Primary Industries (Customs) Charges Amendment Regulations 2001 (No. 2)

Administered by Department of Agriculture

Legislation au F2001B00151 Regulations Not in force Legislative Instrument

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Primary Industries (Customs) Charges Amendment Regulations 2001 (No. 2) 2001 No. 94

EXPLANATORY STATEMENT

Statutory Rules 2001 No. 94

Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry

Primary Industries (Excise) Levies Act 1999

Primary Industries (Customs) Charges Act 1999

Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 3)

Primary Industries (Customs) Charges Amendment Regulations 2001 (No. 2)

Section 8 of the Primary Industries (Excise) Levies Act 1999 and Section 8 of the Primary Industries (Customs) Charges Act 1999 provide that the Governor-General may make regulations required or permitted to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Acts.

These Regulations amend both the Primary Industries (Excise) Levies Regulations 1999 and the Primary Industries (Customs) Charges Regulations 2000 to lower the rate of wool levy and export charge imposed on wool from 3 per cent to 2 per cent from 1 July 2001.

Clause 14 of part 4 to Schedule 27 of the Primary Industries (Excise) Levies Act 1999 and clause 13 of part 4 to Schedule 14 of the Primary Industries (Customs) Charges Act 1999 provide that if the Minister for Agriculture, Fisheries and Forestry (the Minister) has declared a body to be the designated body (or bodies) 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 designated body (or bodies). Australian Wool Innovation Pty Ltd (AWI) has been declared by the Minister to be the "research body" for the purposes of Division 7 of the Wool Services Privatisation Act 2000 (the WSP Act). Section 32, Division 7 of the WSP Act further provides that the "research body" is taken to be a. designated body in relation to wool levy for the purposes of the rate setting clauses, being clause 14 of schedule 27 to the Primary Industries (Excise) Levies Act 1999 and clause 13 of schedule 14 to the Primary Industries (Customs) Charges Act 1999. AWI has not made a relevant recommendation in relation to the levy rate. However, in the Explanatory Memorandum to the WSP Act, the Government stated its intention to lower the wool levy rate from 3 per cent to 2 per cent in line with the WoolPoll 2000 result.

WoolPoll 2000, conducted in March last year, received votes representing the majority of Australian wool production and the result showed a clear preference for a 2 per cent wool tax rate. In response to WoolPoll 2000, the Government implemented an interim wool tax rate of 3 per cent from 1 July 2000 to cover the costs of converting the Australian Wool Research and Promotion Organisation (AWRAP) into a Corporations Law company, Australian Wool Services Limited and its subsidiaries. On 13 December 2000, regulations were made to convert the wool tax arrangements to a wool levy administered by Agriculture, Fisheries and Forestry -Australia's Levies and Revenue Service effective from 1 January 2001. By lowering the rate, the Government will have fulfilled its promise to do so as soon as the costs of transition have been fully met.

The Minister has received advice from Australian Wool Services that the estimated transition costs of the Australian Wool Services Limited group of companies will have been met by collection of the 1 per cent levy set aside for conversion up to 30 June 2001. Therefore, the rate of wool levy and export charge imposed on wool producers will be lowered from 3 per cent to 2 per cent, in line with the result of WoolPoll 2000, effective from 1 July 2001.

Details of the Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 3) are at Attachment A; the Primary Industries (Customs) Charges Amendment Regulations 2001 (No. 2) are at Attachment B.

The regulations will commence on 1 July 2001.

ATTACHMENT A

PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2001 (No. 3)

Regulation 1 gives the name of the regulations as the Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 3).

Regulation 2 gives the date of commencement as 1 July 2001.

Regulation 3 provides that Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999.

Schedule 1        Amendment

Item 1 amends Schedule 27, Part 2, clause 2.3 by omitting 3 per cent and inserting 2 per cent as the operable wool levy rate.

