{"id":"C2024A00055","name":"Primary Industries (Customs) Charges Act 2024","slug":"primary-industries-customs-charges-act-2024","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"55 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436399,"registerId":"C2024A00055-fast-fetch-1775953607575","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Industries (Customs) Charges Act 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nPrimary Industries (Customs) Charges Act 2024\n\nNo. 55, 2024\n\n \n\n \n\n \n\n \n\n \n\nAn Act relating to the imposition of primary industries charges that are duties of customs, and for related purposes\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Simplified outline of this Act\n\n4 Definitions\n\n5 Crown to be bound\n\n6 Application of this Act in external Territories\n\nPart 2—Charges in relation to products that are produce of a primary industry\n\n7 Imposition of charges\n\n8 Imposition of 2 or more charges\n\n9 Exemptions from charge\n\nPart 3—Charges in relation to goods consumed by, or used in the maintenance or treatment of, animals, plants, fungi or algae\n\n10 Imposition of charges\n\n11 Imposition of 2 or more charges\n\n12 Exemptions from charge\n\nPart 4—Rate of charge\n\n13 Rate of charge\n\n14 Components of charge\n\n15 Flexibility in relation to rates of charge\n\n16 Nil or zero rates\n\nPart 5—Charge payer\n\n17 Charge payer\n\nPart 6—Other matters\n\n18 Act does not impose charge on property of a State\n\n19 Net GST not included in price of product or goods or amount paid for product or goods\n\n20 Nominated industry representative bodies and nominated polling bodies\n\n21 Treatment of partnerships\n\n22 Treatment of trusts\n\n23 Treatment of unincorporated bodies or associations\n\n24 Making of regulations\n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nPrimary Industries (Customs) Charges Act 2024\n\nNo. 55, 2024\n\n \n\n \n\n \n\nAn Act relating to the imposition of primary industries charges that are duties of customs, and for related purposes\n\n[Assented to 9 July 2024]\n\nThe Parliament of Australia enacts:\n\nPart 1—Preliminary\n\n \n\n1  Short title\n\n  This Act is the Primary Industries (Customs) Charges Act 2024.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act 1 January 2025. 1 January 2025\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Simplified outline of this Act\n\nThis Act authorises the regulations to:\n\n (a) impose charges in relation to animal products, plant products, fungus products or algal products that are produce of a primary industry; and\n\n (b) impose charges in relation to goods that are of a kind consumed by, or used in the maintenance or treatment of, animals, plants, fungi or algae.\n\nIn addition to imposing a particular charge, the regulations are to set out:\n\n (a) any exemptions from the charge; and\n\n (b) the rate of the charge; and\n\n (c) the person who is liable to pay the charge (the charge payer).\n\n4  Definitions\n\n  In this Act:\n\nalgae means macroalgae, microalgae or cyanobacteria, and includes seaweeds.\n\nalgal product means:\n\n (a) an alga; or\n\n (b) any part of an alga; or\n\n (c) anything produced by an alga; or\n\n (d) anything wholly or principally produced from, or wholly or principally derived from, an alga.\n\nanimal means any member, alive or dead, of the animal kingdom (other than a human being).\n\nanimal product means:\n\n (a) an animal; or\n\n (b) any part of an animal; or\n\n (c) anything produced by an animal; or\n\n (d) anything wholly or principally produced from, or wholly or principally derived from, an animal.\n\naquaculture means propagating, rearing, keeping or breeding aquatic vertebrates or aquatic invertebrates.\n\ncharge means a charge imposed by regulations made for the purposes of Part 2 or 3.\n\nfishing means the catching, capturing or harvesting of aquatic vertebrates or aquatic invertebrates.\n\nforest operations means the growing, harvesting or processing of wood.\n\nfungus means any member, alive or dead, of the fungi kingdom, and includes yeasts, mushrooms and truffles.\n\nfungus product means:\n\n (a) a fungus; or\n\n (b) any part of a fungus; or\n\n (c) anything produced by a fungus; or\n\n (d) anything wholly or principally produced from, or wholly or principally derived from, a fungus.\n\nnominated industry representative body means a body determined to be a nominated industry representative body by an instrument in force under subsection 20(1).\n\nnominated polling body means a body determined to be a nominated polling body by an instrument in force under subsection 20(6).\n\nplant means any member, alive or dead, of the plant kingdom.\n\nplant product means:\n\n (a) a plant; or\n\n (b) any part of a plant; or\n\n (c) anything produced by a plant; or\n\n (d) anything wholly or principally produced from, or wholly or principally derived from, a plant.