{"id":"C2004A00421","name":"Primary Industries (Customs) Charges Act 1999","slug":"primary-industries-customs-charges-act-1999","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"30 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6038,"registerId":"commonwealth-C2004A00421-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Primary Industries (Customs) Charges Act 1999.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline","content":"#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\n• This Act authorises the imposition of primary industries charges that are duties of customs.\n\n• Each of Schedules 1 to 13 imposes a particular charge and makes provision for:\n\n(a) the operative rate of the charge; and\n\n(b) the maximum rate of the charge; and\n\n(c) the person who is liable to pay the charge; and\n\n(d) any exemptions from the charge.\n\n• Schedule 14 allows the regulations to impose charges. In addition to imposing a particular charge, regulations under Schedule 14 are to set out:\n\n(a) the operative rate of the charge; and\n\n(b) the person who is liable to pay the charge; and\n\n(c) any exemptions from the charge.\n\n• Schedule 14 also deals with the maximum rate of charge that can be imposed by regulations under that Schedule.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  Unless the contrary intention appears, a word or expression has the same meaning in a Schedule to this Act as it has in the Primary Industries Levies and Charges Collection Act 1991.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Act to bind Crown","content":"#### 5 Act to bind Crown\n\n  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Duties of customs","content":"#### 6 Duties of customs\n\n  This Act authorises the imposition of a charge only so far as the charge is a duty of customs within the meaning of section 55 of the Constitution.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Imposition of charge","content":"#### 7 Imposition of charge\n\n  The Schedules have effect.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Regulations","content":"#### 8 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":7},{"sectionNumber":"3A","sectionType":"section","heading":"Regulations","content":"#### 3A Regulations\n\n  (1) The Minister may, by notice in the Gazette, declare a body to be the body whose recommendations about the amount to be prescribed for the purposes of paragraph 2(a) of this Schedule are to be taken into consideration under subclause (2).\n  (2) If a declaration is in force under subclause (1), then, before the Governor‑General makes regulations for the purposes of paragraph 2(a) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the body specified in the declaration.\n  (3) If there is no declaration in force under subclause (1), then, before the Governor‑General makes regulations for the purposes of paragraph 2(a) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by the Rural Industries Research and Development Corporation.\n  (4) Before the Rural Industries Research and Development Corporation makes such a recommendation to the Minister, the Corporation must consult with the persons who are required to pay the charge concerned.\n  (5) The regulations must not, for the purposes of paragraph 2(a) of this Schedule, prescribe an amount greater than the amount recommended to the Minister under subclause (2) or (3).","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Transitional—declarations","content":"#### 9 Transitional—declarations\n\n  (1) This clause applies to a declaration if:\n    (a) the declaration was made for the purposes of a particular provision of the Live‑stock (Exporters) Export Charge Act 1997; and\n    (b) the declaration was in force immediately before the commencement of this clause.\n  (2) The declaration has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.","sortOrder":79},{"sectionNumber":"10","sectionType":"section","heading":"Transitional—authorisations","content":"#### 10 Transitional—authorisations\n\n  (1) This clause applies to an authorisation if:\n    (a) the authorisation was made for the purposes of a particular provision of the Live‑stock (Exporters) Export Charge Act 1997; and\n    (b) the authorisation was in force immediately before the commencement of this clause.\n  (2) The authorisation has effect, after the commencement of this clause, as if it had been made for the purposes of the corresponding provision of this Schedule.\n\nSchedule 12—Live‑stock (producers)","sortOrder":80},{"sectionNumber":"Part 1","sectionType":"part","heading":"Definitions","content":"## Part 1—Definitions","sortOrder":96},{"sectionNumber":"Part 2","sectionType":"part","heading":"Regulations may impose charges on primary industry products","content":"## Part 2—Regulations may impose charges on primary industry products","sortOrder":98},{"sectionNumber":"Part 3","sectionType":"part","heading":"Rate of charge","content":"## Part 3—Rate of charge","sortOrder":102},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":108},{"sectionNumber":"11","sectionType":"section","heading":"Exemptions from charge","content":"#### 11 Exemptions from charge\n\n  The regulations may provide for exemptions from a charge.","sortOrder":110},{"sectionNumber":"12","sectionType":"section","heading":"Designated bodies","content":"#### 12 Designated bodies\n\n  (1) The Minister may, by writing, declare that, for the purposes of this Part, a specified body is to be a designated body in relation to one or more specified products.\n\n> Note: Products may be specified by name, by inclusion in a specified class, or in any other way.\n\n  (2) The declaration has effect accordingly.\n  (3) A declaration under this clause comes into force at a time specified in the declaration. The specified time must not be later than the 28th day after the day on which the declaration was made.\n  (4) A declaration under this clause is a legislative instruments.","sortOrder":111},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n  (1) This clause applies to regulations made for the purposes of this Schedule.