Primary Industries (Customs) Charges Amendment (Australian Grape and Wine Authority) Act 2013
No. 137, 2013
An Act to amend the Primary Industries (Customs) Charges Act 1999, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Primary Industries (Customs) Charges Act 1999
Primary Industries (Customs) Charges Amendment (Australian Grape and Wine Authority) Act 2013
No. 137, 2013
An Act to amend the Primary Industries (Customs) Charges Act 1999, and for related purposes
[Assented to 13 December 2013]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Primary Industries (Customs) Charges Amendment (Australian Grape and Wine Authority) Act 2013.
2 Commencement
(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.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 13 December 2013 |
2. Schedule 1 | At the same time as Part 2 of Schedule 1 to the Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013 commences. | 1 July 2014 |
Note: This table relates only to the provisions of this Act as originally enacted.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.
(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.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Primary Industries (Customs) Charges Act 1999
1 Clause 1 of Schedule 13 (heading)
Omit “Definitions”, substitute “Definition”.
2 Clause 1 of Schedule 13 (definition of Corporation)
Repeal the definition.
3 Clause 5 of Schedule 13
Repeal the clause.
[Minister’s second reading speech made in—
House of Representatives on 14 November 2013
Senate on 3 December 2013]
Overview
The Primary Industries (Customs) Charges Amendment (Australian Grape and Wine Authority) Act 2013 was enacted by the Parliament of Australia to amend the Primary Industries (Customs) Charges Act 1999. This Act was introduced to address the need for updating and streamlining the regulatory framework governing the Australian grape and wine industry. It seeks to ensure that the imposition of customs charges aligns with the functions and responsibilities of the Australian Grape and Wine Authority, established to manage and regulate the industry. The Act was designed to achieve this by making specific amendments to the existing legislation, ensuring that the charging mechanisms are current and effectively support the industry's regulatory environment. The primary policy objective of this Act is to refine the customs charge system to better suit the operational needs of the Australian Grape and Wine Authority, thereby facilitating more efficient administration and oversight of the industry.
Scope and Application
The Primary Industries (Customs) Charges Amendment (Australian Grape and Wine Authority) Act 2013 amends the Primary Industries (Customs) Charges Act 1999 to reflect the establishment of the Australian Grape and Wine Authority. This Act applies to the entities involved in the grape and wine industry, including wineries, grape growers, and related businesses, by modifying the customs charges framework for these industries. The geographic reach of this Act is national, applying across Australia, and it effectively coordinates with other legislative changes introduced by the Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013. The amendments came into effect on 1 July 2014, aligning with the establishment of the Australian Grape and Wine Authority, and include specific changes such as the omission of certain definitions and repeal of particular clauses in the original Act. This Act does not introduce new charges or exemptions but rather refines the existing framework to suit the new regulatory environment.
Key Provisions
The Primary Industries (Customs) Charges Amendment (Australian Grape and Wine Authority) Act 2013 amends the Primary Industries (Customs) Charges Act 1999, making specific changes to the definitions and charges related to the Australian Grape and Wine Authority. Section 1 of the Act modifies the heading of clause 1 from "Definitions" to "Definition" in Schedule 1 of the 1999 Act, thereby consolidating the definitions under a single heading for clarity. Section 3 repeals the definition of "Corporation" previously included in clause 1 of Schedule 1, which may impact the interpretation of certain terms within the context of the 1999 Act. Furthermore, clause 5 of Schedule 1 is repealed, which eliminates certain previously defined provisions or charges.
The Act imposes specific obligations and requirements on parties and entities governed by the Primary Industries (Customs) Charges Act 1999. With the consolidation of definitions and the repeal of certain clauses, entities involved in the grape and wine industry must now comply with the streamlined and updated definitions provided by the amended Act. The elimination of the definition of "Corporation" requires these entities to understand the remaining definitions and how they apply to their operations, ensuring compliance with any associated charges or requirements. The repeal of clause 5 of Schedule 1 means that the obligations or charges previously defined in that clause are no longer applicable, necessitating an adjustment in compliance practices.
Breaching the provisions of the Primary Industries (Customs) Charges Act 1999, as amended by this Act, may result in civil or criminal consequences. While the specific offences and penalties are not detailed within the Act itself, the general penalties for contravening the 1999 Act could include fines and other civil penalties as prescribed by the legislation. It is essential for entities within the grape and wine industry to be aware of and comply with the updated provisions to avoid potential enforcement actions or legal repercussions. Ensuring adherence to the amended definitions and repealed clauses is crucial to maintaining compliance and avoiding penalties.