\n\nproduce of a primary industry means products that result from any of the following:\n\n (a) agriculture or the cultivation of land;\n\n (b) the maintenance of animals for commercial purposes;\n\n (c) soilless growing systems, including hydroponics, aeroponics and aquaponics;\n\n (d) controlled environment cropping, including vertical farming, indoor farming and protected cropping;\n\n (e) forest operations;\n\n (f) fishing;\n\n (g) aquaculture;\n\n (h) hunting or trapping;\n\n (i) picking or harvesting from the wild;\n\n (j) horticulture;\n\n (k) viticulture;\n\n (l) the cultivation of fungi or algae;\n\n (m) any other primary industry activity.\n\nproduct means an animal product, a plant product, a fungus product or an algal product (whether or not any operations have been performed in relation to the product).\n\nproperty of any kind belonging to a State: see subsection 18(2).\n\nSecretary means the Secretary of the Department.\n\n5  Crown to be bound\n\n  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.\n\n6  Application of this Act in external Territories\n\n (1) Subject to subsection (2), this Act and the regulations do not extend to the external Territories.\n\n (2) The regulations may extend this Act, and any provisions of the regulations, to an external Territory that is prescribed by the regulations.\n\n (3) Each charge does not apply to products or goods exported to an external Territory.\n\nPart 2—Charges in relation to products that are produce of a primary industry\n\n \n\n7  Imposition of charges\n\n (1) The regulations may impose a charge in relation to one or more specified products in the circumstances prescribed by the regulations.\n\nNote: Products may be specified by name, by inclusion in a specified class, or in any other way.\n\n (2) The products must be produce of a primary industry.\n\nMinister to be satisfied of matters\n\n (3) Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the imposition of the charge will result in one or more of the following:\n\n (a) expenditure on the marketing, advertising or promotion of products of one or more primary industries;\n\n (b) expenditure on research and development activities for the benefit of one or more primary industries;\n\n (c) expenditure on activities, including biosecurity activities, relating to the promotion or maintenance of the health of plants, animals, fungi or algae;\n\n (d) expenditure on matters relating to a biosecurity response;\n\n (e) expenditure on activities relating to the National Residue Survey;\n\n (f) expenditure:\n\n (i) on any other activity prescribed by the regulations in relation to one or more primary industries; and\n\n (ii) for the benefit of one or more primary industries.\n\nDuty of customs\n\n (4) This section 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.\n\n8  Imposition of 2 or more charges\n\n  This Part does not prevent the imposition of 2 or more charges, whether in relation to the same products or in relation to different products.\n\n9  Exemptions from charge\n\n  The regulations may provide for exemptions from a charge under this Part.\n\nPart 3—Charges in relation to goods consumed by, or used in the maintenance or treatment of, animals, plants, fungi or algae\n\n \n\n10  Imposition of charges\n\n (1) The regulations may impose a charge in relation to one or more specified goods:\n\n (a) that are of a kind consumed by, or used in the maintenance or treatment of, animals, plants, fungi or algae; and\n\n (b) in the circumstances prescribed by the regulations.\n\nNote: Goods may be specified by name, by inclusion in a specified class, or in any other way.\n\nMinister to be satisfied of matters\n\n (2) Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the imposition of the charge will result in either or both of the following:\n\n (a) expenditure on activities, including biosecurity activities, relating to the promotion or maintenance of the health of plants, animals, fungi or algae;\n\n (b) expenditure on matters relating to a biosecurity response.\n\nDuty of customs\n\n (3) This section 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.\n\n11  Imposition of 2 or more charges\n\n  This Part does not prevent the imposition of 2 or more charges, whether in relation to the same goods or in relation to different goods.\n\n12  Exemptions from charge\n\n  The regulations may provide for exemptions from a charge under this Part.\n\nPart 4—Rate of charge\n\n \n\n13  Rate of charge\n\n  The rate of a charge is worked out in accordance with the regulations.\n\n14  Components of charge\n\n (1) The rate of a charge may be expressed to be equal to:\n\n (a) a single component prescribed by the regulations; or\n\n (b) the sum of such components as are prescribed by the regulations.\n\n (2) Subsection (1) does not limit section 13.\n\n15  Flexibility in relation to rates of charge\n\n (1) Different rates of the same charge may be prescribed by the regulations for different kinds of products or goods.\n\n (2) Subsection (1) does not limit section 13.