ATTACHMENT B

PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATIONS 2001 (No. 2)

Regulation 1 gives the name of the regulations as the Primary Industries (Customs) Charges Amendment Regulations 2001 (No. 2).

Regulation 2 gives the date of commencement as 1 July 2001.

Regulation 3 provides that Schedule 1 amends the Primary Industries (Customs) Charges Regulations 2000.

Schedule 1        Amendment

Item 1 amends Schedule 14, Part 1, clause 1.2 by omitting 3 per cent and inserting 2 per cent as the operable rate of export charge imposed on wool exported from Australia.

 

Overview

The Primary Industries (Customs) Charges Amendment Regulations 2001 (No. 2) were enacted by the Australian Parliament to amend the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999. The regulations were introduced to address the need to adjust the rate of wool levy and export charge in response to the results of WoolPoll 2000, which indicated a clear preference for a 2 per cent wool tax rate. These regulations, authorised by the Minister for Agriculture, Fisheries and Forestry, aim to align the wool levy rate with the outcome of WoolPoll 2000, once the transition costs have been fully met. The regulations were made under the authority of the relevant Acts, which empower the Governor-General to create regulations necessary for the Acts' implementation, and consider recommendations from designated bodies such as Australian Wool Innovation Pty Ltd. The policy objective of these regulations is to reflect the industry's preference for a lower wool levy rate, thereby supporting the transition from the Australian Wool Research and Promotion Organisation to Australian Wool Services Limited. By reducing the wool levy and export charge from 3 per cent to 2 per cent, effective from 1 July 2001, the government aims to fulfill its commitment to the industry while ensuring the financial transition is complete. The regulations were designed to take effect from the specified date, ensuring a smooth implementation in line with the industry's feedback and the government's strategic objectives.

Scope and Application

The Primary Industries (Customs) Charges Amendment Regulations 2001 (No. 2) applies to wool producers and exporters within Australia, aligning with the provisions of the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999. These regulations pertain specifically to the imposition and collection of wool levies and export charges, which are essential for the administration and regulation of the wool industry in Australia. The amendment lowers the wool levy and export charge from 3 per cent to 2 per cent, effective from 1 July 2001. These changes are applicable nationally across Australia, given the federal nature of the Acts they amend. While the regulations primarily target the wool industry, they do not explicitly state any exclusions or exemptions, meaning they apply broadly to all entities involved in wool production and export. The regulations extend their application through the subordinate instruments detailed in the schedules, which directly modify the rates specified in the Primary Industries (Excise) Levies Regulations 1999 and the Primary Industries (Customs) Charges Regulations 2000.

Key Provisions

The Primary Industries (Customs) Charges Amendment Regulations 2001 (No. 2) and the Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 3) amend the Primary Industries (Excise) Levies Regulations 1999 and the Primary Industries (Customs) Charges Regulations 2000, respectively. The key provisions of these regulations are outlined in sections 1 and 2 of each regulation, where the changes to the wool levy and export charge rates are specified. Specifically, the regulations lower the rate of wool levy and the export charge imposed on wool from 3% to 2% effective from 1 July 2001, as per sections 3 and 4 of each regulation. These regulations impose obligations on entities involved in the wool industry. Wool producers and exporters are required to comply with the amended levy and export charge rates, which are now set at 2% as per the regulations. The Minister for Agriculture, Fisheries and Forestry must consider any recommendations from the designated body, Australian Wool Innovation Pty Ltd (AWI), before making the regulations. However, in this case, AWI did not make a relevant recommendation, and the decision to lower the rate was based on the results of WoolPoll 2000 and the completion of transition costs associated with the wool services privatisation. There are no explicit offences, penalties, or civil/criminal consequences outlined for breach of these regulations. However, non-compliance with the amended rates could potentially result in financial liabilities for wool producers and exporters, as well as reputational risks if they are found to be in violation of the regulations. It is important for all parties involved in the wool industry to ensure that they are aware of and adhere to the updated levy and export charge rates to avoid any potential legal or financial repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.