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This Act may be cited as the Primary Industries (Customs) Charges Act 1999.
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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
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.
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Direct links to the current provisions in Primary Industries (Customs) Charges Act 1999.
This Act may be cited as the Primary Industries (Customs) Charges Act 1999.
This Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999.
The following is a simplified outline of this Act:
• This Act authorises the imposition of primary industries charges that are duties of customs.
• Each of Schedules 1 to 13 imposes a particular charge and makes provision for:
(a) the operative rate of the charge; and
(b) the maximum rate of the charge; and
(c) the person who is liable to pay the charge; and
(d) any exemptions from the charge.
• Schedule 14 allows the regulations to impose charges. In addition to imposing a particular charge, regulations under Schedule 14 are to set out:
(a) the operative rate of the charge; and
(b) the person who is liable to pay the charge; and
(c) any exemptions from the charge.
• Schedule 14 also deals with the maximum rate of charge that can be imposed by regulations under that Schedule.
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.
This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.
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.
The Schedules have effect.
The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(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). (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. (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. (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. (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).
(1) This clause applies to a declaration if: (a) the declaration was made for the purposes of a particular provision of the Live‑stock (Exporters) Export Charge Act 1997; and (b) the declaration was in force immediately before the commencement of this clause. (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.
(1) This clause applies to an authorisation if: (a) the authorisation was made for the purposes of a particular provision of the Live‑stock (Exporters) Export Charge Act 1997; and (b) the authorisation was in force immediately before the commencement of this clause. (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.
Schedule 12—Live‑stock (producers)
The regulations may provide for exemptions from a charge.
(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.
Note: Products may be specified by name, by inclusion in a specified class, or in any other way.
(2) The declaration has effect accordingly. (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. (4) A declaration under this clause is a legislative instruments.
(1) This clause applies to regulations made for the purposes of this Schedule. (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. (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: (a) each body that is a designated body in relation to the product has made a relevant recommendation to the Minister; and (b) all of the relevant recommendations are the same. (4) Before making a recommendation under this clause, a designated body must consult such other bodies (if any) as are specified in the regulations. (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).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Primary Industries (Customs) Charges Act 1999.
This Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999.
The following is a simplified outline of this Act:
• This Act authorises the imposition of primary industries charges that are duties of customs.
• Each of Schedules 1 to 13 imposes a particular charge and makes provision for:
(a) the operative rate of the charge; and
(b) the maximum rate of the charge; and
(c) the person who is liable to pay the charge; and
(d) any exemptions from the charge.
• Schedule 14 allows the regulations to impose charges. In addition to imposing a particular charge, regulations under Schedule 14 are to set out:
(a) the operative rate of the charge; and
(b) the person who is liable to pay the charge; and
(c) any exemptions from the charge.
• Schedule 14 also deals with the maximum rate of charge that can be imposed by regulations under that Schedule.
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.
This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.
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.
The Schedules have effect.
The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1) Charge is imposed on buffaloes exported from Australia after the commencement of this Schedule. (2) The regulations may provide that no amount of charge is payable by producers of buffaloes under this Schedule. (3) Despite anything else in this Schedule, if a regulation of the kind referred to in subclause (2) is made, an amount of charge is not payable under this Schedule on the export of buffaloes in respect of any period while the regulation is in force.
The rate of charge imposed by this Schedule on the export of each head of buffalo is the sum of the following amounts: (a) $4.60 or, if another amount is prescribed by the regulations, the other amount; (b) 73 cents or, if another amount (not exceeding $4.00) is prescribed by the regulations, the other amount.
Note 1: Paragraph (a) identifies amounts that, under the Primary Industries Research and Development Act 1989, are destined for the Rural Industries Research and Development Corporation.
Note 2: Paragraph (b) identifies amounts that, under the National Cattle Disease Eradication Account Act 1991, are destined for the National Cattle Disease Eradication Account.
Charge imposed by this Schedule on buffaloes exported from Australia is payable by the producer of the buffaloes.
