under the repealed Dairy Produce Levy (No. 1) Act 1986 and includes any penalties payable under the Primary Industries Levies and Charges Collection Act 1991 .

 

Item 8:            Subsection 3(1) (definition of old dairy products levy)

 

This item defines the term ‘old dairy products levy’ as being the dairy products levy imposed under section 9 of the repealed Dairy Produce Levy (No. 1) Act 1986 or sections 5 or 8 of the repealed Dairy Produce Levy (No. 2) Act 1986 and includes any penalties payable under the Primary Industries Levies and Charges Collection Act 1991 .

 

Item 9:            Subsection 3(1) (definition of old first levy Act)

 

This item defines the term ‘old first Levy Act’ as being the repealed  Dairy Produce Levy (No. 1) Act 1986 .

 

Item 10:          Subsection 3(1)

 

This item defines the term ‘old market support levy’ as being the market support levy imposed under the repealed Dairy Produce Levy (No. 1) Act 1986 and includes any penalties payable under the Primary Industries Levies and Charges Collection Act 1991 .

 

Item 11:          Subsection 3(1)

 

This item defines the term ‘old promotion levy’ as being the promotion levy imposed under the repealed Dairy Produce Levy (No. 1) Act 1986 and includes any penalties payable under the Primary Industries Levies and Charges Collection Act 1991 .

 

Item 12:          Subsection 3(1)

 

This item defines the term ‘old research levy’ as being the research levy imposed under the repealed Dairy Produce Levy (No. 1) Act 1986 and includes any penalties payable under the Primary Industries Levies and Charges Collection Act 1991 .

 

Item 13:          Subsection 3(1)

 

This item defines the term ‘old second Levy Act’ as being the repealed Dairy Produce Levy (No. 2) Act 1986 .

 

Item 14:          Subsection 3(1)(definition of promotion levy)

 

This item provides a new definition of the term ‘promotion levy’, to take account of the new Acts.

 

Item 15:          Subsection 3(1) (definition of relevant dairy produce)

 

This item provides a new definition of the term ‘relevant dairy produce’ to take account of the new Acts.

 

Item 16:          Subsection 3(1) (definition of research levy)

 

This item deletes the definition.

 

Item 17:          Subsection 3(1) (definition of second Levy Act)

 

This item deletes the definition.

 

Item 18:          Subsection 3(3)

 

This item provides that the words and expressions used in this Act have the same meaning as they have for Schedule 6 of the Primary Industries (Excise) Levies Act 1998 .

 

Item 19:          Before Paragraph 71(1)(a)

 

This item provides for amounts received as Corporation levy under Schedule 6 of the Primary Industries (Excise) Levies Act 1998 to be paid to the Australian Dairy Corporation.

 

Item 20:          Paragraph 71(1)(a)

 

This item provides for amounts received as Corporation levy under the repealed Dairy Produce Levy (No. 1) Act 1986 , and now defined as ‘old Corporation levy’, to be paid to the Australian Dairy Corporation.

 

Item 21:          Paragraph 71(1)(b)

 

This item provides for amounts received in the discharge of the liability of a person under subsection 7(1) or 7(2) of the Primary Industries Levies and Charges Collection Act 1991 in respect of the old Corporation levy and the Corporation levy to be paid to the Australian Dairy Corporation.

 

Item 22:          Subparagraph 74(1)(ca)(i)

 

This item allows the money of the Corporation to be used to meet the expenses incurred by the Commonwealth in collecting or recovering the Corporation levy, the old Corporation levy and any liability of a person under subsection 7(1) or 7(2) of the Primary Industries Levies and Charges Collection Act 1991 with respect to these levies.

 

Item 23:          Subparagraph 88(1)(d)(i)

 

This item is amended to specify the treatment of research levy collected under Schedule 6 of the Primary Industries (Excise) Levies Act 1998 but not attached under section 5 of the Primary Industries and Energy Research and Development Act 1989.