\n\n (3) Subsection (1) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.\n\n16  Nil or zero rates\n\n  The rate of a charge, or a component of the rate of a charge, may be expressed to be:\n\n (a) nil; or\n\n (b) zero; or\n\n (c) $0 or 0 cents per unit of measure; or\n\n (d) 0% of the sale price of a product or goods.\n\nPart 5—Charge payer\n\n \n\n17  Charge payer\n\n  A charge is payable by the person worked out in accordance with the regulations.\n\nPart 6—Other matters\n\n \n\n18  Act does not impose charge on property of a State\n\n (1) This Act does not authorise the imposition of a tax on property of any kind belonging to a State.\n\n (2) Property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.\n\n (3) For the purposes of this section, assume that a reference in section 114 of the Constitution to a State includes a reference to the Australian Capital Territory and the Northern Territory.\n\n19  Net GST not included in price of product or goods or amount paid for product or goods\n\n  Despite section 177‑12 of the A New Tax System (Goods and Services Tax) Act 1999, a reference in the regulations to the price of a product or goods (including sale price or market price), or the amount paid for a product or goods, is taken not to include the net GST (within the meaning of that Act) that is included in that price or amount.\n\n20  Nominated industry representative bodies and nominated polling bodies\n\nNominated industry representative bodies\n\n (1) The Minister may, by legislative instrument:\n\n (a) determine a specified body to be a nominated industry representative body; and\n\n (b) specify one or more charges in relation to that body.\n\n (2) If the Minister does so, before regulations are made setting or amending the rate of such a charge:\n\n (a) if the whole of the rate is specified in relation to the body in accordance with paragraph (3)(a)—the body must be consulted, and may make recommendations to the Minister, about the whole of the rate; or\n\n (b) if a part or parts of the rate are specified in relation to the body in accordance with paragraph (3)(b)—the body must be consulted, and may make recommendations to the Minister, about that part or parts of the rate.\n\n (3) The Minister may, in the instrument under subsection (1):\n\n (a) specify the whole of the rate of a charge in relation to a body for the purposes of paragraph (2)(a); or\n\n (b) specify a part or parts of the rate of a charge in relation to a body for the purposes of paragraph (2)(b).\n\n (4) A nominated industry representative body must, before making a recommendation referred to in paragraph (2)(a) or (b), consult the bodies (if any) specified in relation to the body under subsection (5).\n\n (5) The Minister may, in the instrument under subsection (1), specify bodies in relation to a nominated industry representative body for the purposes of subsection (4).\n\nNominated polling bodies\n\n (6) The Minister may, by legislative instrument:\n\n (a) determine a specified body to be a nominated polling body; and\n\n (b) specify one or more charges in relation to that body.\n\n (7) If the Minister does so, before regulations are made setting or amending the rate of such a charge:\n\n (a) if the whole of the rate is specified in relation to the body in accordance with paragraph (8)(a)—the body must be consulted, and may make recommendations to the Minister, about the whole of the rate; or\n\n (b) if a part or parts of the rate are specified in relation to the body in accordance with paragraph (8)(b)—the body must be consulted, and may make recommendations to the Minister, about that part or parts of the rate.\n\n (8) The Minister may, in the instrument under subsection (6):\n\n (a) specify the whole of the rate of a charge in relation to a body for the purposes of paragraph (7)(a); or\n\n (b) specify a part or parts of the rate of a charge in relation to a body for the purposes of paragraph (7)(b).\n\n (9) A nominated polling body must, before making a recommendation referred to in paragraph (7)(a) or (b), ensure a poll is conducted in accordance with the requirements specified under subsection (10). The recommendation must be in accordance with the results of the poll.\n\n (10) The Minister may, in the instrument under subsection (6), specify requirements that are for, or in relation to, the conduct of a poll for the purposes of subsection (9).\n\n21  Treatment of partnerships\n\n (1) This Act and the regulations apply to a partnership as if it were a person, but with the changes set out in this section.\n\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the regulations is imposed on each partner instead, but may be discharged by any of the partners.\n\n (3) If this Act or the regulations would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n\n (4) For the purposes of this Act and the regulations, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n22  Treatment of trusts\n\n (1) This Act and the regulations apply to a trust as if it were a person, but with the changes set out in this section.