Primary Industries (Excise) Levies Amendment (Australian Grape and Wine Authority) Act 2013
No. 138, 2013
An Act to amend the Primary Industries (Excise) Levies Act 1999, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Primary Industries (Excise) Levies Act 1999
Primary Industries (Excise) Levies Amendment (Australian Grape and Wine Authority) Act 2013
No. 138, 2013
An Act to amend the Primary Industries (Excise) Levies 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 (Excise) Levies 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Note: This table relates only to the provisions of this Act as originally enacted.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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 (Excise) Levies Act 1999
1 Clause 1 of Schedule 13 (definition of representative organisation)
Repeal the definition, substitute:
representative organisation has the same meaning as in the Australian Grape and Wine Authority Act 2013.
2 Clause 1 of Schedule 26 (definition of Corporation)
Repeal the definition.
3 Clause 1 of Schedule 26 (definition of declared winemakers’ organisation)
Omit “Wine Australia Corporation Act 1980”, substitute “Australian Grape and Wine Authority Act 2013”.
4 Subclauses 9(1), (2) and (3) of Schedule 26
Repeal the subclauses.
[Minister’s second reading speech made in—
House of Representatives on 14 November 2013
Senate on 3 December 2013]
Overview
The Primary Industries (Excise) Levies Amendment (Australian Grape and Wine Authority) Act 2013 was enacted to align the definitions and terms in the Primary Industries (Excise) Levies Act 1999 with the establishment of the Australian Grape and Wine Authority under the Australian Grape and Wine Authority Act 2013. This legislative amendment was introduced to ensure that excise levies and related administrative processes in the grape and wine industry are consistent with the new governance structure established for the industry. The Act was assented to on 13 December 2013 by the Parliament of Australia and commenced on that date, with specific provisions for the definitions taking effect from 1 July 2014, in alignment with other related legislative changes. The policy objective behind this amendment was to streamline and modernise the regulatory framework governing excise levies in the Australian grape and wine sector, facilitating a more efficient and effective governance system.
Scope and Application
The Primary Industries (Excise) Levies Amendment (Australian Grape and Wine Authority) Act 2013 amends the Primary Industries (Excise) Levies Act 1999, specifically in relation to the excise levied on wine produced in Australia. The Act applies to entities involved in the production and distribution of wine within Australia, particularly those who previously were subject to excise under the repealed Wine Australia Corporation Act 1980. It alters the definitions and scope of certain terms used in the original Act, such as 'representative organisation' and 'declared winemakers' organisation', to align with the provisions of the Australian Grape and Wine Authority Act 2013. The changes also involve the repeal of specific clauses that previously defined corporations and the relationship between excise and the Wine Australia Corporation, replacing them with definitions and provisions pertinent to the Australian Grape and Wine Authority. The Act extends its jurisdiction nationally across Australia, impacting all entities engaged in the wine industry within the Commonwealth. It does not explicitly state any exclusions, exemptions, or thresholds; however, the application of the Act and its amendments may be further detailed through subordinate instruments issued under the authority of the amended Act.
Key Provisions
The Primary Industries (Excise) Levies Amendment (Australian Grape and Wine Authority) Act 2013 (Act) amends the Primary Industries (Excise) Levies Act 1999 (1999 Act) to update the definitions and structure of the excise levies associated with the grape and wine industry. Section 1 of the Act provides that it may be cited as the Primary Industries (Excise) Levies Amendment (Australian Grape and Wine Authority) Act 2013. The Act commenced on 13 December 2013, the date it received Royal Assent, with specific provisions commencing on 1 July 2014. The Schedule to the Act amends the 1999 Act by updating definitions and removing certain subclauses.
The Act imposes specific obligations and requirements on the entities governed by the 1999 Act. For instance, the definition of "representative organisation" (Schedule 1, Clause 1) is repealed and substituted to align with the Australian Grape and Wine Authority Act 2013. Similarly, the definition of "Corporation" (Schedule 1, Clause 2) is repealed, and the definition of "declared winemakers’ organisation" (Schedule 1, Clause 3) is amended to reference the Australian Grape and Wine Authority Act 2013 instead of the Wine Australia Corporation Act 1980. Additionally, subclauses 9(1), (2), and (3) of Schedule 2 are repealed (Schedule 1, Clause 4).
The Act does not explicitly outline offences, penalties, or consequences for non-compliance within its text. However, given that it amends the 1999 Act, which may include provisions for offences and penalties related to non-compliance with excise levies, any breaches of the updated provisions could potentially incur the penalties specified under the 1999 Act. The maximum penalties for offences under the 1999 Act can include fines and imprisonment, depending on the severity and nature of the breach. It is important to refer to the 1999 Act for specific details regarding penalties and enforcement mechanisms.