Primary Industries (Customs) Charges (Designated Bodies) Declaration 2017

Overview

The Primary Industries (Customs) Charges (Designated Bodies) Declaration 2017 was made under clause 12 of Schedule 14 of the Primary Industries (Customs) Charges Act 1999 by the Commonwealth of Australia. The primary objective of this legislative instrument is to declare specific bodies as designated bodies in relation to particular products for the purposes of Part 4 of Schedule 14 of the Primary Industries (Customs) Charges Act 1999. The Declaration identifies and lists entities such as the Almond Board of Australia Inc., Apple and Pear Australia Ltd, and various other industry councils and associations, each designated to manage customs charges related to their respective products. By formally recognising these bodies, the legislation streamlines the administration of customs charges and ensures compliance with the relevant provisions of the Act. This Declaration is essential for clarifying the responsibilities and authorities of the specified bodies in handling customs charges for their designated products. It supports the efficient operation of customs processes and facilitates the enforcement of relevant legislation concerning the primary industries sector. The Declaration aims to provide a clear framework for the collection and management of customs charges, thereby contributing to the effective regulation of primary industries in Australia.

Scope and Application

The Primary Industries (Customs) Charges (Designated Bodies) Declaration 2017 is a legislative instrument made under clause 12 of Schedule 14 to the Primary Industries (Customs) Charges Act 1999. This declaration identifies specific bodies as designated bodies for the purposes of Part 4 of Schedule 14 of the Act, establishing their responsibility for the collection of customs charges in relation to particular products. These bodies include entities such as Almond Board of Australia Inc., Apple and Pear Australia Ltd, and various other industry associations and councils dedicated to specific agricultural products like almonds, apples, pears, tea tree oil, honey, macadamias, and more. The scope of this declaration is national, as it pertains to entities across Australia that deal with the customs charges for the listed products. The declaration specifies the entities involved and the products they are responsible for, thereby ensuring a clear demarcation of responsibilities within the customs charge collection framework. The geographic reach of the Act is nationwide, and it is enacted at the Commonwealth level, thereby applying uniformly across all states and territories in Australia. This legislative instrument extends its application through subordinate instruments, allowing for future amendments and additions to the list of designated bodies and associated products. The Act itself does not contain any stated exclusions, exemptions, or thresholds but rather operates on a predefined list of entities and products as detailed in the declaration. The Act's implementation and enforcement are overseen by the relevant federal authorities charged with customs and agricultural industries.

Key Provisions

The Primary Industries (Customs) Charges (Designated Bodies) Declaration 2017 (section 1) declares certain bodies as designated bodies in relation to specified products. Under section 3, this instrument is made under clause 12 of Schedule 14 to the Primary Industries (Customs) Charges Act 1999. The designated bodies are listed in section 4, with each body in column 1 paired with the product or products in column 2 for which it is designated. For instance, Almond Board of Australia Inc. is designated in relation to almonds, while Apple and Pear Australia Ltd is designated for apples and pears (other than nashi). The declaration covers a range of products including tea tree oil, honey, macadamias, and various fruits and vegetables. The obligations imposed by this Act on the designated bodies primarily concern their roles and responsibilities in relation to the products they are designated for. These bodies are likely required to ensure compliance with relevant customs regulations, manage levies or charges related to their products, and possibly facilitate the reporting and collection of such charges. They may also have duties in liaising with the relevant authorities to ensure smooth operations and compliance with the Act. The specifics of these obligations would be detailed in the Primary Industries (Customs) Charges Act 1999 and any related regulations. Breaches of the obligations set out by the Primary Industries (Customs) Charges (Designated Bodies) Declaration 2017 can lead to various penalties and consequences. Under the Primary Industries (Customs) Charges Act 1999, failure to comply with the requirements can result in both civil and criminal penalties. The exact nature and severity of these penalties depend on the specific breach and the provisions of the primary Act. Civil penalties may include fines, while criminal penalties could involve imprisonment, particularly if the breach is deemed to be wilful or negligent. The exact maximum penalties would be stipulated in the primary Act and any relevant regulations.