\n\nTrusts with a single trustee\n\n (2) If the trust has a single trustee:\n\n (a) an obligation that would otherwise be imposed on the trust by this Act or the regulations is imposed on the trustee instead; and\n\n (b) if this Act or the regulations would otherwise permit something to be done by the trust, the thing may be done by the trustee.\n\nTrusts with multiple trustees\n\n (3) If the trust has 2 or more trustees:\n\n (a) an obligation that would otherwise be imposed on the trust by this Act or the regulations is imposed on each trustee instead, but may be discharged by any of the trustees; and\n\n (b) if this Act or the regulations would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust.\n\n23  Treatment of unincorporated bodies or associations\n\n (1) This Act and the regulations apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the regulations is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n\n (3) If this Act or the regulations would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n\n24  Making of regulations\n\n (1) The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the regulations; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\nConsultation—setting or amending the rate of a charge\n\n (2) Before regulations are made setting or amending the rate of a charge, the Minister must be satisfied that in relation to the proposed regulations:\n\n (a) if one or more nominated industry representative bodies must be consulted about the proposed regulations in accordance with section 20:\n\n (i) the consultation has occurred; and\n\n (ii) if, in accordance with that section, such a body makes a recommendation to the Minister about the rate—the rate does not exceed the rate so recommended; and\n\n (b) if a nominated polling body must be consulted about the proposed regulations in accordance with section 20:\n\n (i) the consultation has occurred; and\n\n (ii) if, in accordance with that section, the body makes a recommendation to the Minister about the rate—the rate does not exceed the rate so recommended; and\n\n (c) if neither a nominated industry representative body nor a nominated polling body must be consulted about the proposed regulations:\n\n (i) appropriate consultation has been undertaken about the proposed regulations with bodies and persons involved in the industry in relation to the charge; and\n\n (ii) any recommendations made by those bodies or persons about the rate have been considered.\n\nNote: For consultation requirements generally, see section 17 (consultation) of the Legislation Act 2003.\n\n (3) The fact that consultation referred to in subsection (2) does not occur does not affect the validity or enforceability of the regulations.\n\nOther instruments\n\n (4) The regulations may make provision in relation to a matter by conferring on the Minister or the Secretary a power to make a legislative instrument.\n\nIncorporation of other instruments\n\n (5) Despite subsection 14(2) of the Legislation Act 2003, the regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n\nNo limit on subsection (1)\n\n (6) Subsections (4) and (5) do not limit subsection (1).\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 18 October 2023\n\nSenate on 16 November 2023]\n\n \n\n(123/23)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"From the text alone there is no clear indication this version departs from its stated statutory purpose: it establishes a delegated regulatory mechanism to impose customs‑style charges on primary‑industry products and related goods to fund marketing, R&D, biosecurity and related activities (sections 7(3) and 10(2)). The Act is drafted broadly by design (wide definitions, delegation to regulations, and explicit consultative mechanisms). Without an earlier bill text or narrower predecessor for direct comparison, the Act’s scope does not appear to have grown beyond the object described within its own provisions."},"complexity_factors":["Broad set of definitions in section 4 covering animals, plants, fungi, algae and modern production methods (hydroponics, vertical farming, aquaculture etc.)","Six Parts and 24 sections with many matters delegated to regulations (section 24) — most substantive detail left to delegated instruments","Multiple cross‑references to other statutes and constitutional limits (section 7(4) and 10(3) referencing s55 of the Constitution; section 19 referencing the GST Act; section 15 referencing Acts Interpretation Act)","Consultation regime with nominated bodies created by legislative instrument (section 20) and mandatory but non‑invalidating consultation requirement (section 24(2)–(3))","Flexible rate architecture allowing single or multiple components, variable rates, nil/zero rates (sections 13–16)","Provision for multiple simultaneous charges (sections 8 and 11), increasing combinatorial complexity in application","Entity