(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). (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. (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. (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. (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).
(1) This clause applies to regulations if: (a) the regulations were made for the purposes of a particular provision of the Buffalo Export Charge Act 1997; and (b) the regulations were in force immediately before the commencement of this clause. (2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.
Schedule 2—Cattle (exporters)
In this Schedule:
cattle means bovine animals other than buffalo.
dairy cattle means bovine animals that are, or, if they were not exported from Australia, would be likely to be, held on licensed dairy premises for a purpose related to commercial milk production, including but without limiting the generality of the above, bulls, calves and replacement heifers.
licensed dairy premises means premises that, under the law of the State or Territory in which the premises are situated, are authorised for use as a dairy farm.
live‑stock export marketing body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.
live‑stock export research body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.
(1) Charge is imposed on the export of cattle (other than dairy cattle) from Australia after the commencement of this Schedule. (1A) Charge is imposed on the export of dairy cattle from Australia after the commencement of this subclause. (2) The regulations may provide that no amount of charge is payable by exporters of cattle under this Schedule. (3) Despite anything else in this Schedule, if a regulation of the kind referred to in subclause (2) is made, an amount of charge is not payable under this Schedule on the export of cattle from Australia in respect of any period while the regulation is in force.
(1) The rate of charge imposed by this Schedule on the export of cattle is the sum of: (a) the following amounts: (i) for cattle other than dairy cattle—the amount prescribed per kilogram of cattle so exported; (ii) for dairy cattle—the amount prescribed per head of cattle so exported; and (b) the following amounts: (i) for cattle other than dairy cattle—the amount prescribed per kilogram of cattle so exported; (ii) for dairy cattle—the amount prescribed per head of cattle so exported.
Note 1: Paragraph (1)(a) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the live‑stock export marketing body.
Note 2: Paragraph (1)(b) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the live‑stock export research body.
(2) For the purposes of calculating charge imposed by this Schedule, the weight of cattle exported is their liveweight described in the bill of lading, or similar document of title, facilitating the export of such cattle. (3) Where the liveweight of cattle exported is not described in the bill of lading, or similar document of title, facilitating the export of the cattle, then, for the purposes of calculating charge imposed by this Schedule, the liveweight of the cattle is taken to be 480 kilograms per head.
Charge imposed by this Schedule on the export of cattle from Australia is payable by the exporter of the cattle.
(1) The Minister may, by notice in the Gazette, declare that the body specified in the declaration is the body whose recommendations about the amount to be prescribed for the purposes of subparagraph 3(1)(a)(i) or (ii) or 3(1)(b)(i) or (ii) of this Schedule are to be taken into consideration under subclause (2). (2) If a declaration is in force under subclause (1), then, before the Governor‑General makes regulations prescribing an amount for the purposes of the subparagraph to which the declaration relates, the Minister must take into consideration any relevant recommendation made to the Minister by the body specified in the declaration in relation to that subparagraph. (3) If there is no declaration in force under subclause (1), then, before the Governor‑General makes regulations prescribing an amount for the purposes of subparagraph 3(1)(a)(i) or (ii) or 3(1)(b)(i) or (ii) of this Schedule, the Minister must take into consideration any relevant recommendation made to the Minister by: (a) in relation to regulations for the purposes of subparagraph 3(1)(a)(i) or (ii) of this Schedule—the live‑stock export marketing body; and (b) in relation to regulations for the purposes of subparagraph 3(1)(b)(i) or (ii) of this Schedule—the live‑stock export research body. (4) Before a body mentioned in subclause (3) makes such a recommendation to the Minister, the body must consult with the persons who are required to pay the charge concerned. (5) The regulations must not, for the purposes of subparagraph 3(1)(a)(i) or (ii) or 3(1)(b)(i) or (ii) of this Schedule, prescribe an amount greater than the amount recommended to the Minister for the purposes of that subparagraph under subclause (2) or (3).
(1) This clause applies to regulations if: (a) the regulations were made for the purposes of a particular provision of the Cattle (Exporters) Export Charge Act 1997; and (b) the regulations were in force immediately before the commencement of this clause. (2) The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.