 

Item 24:          Paragraphs 90(1)(a) and (b)

 

This item is amended to provide for amounts received as Promotion levy under Schedule 6 of the Primary Industries (Excise) Levies Act 1998, as Promotion levy under the repealed Dairy Produce Levy (No. 1) Act 1986 (now defined as ‘old promotion levy’) and amounts received under section 7 of the Primary Industries Levies and Charges Collection Act 1991 with respect of both of these levies, to be paid into the Promotion Fund of the Australian Dairy Corporation.

 

Item 25:          Subparagraph 91(aa)(i)

 

This item is amended to allow Promotion Fund monies to be used to meet the expenses incurred by the Commonwealth in collecting or recovering the Promotion levy, the old Promotion levy and any liability of a person under subsection 7 of the Primary Industries Levies and Charges Collection Act 1991 with respect to these levies.

 

Item 26:          At the end of section 92

 

This item adds a note about the winding up of the Market Support Fund.

 

Item 27:          Paragraphs 93(1)(a) and (c)

 

This item is amended to ensure that market support levy imposed through the repealed Dairy Produce Levy (No. 1) Act 1986 , now defined as ‘old market support levy’, is paid into the Market Support Fund held by the Australian Dairy Corporation.

 

Item 28:          Paragraphs 93(1)(b)

 

This item is amended to ensure that dairy products levy imposed through the repealed Dairy Produce Levy (No. 2) Act 1986 , now defined as ‘old dairy products levy’, is paid into the Market Support Fund held by the Australian Dairy Corporation.

 

Item 29:          Paragraphs 93(1)(b)

 

This item is amended to refer to the repealed Dairy Produce Levy (No. 2) Act 1986 .

 

Item 30:          Section 103 (definition of acquisition offset levy)

 

This item redefines the term ‘acquisition offset levy’ for the purposes of Part VII, Division 5 of the Dairy Produce Act 1986 .

 

Item 31:          Section 103 (definition of import offset levy)

 

This item redefines the term ‘import offset levy’ for the purposes of Part VII, Division 5 of the Dairy Produce Act 1986 .

 

Item 32:          Section 103 (definition of manufacturing milk levy)

 

This item redefines the term ‘manufacturing milk levy’ for the purposes of Part VII, Division 5 of the Dairy Produce Act 1986 .

 

Item 33:          Section 103 (definition of market milk)

 

This item redefines the term ‘market milk’ for the purposes of Part VII, Division 5 of the Dairy Produce Act 1986 .

 

Item 34:          Section 103 (definition of market milk levy)

 

This item redefines the term ‘market milk levy’ for the purposes of Part VII, Division 5 of the Dairy Produce Act 1986 .

 

Item 35:          Section 103 (definition of milk fat rate)

 

This item redefines the term milk fat rate for the purposes of Part VII, Division 5 of the Dairy Produce Act 1986.

 

Item 36:          Section 103 (definition of protein rate)

 

This item redefines the term protein rate for the purposes of Part VII, Division 5 of the Dairy Produce Act 1986 .

 

Item 37:          after Paragraph 107(2)(a)

 

This item provides for monies received from charges imposed under Schedule 4 of the Primary Industries (Customs) Charges Act 1998 to be paid to the Australian Dairy Corporation.

 

Item 38:          Paragraph 107(2)(b)

 

This item provides for monies received from levies imposed under the repealed Dairy Produce Levy (No. 2) Act 1986 to be paid to the Australian Dairy Corporation.

 

Item 39:          At the end of paragraph 107(2)(c)

 

This item provides for any penalties payable under the Primary Industries Levies and Charges Collection Act 1991 with respect to the acquisition offset levy, charges imposed under Schedule 4 of the Primary Industries (Customs) Charges Act 1998 or levies imposed under the repealed Dairy Produce Levy (No. 2) Act 1986 to be paid to the Australian Dairy Corporation.

 

Item 40:          Paragraph 108D(1)(b)

 

This item provides for a negative amount of manufacturing milk levy for a particular month imposed under Schedule 6 of the Primary Industries (Excise) Levies Act 1998 for the period from 1 July 1999 or the repealed Dairy Produce Levy (No. 1) Act 1986 for the period before 1 July 1999 to be considered for the purposes of determining whether a manufacturer has a negative levy entitlement in respect of that month.

 

Item 41:          Subsection 108D(4)

 

This item corrects an earlier drafting error.

