Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 1)

Administered by Department of Agriculture

Legislation au F2004B00008 Regulations Not in force Legislative Instrument

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Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 1) 2004 No. 1

EXPLANATORY STATEMENT

STATUTORY RULES 2004 No. 1

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

Primary Industries (Customs) Charges Act 1999
Primary Industries Levies and Charges Collection Act 1991

Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 1)
Primary Industries Levies and Charges Collection Amendment Regulations 2004 (No. 1)

Statutory Basis

Section 8 of the Primary Industries (Customs) Charges Act 1999 (the Customs Act) and section 30 of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provide that the Governor-General may make regulations, not inconsistent with the these Acts, prescribing all matters required or permitted by these Acts to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to these Acts.

Purpose of the Regulations

The purpose of the Primary Industries (Customs) Charges Amendment Regulations 2004 (the Customs Regulations) is to impose a charge on the export of certain live animals. The charge will recover the costs incurred by the Government and by Meat and Livestock Australia during the resolution of an incident involving the rejection by the government of Saudi Arabia of a consignment of Australian live sheep on board the MV Cormo Express in August 2003.

The purpose of the Primary Industries Levies and Charges Collection Amendment Regulations 2004 is to provide for the efficient and effective collection of the charge imposed under the proposed Customs Regulations.

Background to the Regulations

In September 2003, in response to the rejection by Saudi Arabian authorities of a consignment of live sheep in August, the Australian Government purchased the consignment from the importer to ensure it could exercise some level of control over the subsequent action to resettle the sheep.

Following the discharge of the consignment in Eritrea in November, the costs incurred by both the Australian Government Department of Agriculture, Fisheries (the Department) and by Meat and Livestock Australia (MLA) have been assessed at approximately $10.3 million.

Both the Government and MLA require recovery of the costs incurred in resolving this incident of considerable impact on Australia's live animal export. Industry representative bodies have agreed to the imposition by the Government of a charge on live animal exports for the purpose of recovering these costs.

DETAILS OF THE PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATIONS 2004 (No. 1)

Explanation of Clauses Under the Regulations

Regulation 1 provides for the citation of the regulations.

Regulation 2 provides that the regulations will commence on 1 March 2004.

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

Schedule 1 amends Schedule 14 of the Primary Industries (Customs) Charges Regulations 2000 by, after Part 5, inserting a new Part 6.

Part 6 Live animal export. Part 6 includes a note that makes reference to the imposition of the charge on cattle, sheep and goats to recover the costs associated with the Cormo Express.

Clause 6.1 Interpretation. This clause provides a number of definitions used in the Regulations.

Clause 6.2 Imposition of charge. This clause provides that for subclause 2 (1) of Schedule 14 the charge is imposed on animals produced in Australia that are exported from Australia after 1 March 2004.

Clause 6.3 Rate of charge. This clause identifies the rates of the charges to be:

For cattle other than dairy cattle: $1.50 per head;

For goats: 40 cents per head;

For sheep: 60 cents per head; and

For all other animals: $0.

Clause 6.4 Who pays the charge. This clause provides that the charge is payable by the producer of the animals or, where an agent exports the animals - that agent. A note explains that, in reference to clause 8.3 of Schedule 37 to the Primary Industries Levies and Charges Collection Regulations 1991, producer means the person who exports the animals.

Clause 6.5 Cessation of effect of Part. This clause provides that Part 6 ceases to have effect after 30 June 2009 and includes a note that if the costs associated with the charge are recovered earlier or later than this date, then the clause will be amended to reflect the required date.

THE PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION AMENDMENT REGULATIONS 2004 (No. 1)

Explanation of Clauses Under the Regulations

Regulation 1 provides for the name of the regulations to be the Primary Industries Levies and Charges Collection Amendment Regulations 2004 (No. 1).

Regulation 2 provides for the commencement date to be 1 March 2004.

Regulation 3 provides that Schedule 1 amends the Primary Industries Levies and Charges Collection Regulations 1991 (the Collection Regulations).

Item 1 inserts a new Part 8 about live animal export into Schedule 37 to the Collection Regulations.

Clause 8.1 Application. This clause provides that the part applies to the export of live animals. A note states that Schedule 14, Part 6 of the Customs Charges Regulations, which imposes the live animal export charge, ceases at the end of 30 June 2009.

Clause 8.2 Definitions for Part 8. This clause provides definitions for use in the Part.

Clause 8.3 Who is a producer. This clause prescribes chargeable animals for the definition of producer. A note identifies that the producer for live animal exports is the person who exports the live animals from Australia.

Clause 8.4 Liability of intermediaries for charge - exporting agents. This clause prescribes chargeable animals for the purpose of subsection 7(3) of the Collection Act in relation to the liability of exporting agents. A note indicates that exporting agents are liable to pay, on behalf of producers, any unpaid charge and a late payment penalty.

Clause 8.5 When charge is due for payment. This clause states that charge is due for payment by the last day for lodging a monthly return under Clause 8.7. Note indicates penalties can be imposed for late payment.