(1) This clause applies to a declaration if: (a) the declaration was made for the purposes of a particular provision of the Cattle (Exporters) Export Charge Act 1997; and (b) the declaration was in force immediately before the commencement of this clause. (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.
Schedule 3—Cattle (producers)
(1) In this Schedule:
bobby calf means a bovine animal (other than a buffalo):
(a) which, at the time when it is exported, had or has a liveweight that did not or does not exceed 80kg; or
(b) which has not had its liveweight determined at the time when it is exported but which, in the opinion of the intermediary, would, if slaughtered at that time, have constituted or constitute a carcase whose dressed weight would not have exceeded or would not exceed 40kg.
cattle means bovine animals other than buffalo.
chargeable bobby calf means a bobby calf to which subclause 3(3) does not apply.
dairy cattle means bovine animals that are, or, if they were not exported from Australia, would be likely to be, held on licensed dairy premises for a purpose related to commercial milk production, including but without limiting the generality of the above, bulls, calves and replacement heifers.
industry marketing body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.
industry research body has the same meaning as in Part 3 of the Australian Meat and Live‑stock Industry Act 1997.
licensed dairy premises means premises that, under the law of the State or Territory in which the premises are situated, are authorised for use as a dairy farm.
(2) A reference in this Schedule to the intermediary is a reference to the person required, under the Primary Industries Levies and Charges Collection Act 1991, to pay to the Commonwealth, on behalf of the producer, an amount equal to the amount of charge imposed by this Schedule.
(1) Charge is imposed on the export from Australia after the commencement of this Schedule of cattle (other than dairy cattle). However, charge is not imposed by this subclause on the export of cattle (other than dairy cattle) if levy under Schedule 3 to the Primary Industries (Excise) Levies Act 1999 or the repealed Cattle Transactions Levy Act 1997 has been paid, or is payable, in respect of an act or transaction relating to the cattle. (2) Charge is imposed on the export from Australia after the commencement of this Schedule of cattle (other than dairy cattle) if: (a) the cattle were purchased by the exporter, whether before or after the commencement of this Schedule; and (b) the period starting on the date of the purchase and ending on the date of the export is longer than the longer of the following periods: (i) 60 days; (iii) the period for which the cattle are required under the law of the country to which they are being exported to be held in quarantine before being exported.
(1) The rate of each of the charges imposed by this Schedule on the export of each head of cattle (other than a chargeable bobby calf) is the sum of the following amounts: (a) $2.16 or, if another amount is prescribed by the regulations, the other amount; (b) 72 cents or, if another amount is prescribed by the regulations, the other amount; (c) 17 cents or, if another amount (not exceeding $4.00) is prescribed by the regulations, the other amount; (d) 13 cents or, if another amount (not exceeding 50 cents) is prescribed by the regulations, the other amount.
Note 1: Paragraph (1)(a) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry marketing body.
Note 2: Paragraph (1)(b) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry research body.
Note 3: Paragraph (1)(c) identifies amounts that, under the National Cattle Disease Eradication Account Act 1991, are destined for the National Cattle Disease Eradication Account.
Note 4: Paragraph (1)(d) identifies amounts that, under the Australian Animal Health Council (Live‑stock Industries) Funding Act 1996, are destined for the Australian Animal Health Council.
(2) The rate of each of the charges imposed by this Schedule on the export of each head of cattle that is a chargeable bobby calf is the sum of the following amounts: (a) 48 cents or, if another amount is prescribed by the regulations, the other amount; (b) 16 cents or, if another amount is prescribed by the regulations, the other amount; (c) the prescribed amount (not exceeding 20 cents), if any; (d) the prescribed amount (not exceeding 50 cents), if any.
Note 1: Paragraph (2)(a) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for the industry marketing body.
Note 2: Paragraph (2)(b) identifies amounts that, under the Australian Meat and Live‑stock Industry Act 1997, are destined for
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