 

Item 42:          Paragraph 108E(1)(c)

 

This item provides for a levy rebate on manufacturing milk to be paid on exported dairy produce for which manufacturing milk levy has been paid, either under Schedule 6 of the Primary Industries (Excise) Levies Act 1998 for the period from 1 July 1999 or the repealed Dairy Produce Levy (No. 1) Act 1986 for the period before 1 July 1999, and there has been no rebate or monthly levy offset claimed in respect of that produce. This rebate is subject to the submission of the relevant documentation and subsequent approval of the claim.

 

Item 43:          Paragraph 109A(1)(b)

 

This item provides a transitional arrangement to avoid any disruption to the method for determining acquisition and import offset levy liability of prescribed exporters in certain circumstances.  It does this by confining the operation of paragraph 1(b) to financial years prior to 1 July 1999.

 

Item 44:          Paragraph 109A(1)(b)

 

This item is amended to refer to the repealed Dairy Produce Levy (No. 1) Act 1986 .

 

Item 45:          At the end of paragraph 109A(1)(b)

 

This item provides a link between the existing paragraph and a new one.

 

Item 46:          After paragraph 109A(1)(b)

 

This item provides a transitional arrangement to avoid any disruption to the method for determining acquisition and import offset levy liability of prescribed exporters in certain circumstances.  It does this by confining the operation of paragraph 1(b) to financial years beyond 1 July 1999.

 

Item 47:          Section 109A(2) (Maximum Amount)

 

This item defines maximum amount of acquisition offset levy payable by a prescribe exporter in respect of that year on the basis of the acquisition offset levy imposed under the repealed Dairy Produce Levy (No. 1) Act 1986 for a financial year before 1 July 1999 or acquisition offset levy imposed under Schedule 6 of the Primary Industries (Excise) Levies Act 1998 for a financial year after 1 July 1999. 

 

Item 48:          Subsection 109(A)(2)  (definition of levy)

 

The item clarifies that this section relates to the import offset levy and the acquisition offset levy.

 

Item 49:          Subsection 109A(4)

 

This item ensures that references in this section to milk fat and protein rates for a month have the same meaning as item 8 of Schedule 6 of the Primary Industries (Excise) Levies Act 1998 for a month after 1 July 1999 or section 7 of the repealed Dairy Produce Levy (No. 1) Act 1986 for a month before 1 July 1999.

 

Item 50:          Subsection 109B(5)

 

The item clarifies that this section relates to the import offset levy and the acquisition offset levy.

 

Item 51:          Subsection 109B(5)

 

This item provides for the consideration, where appropriate, of Schedule 6 of the Primary Industries (Excise) Levies Act 1998, Schedule 4 of the Primary Industries (Customs) Charges Act 1998, the repealed Dairy Produce Levy (No. 1) Act 1986 or the repealed Dairy Produce Levy (No. 2) Act 1986 for the purposes of this section 

 

Item 52:          At the end of section 109B

 

This item provides interpretation of the terms ‘acquisition offset levy’ and ‘import offset levy’ for the purposes of the section.

 

Item 53:          Paragraph 111A(1)(a)

 

Sometimes it is not possible to determine the milk fat rate of a quantity of dairy produce.  This item is amended to provide for the determination of the milk fat content of dairy produce for the purposes of the Dairy Produce Act 1986 , Schedule 6 of the Primary Industries (Excise) Levies Act 1998, Schedule 4 of the Primary Industries (Customs) Charges Act 1998, the repealed Dairy Produce Levy (No. 1) Act 1986 or the repealed Dairy Produce Levy (No. 2) Act 1986 in such instances.  

 

Item 54:          Paragraph 111A(2)(a)

 

Sometimes it is not possible to determine the protein rate of a quantity of dairy produce.  This item is amended to provide for the determination of the protein content of dairy produce for the purposes of the Dairy Produce Act 1986, Schedule 6 of the Primary Industries (Excise) Levies Act 1998, Schedule 4 of the Primary Industries (Customs) Charges Act 1998, the repealed Dairy Produce Levy (No. 1) Act 1986 or the repealed Dairy Produce Levy (No. 2) Act 1986 in such instances.