Clause 8.6 Who must lodge a return. This clause prescribes that a producer or export agent who export chargeable animals in a month must lodge a return for the month. A note refers to the Collection Act for offences that may be applicable in relation to returns.

Clause 8.7 When a return must be lodged. This clause provides that a monthly return must be lodged within 28 days of the end of the month to which it relates. A note indicates offences may be applicable.

Clause 8.8 What must be included in a return. This clause stipulates what information must be included in a monthly return. A note indicates offences may be applicable.

Clause 8.9 What records must be kept. This clause stipulates what records must be kept by producers. A penalty of 10 penalty units is provided for breaches of the regulations. Section 4AA of the Crimes Act 1914 provides that a penalty unit equals $110. An offence under this clause is an offence of strict liability. A note indicates offences may be applicable.

 

Overview

The Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 1) and the Primary Industries Levies and Charges Collection Amendment Regulations 2004 (No. 1) were enacted by the Australian Government to address the financial repercussions stemming from the rejection by Saudi Arabia of a consignment of Australian live sheep in 2003. These regulations were introduced in response to the significant costs incurred by the Australian Government and Meat and Livestock Australia in managing the aftermath of this incident, which amounted to approximately $10.3 million. The regulations were developed under the authority of the Minister for Agriculture, Fisheries and Forestry and are based on sections 8 of the Primary Industries (Customs) Charges Act 1999 and section 30 of the Primary Industries Levies and Charges Collection Act 1991. The policy objective is to impose a charge on the export of certain live animals to recover the aforementioned costs. The regulations aim to ensure efficient and effective collection of the charges imposed, thereby facilitating the recovery of costs related to the incident.

Scope and Application

The Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 1) and the Primary Industries Levies and Charges Collection Amendment Regulations 2004 (No. 1) are subsidiary legislations enacted under the Primary Industries (Customs) Charges Act 1999 and the Primary Industries Levies and Charges Collection Act 1991, respectively, to facilitate the imposition and collection of charges on the export of certain live animals. These regulations apply to any person or entity involved in the export of cattle, sheep, and goats from Australia. The regulations aim to recover the costs incurred by the Government and Meat and Livestock Australia following the rejection of a consignment of Australian live sheep by Saudi Arabia in 2003. The charges are set at specific rates per head for cattle, sheep, and goats, and are payable by the animal producer or an agent exporting the animals. The regulations are effective from 1 March 2004 and will cease to have effect by 30 June 2009, though this may be amended if the costs are recovered earlier or later. The collection regulations outline the processes for charge payment, including the timing and contents of returns, and establish penalties for non-compliance.

Key Provisions

The Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 1) (Customs Regulations) and the Primary Industries Levies and Charges Collection Amendment Regulations 2004 (No. 1) (Collection Regulations) serve to implement a charge on the export of certain live animals from Australia. The charge aims to recover the costs incurred by the Government and Meat and Livestock Australia (MLA) in resolving an incident involving the rejection of a consignment of Australian live sheep by Saudi Arabia in August 2003. Regulation 3 of the Customs Regulations amends the Primary Industries (Customs) Charges Regulations 2000 by inserting a new Part 6, which imposes a charge on cattle, sheep, and goats exported from Australia after 1 March 2004 (Clause 6.2). The charge rates are set at $1.50 per head for cattle, 40 cents per head for goats, and 60 cents per head for sheep, with no charge for other animals (Clause 6.3). The charge is payable by the producer of the animals or by an agent if they export the animals (Clause 6.4). Part 6 of the Customs Regulations ceases to have effect after 30 June 2009, with provisions to amend this date if necessary (Clause 6.5). The Collection Regulations impose various obligations on the parties involved. Regulation 3 amends the Primary Industries Levies and Charges Collection Regulations 1991 to include a new Part 8 on live animal export. This part applies to the export of live animals and defines who is considered a producer, which is the person who exports the live animals from Australia (Clause 8.3). Exporting agents are liable to pay any unpaid charge and a late payment penalty on behalf of producers (Clause 8.4). Producers or export agents must lodge a monthly return within 28 days of the end of the month to which it relates (Clause 8.7). The return must include specific information, such as the number of animals exported and the amount of charge due (Clause 8.8). Producers must also keep certain records, and failure to do so results in a penalty of 10 penalty units (Clause 8.9). A penalty unit is defined as $110 under Section 4AA of the Crimes Act 1914. Breaches of the obligations and requirements set forth in these regulations can lead to various civil and criminal consequences. For example, failure to lodge a return or to include the required information in a return may result in offences under the Primary Industries Levies and Charges Collection Act 1991 (Collection Act). The penalties for non-compliance include fines that can be substantial, especially if the breach is repeated or deliberate. For instance, under Clause 8.9 of the Collection Regulations, failure to keep the required records can result in a penalty of 10 penalty units, which amounts to $1,100. Additionally, exporting agents who fail to pay the charge on behalf of producers may incur additional penalties. The regulations impose strict liability for certain offences, meaning that intent does not need to be proven for conviction. These measures ensure compliance and recovery of the costs associated with the incident involving the Cormo Express.

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