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1998-99
THE
PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
PRIMARY INDUSTRIES LEVIES AND CHARGES
(CONSEQUENTIAL AMENDMENTS) BILL
1998
REVISED EXPLANATORY
MEMORANDUM
(Circulated by authority of the Minister
for Agriculture, Fisheries and Forestry,
the Hon Mark Vaile,
MP)
ISBN: 0642 392900
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
1999 and Primary Industries (Customs) Charges Bill 1999.
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 1999 and
National Residue Survey (Excise) Levy Amendment Bill 1999.
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
1999, 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 1999.
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
1999.
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 1999 and the
Primary Industries (Customs) Charges Act 1999.
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 1999 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 1999.
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 1999.
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 1999.
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 1999 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 1999 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 1999, 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 1999 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 1999 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 1999
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
1999 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 1999 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 1999 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 1999,
Schedule 4 of the Primary Industries (Customs) Charges Act 1999, 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 1999, Schedule 4 of the Primary Industries
(Customs) Charges Act 1999, 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 1999, Schedule 4 of the
Primary Industries (Customs) Charges Act 1999, the repealed Dairy
Produce Levy (No. 1) Act 1986 or the repealed Dairy Produce Levy (No. 2)
Act 1986 in such instances.