treatment rules for partnerships, trusts and unincorporated associations (sections 21–23) that alter normal legal liability rules","Power to incorporate or adopt other instruments as in force from time to time (section 24(5)), which can introduce external complexity and change without primary‑law amendment","Application limits and exceptions for external Territories, State property and Crown binding (sections 5, 6 and 18)"],"plain_english_summary":"The Act empowers the Governor‑General to make regulations imposing customs‑style charges on a broad range of primary‑industry products and on goods used to maintain or treat animals, plants, fungi or algae, with revenue required to fund activities like marketing, R&D and biosecurity. It shifts key design choices (which products, rates, payers, exemptions) from Parliament into delegated regulations, gives nominated industry bodies formal consultation rights (and in some cases a rates ceiling), and is constrained by the constitutional customs power and protections for State property."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a new Act (2024) that consolidates and modernises existing primary industries charging frameworks. It does not appear to have expanded beyond its stated purpose of creating a comprehensive framework for primary industry customs charges. The scope aligns with the original intent as described in the simplified outline and second reading speech context."},"complexity_factors":["Framework legislation with substantive details left to regulations (delegated legislative power)","Multiple defined terms (14 defined terms in section 4, including recursive definitions like 'produce of a primary industry' with 13 sub-categories)","Conditional logic requiring Ministerial satisfaction before regulations can be made (sections 7(3), 10(2), 24(2))","Complex consultation requirements with multiple pathways depending on whether nominated industry representative bodies, nominated polling bodies, or neither are specified (section 20 and 24(2))","Constitutional limitations requiring charges to be 'duties of customs' (sections 7(4), 10(3), 18)","Interaction with GST legislation requiring specific exclusion (section 19)","Treatment of non-corporate entities (partnerships, trusts, unincorporated bodies) requiring special rules (sections 21-23)","Incorporation by reference power allowing regulations to adopt external instruments (section 24(5))"],"plain_english_summary":"This law creates a framework for the Australian Government to impose charges (effectively taxes) on agricultural and primary industry products when they are imported into Australia. These charges are called 'duties of customs' and are designed to fund industry activities like marketing, research, biosecurity, and the National Residue Survey (which checks for chemical residues in food).\n\n**What it covers:**\n- **Animal products** (meat, wool, dairy, etc.)\n- **Plant products** (grains, fruit, vegetables, timber, etc.)\n- **Fungus products** (mushrooms, truffles, yeasts)\n- **Algal products** (seaweed and other algae)\n- **Goods used for animals/plants** (such as veterinary medicines, fertilizers, or feed)\n\n**Key features:**\n- The actual charges aren't set in the Act itself—they will be created later through regulations (secondary laws made by the Governor-General on ministerial advice).\n- Before any charge is created, the Minister must be satisfied the money will be spent on specific industry benefits like marketing, R&D, or biosecurity.\n- **Industry consultation is mandatory**: Before setting rates, the Minister must consult with industry representative bodies. Some bodies can even recommend the maximum rate.\n- **Flexible rates**: Different rates can apply to different products, and rates can be set at zero if needed.\n- **Who pays**: The regulations will specify who is liable to pay each charge (the 'charge payer').\n- **GST exclusion**: When calculating charges based on price, the GST component is excluded.\n- **Constitutional protection**: The Act explicitly avoids taxing State property (which would be unconstitutional) and only operates as a customs duty (tax on imports).\n\n**Why it matters:**\nThis replaces older, product-specific charging laws with a single modern framework. It gives primary industries a sustainable funding mechanism for collective activities that benefit the whole sector—particularly important for biosecurity protection and maintaining market access for Australian exports."}},"importantCases":[],"_links":{"self":"/api/acts/primary-industries-customs-charges-act-2024","history":"/api/acts/primary-industries-customs-charges-act-2024/history","analysis":"/api/acts/primary-industries-customs-charges-act-2024/analysis","conflicts":"/api/acts/primary-industries-customs-charges-act-2024/conflicts","importantCases":"/api/acts/primary-industries-customs-charges-act-2024/important-cases","documents":"/api/acts/primary-industries-customs-charges-act-2024/documents"}}