\n  (2) If there is a single body that is a designated body in relation to a particular product, then, before the Governor‑General makes a regulation in relation to the product, the Minister must take into consideration any relevant recommendation made to the Minister by the body.\n  (3) If there are 2 or more bodies that are designated bodies in relation to a particular product, then, before the Governor‑General makes a regulation in relation to the product (other than a regulation that has the effect of reducing the rate of a charge), the Minister must take into consideration any relevant recommendations made to the Minister by those bodies, so long as:\n    (a) each body that is a designated body in relation to the product has made a relevant recommendation to the Minister; and\n    (b) all of the relevant recommendations are the same.\n  (4) Before making a recommendation under this clause, a designated body must consult such other bodies (if any) as are specified in the regulations.\n  (5) The regulations must not, for the purposes of Part 3 of this Schedule, prescribe a rate of charge (in respect of the marketing component, or the research and development component, of the charge) greater than the rate recommended to the Minister in accordance with subclause (2) or (3).","sortOrder":112}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act consolidates and reauthorises existing export charges previously set under separate Acts and preserves earlier regulations, declarations and determinations by transitional clauses (see multiple 'Transitional' clauses in Schedules). It also establishes an explicit, broader regulatory power to impose additional primary‑industry charges subject to statutory maximums (Schedule 14). Overall it continues and formalises prior coverage rather than narrowing the population in scope."},"complexity_factors":["Large number of sector‑specific Schedules (1–13) each with distinct rate formulas, payers and exemptions (e.g. per head, per kg, percentage of value).","Broad delegated regulation‑making power to impose new charges and set rates/payers, with statutory maximums for plant and animal products (Schedule 14).","Multiple classes of liable persons (producers, exporters, importers, intermediaries) distributed across Schedules, increasing compliance variation.","Frequent cross‑references to other Acts and external rate definitions (eg Primary Industries Levies and Charges Collection Act 1991; Primary Industries (Excise) Levies Act 1999).","Mandatory consultation/recommendation processes with industry or R&D bodies before regulations may fix rates, but final discretion lies with Minister/Governor‑General (eg Schedule 3A, various Schedules).","Numerous transitional provisions preserving prior regulations, declarations and determinations, requiring administratively complex roll‑over treatment.","Variable calculation methods and exceptions (declared values, fallback weights, conversion factors, per‑head vs weight vs value), increasing measurement and audit complexity.","Delegation and legislative instrument mechanisms (designated bodies, Minister determinations, conversion factors) create layered administrative rules (Schedule 6, Schedule 7/8, Schedule 14)."],"plain_english_summary":"This Act authorises primary‑industry charges as duties of customs and sets operative and maximum rates, who pays, and exemptions across 14 Schedules; regulations may create additional charges and set rates and payers (s3, s6, Schedule 14). It binds the Crown. Producers, exporters, importers or intermediaries typically bear the charges (eg Schedules 1–13). The Minister and Governor‑General set rates by regulation after considering industry or research body recommendations (eg Schedule 3A, Schedule 5, Schedule 14), creating administrative discretion and compliance obligations; transitional clauses preserve prior rules."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2329},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This Act is a consolidation instrument that brings together and replaces 13 separate export charge Acts (e.g., Buffalo Export Charge Act 1997, Cattle (Exporters) Export Charge Act 1997, Wine Export Charge Act 1997, etc.). While Schedule 14 provides a general regulatory power to impose charges on additional primary industry products, this is consistent with the Act's original purpose as a comprehensive framework for primary industries customs charges. The scope has not expanded beyond the collective coverage of the Acts it replaced."},"complexity_factors":["14 separate schedules each with product-specific definitions, rates, and liability rules","Extensive cross-referencing to the Primary Industries (Excise) Levies Act 1999 and other legislation (e.g., Australian Meat and Live-stock Industry Act 1997)","Multi-component rate calculations (e.g., marketing component + R&D component + disease eradication component)","Conditional exemptions and complex triggering events (e.g., quarantine periods, re-importation of exported goods)","Delegated legislative framework requiring Ministerial consideration of industry body recommendations before making regulations","Constitutional limitation requiring charges to be 'duties of customs' (section 55 of the Constitution)","Transitional provisions preserving regulations and declarations from 13 repealed predecessor Acts"],"plain_english_summary":"This Act consolidates multiple laws to impose export charges (customs duties) on Australian primary industry products, charging producers or exporters when goods leave the country. Rates are set mainly by regulation with industry input and legal caps, and revenues fund marketing, R&D and disease‑eradication bodies. It also authorises future export levies across animal and plant products, prevents double‑dipping with domestic levies, and allows limited exemptions for small exporters."}},"importantCases":[],"_links":{"self":"/api/acts/primary-industries-customs-charges-act-1999","history":"/api/acts/primary-industries-customs-charges-act-1999/history","analysis":"/api/acts/primary-industries-customs-charges-act-1999/analysis","conflicts":"/api/acts/primary-industries-customs-charges-act-1999/conflicts","importantCases":"/api/acts/primary-industries-customs-charges-act-1999/important-cases","documents":"/api/acts/primary-industries-customs-charges-act-1999/documents"}}