Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 3)
Statutory Rules 2003 No. 13 as amended
made under the
Primary Industries (Customs) Charges Act 1999
This compilation was prepared on 5 December 2005
[This regulation was amended by SLI 2005 No. 283 (see F2005L03767)]
Amendment from SLI 2005 No. 283
[Schedule 2 (item 1) repeals and substitutes Rr. 2 and 3
Schedule 2 (item 2) repeals Schedule 2
Schedule 2 (items 1 and 2) commenced on 1 March 2003]
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations
2 Commencement
3 Amendment of Primary Industries (Customs) Charges Regulations 2000 4
Schedule 1 Amendment commencing on 1 March 2003
1 Name of Regulations
These Regulations are the Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 3).
2 Commencement
These Regulations commence on 1 March 2003.
3 Amendment of Primary Industries (Customs) Charges Regulations 2000
Schedule 1 amends the Primary Industries (Customs) Charges Regulations 2000.
Schedule 1 Amendment commencing on 1 March 2003
(regulation 3)
[1] Schedule 3, clause 1
substitute
1 Amounts of charge for cattle other than bobby calves
(1) For paragraph 3 (1) (b) of Schedule 3 to the Customs Charges Act, the amount of charge is 92 cents per head.
Note Subclause (1) identifies an amount that, under the Australian Meat and Live-stock Industry Act 1997 is destined for the research body.
(2) For paragraph 3 (1) (c) of Schedule 3 to the Customs Charges Act, the amount of charge per head is nil.
Note Subclause (2) identifies an amount that, under the National Cattle Disease Eradication Reserve Act 1991, is destined for the National Cattle Disease Eradication Reserve.
(3) For paragraph 3 (1) (d) of Schedule 3 to the Customs Charges Act, the amount of charge is 30 cents per head.
Note 1 Subclause (3) identifies an amount that, under the Australian Animal Health Council (Live-stock Industries) Funding Act 1996, is destined for the Australian Animal Health Council.
Note 2 A further amount that makes up the charge for cattle other than bobby calves is set out in paragraph 3 (1) (a) of Schedule 3 to the Customs Charges Act.
Note 3 Subclause (3) will remain in force until 31 December 2006 — see Schedule 2 to the Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 3). After that time, the amount destined for the Australian Animal Health Council will be 13 cents per head under paragraph 3 (1) (d) of Schedule 3 to the Customs Charges Act.
Note 4 Amounts of charge for bobby calves are set out in subclause 3 (2) of Schedule 3 to the Customs Charges Act.
Note 5 For the rates of NRS customs levy on cattle export, see Schedule 2 to the National Residue Survey (Customs) Levy Act 1998.
Overview
The Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 3), enacted under the Primary Industries (Customs) Charges Act 1999, aim to address gaps in the regulatory framework governing customs charges for primary industries, particularly livestock. These regulations, which came into effect on 1 March 2003, were developed to ensure that specific charges related to the export of cattle are accurately directed towards designated research and disease eradication funds. The policy objective is to streamline and clarify the allocation of customs charges, ensuring that funds are appropriately directed to support relevant research and disease control initiatives. The regulations were prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and were amended by Statutory Rules 2005 No. 13, with subsequent amendments by Statutory Rules 2005 No. 283.
Scope and Application
The Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 3) applies to charges levied on the importation and exportation of primary industry products in Australia, and amends the Primary Industries (Customs) Charges Regulations 2000. These regulations apply to entities and individuals involved in the importation and exportation of goods within Australia, specifically targeting primary industries. The charges are applicable to various categories of goods, including cattle and other livestock, and are structured to fund different research and disease eradication initiatives. The regulations have a national reach and are administered under the authority of the Primary Industries (Customs) Charges Act 1999. Certain exclusions and exemptions may apply based on specific conditions outlined in the Primary Industries (Customs) Charges Act and its subordinate instruments, including the National Residue Survey (Customs) Levy Act 1998. The amendment to these regulations, effective from 1 March 2003, adjusts the rates of charge for various livestock categories, reflecting changes in funding allocations to different councils and disease eradication programs.
Key Provisions
The Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 3) primarily modify the Primary Industries (Customs) Charges Regulations 2000 by adjusting the amounts of charges for certain types of cattle. According to Schedule 1, Clause 1 of these Regulations, paragraph 3(1)(b) of Schedule 3 to the Customs Charges Act is updated to set the charge at 92 cents per head for cattle other than bobby calves destined for the research body as outlined in the Australian Meat and Livestock Industry Act 1997. Paragraph 3(1)(c) now specifies a charge of nil for the National Cattle Disease Eradication Reserve as mandated by the National Cattle Disease Eradication Reserve Act 1991. Additionally, paragraph 3(1)(d) sets the charge at 30 cents per head for the Australian Animal Health Council (Livestock Industries) under the Australian Animal Health Council (Livestock Industries) Funding Act 1996. It is noteworthy that this 30 cents per head charge will remain in effect until 31 December 2006, after which it will be reduced to 13 cents per head as stipulated in Schedule 2 of these Regulations.
These Regulations impose specific obligations on parties involved in the export of cattle. They ensure that the charges levied on cattle exports are in alignment with the specified amounts outlined in the relevant Acts. Parties responsible for the export of cattle must ensure compliance with these amended charges when settling customs duties. The adjustments are intended to reflect the funding requirements for research, disease eradication, and animal health as prescribed by the respective legislative frameworks.
Failure to comply with these Regulations may result in civil or criminal consequences. Although the Regulations do not explicitly state the penalties for non-compliance, breaches of customs duties and charges typically attract significant penalties under the Customs Act 1901. This may include fines and, in severe cases, criminal prosecution. The exact penalties can vary depending on the nature and extent of the breach but generally include substantial financial penalties and potential imprisonment for serious offences.