Primary Industries (Excise) Levies (Designated Bodies) Amendment Declaration 2019

Administered by Department of Agriculture

Legislation au F2019L00139 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Issued by Authority of the Minister for Agriculture and Water Resources

 

Primary Industries (Excise) Levies Act 1999

 

Primary Industries (Excise) Levies (Designated Bodies) Amendment Declaration 2019

 

 

Legislative Authority

 

The Primary Industries (Excise) Levies Act 1999 (Excise Levies Act) authorises the imposition of primary industries levies that are duties of excise.

Clause 13 of Part 4 of Schedule 27 to the Excise Levies Act provides that the Minister may, by writing, declare that a specified body is a designated body in relation to one or more specified products.

 

Purpose

 

The purpose of the Primary Industries (Excise) Levies (Designated Bodies) Amendment Declaration 2019 (the Amendment Declaration) is to amend the Primary Industries (Excise) Levies (Designated Bodies) Declaration 2013 (the Declaration) to remove two industry representative organisations as designated bodies under clause 13 of Schedule 27 to the Excise Levies Act and to declare one new designated body under the same clause.

Wine Grape Growers Australia Incorporated (trading as Australian Vignerons) (WGGA) and the Winemakers Federation of Australia Incorporated (WFA) have merged and a new body, Australian Grape and Wine Incorporated (AGWI), has been formed. The Amendment Declaration removes WGGA and WFA from the Declaration and declares AGWI to be the single designated body for grapes and wine grapes.

 

 

Background

 

The Excise Levies Declaration declares 31 industry representative organisations to be designated bodies for specified products.

 

WGGA and WFA have merged and AGWI has replaced them as the industry representative body for the products identified in the Excise Levies Act as ‘grapes’ and ‘wine grapes.’ AGWI has also replaced the two former bodies as the Plant Health Australia industry member representing grapes and wine grapes. AGWI has advised Plant Health Australia that it also intends to replace WGGA as the signatory for grapes and wine on the Emergency Plant Pest Response Deed (EPPRD) as soon as the process for that change can be completed.

 

The declaration of AGWI as a designated body does not prevent other industry bodies from making representations to the Minister on the introduction of, or amendment to, levies or and/or charges, or from seeking to become designated bodies for the same products.

 

Members of PHA are also required to be declared as designated bodies in order to meet the definition of ‘relevant Plant Industry Member’ in section 3 of the Plant Health Australia (Plant Industries) Funding Act 2002 (PHA Funding Act) which in turn enables:

  • PHA levies or charges for a plant product that the body represents, as a PHA industry member, to be disbursed by the department to PHA (under section 4 of the PHA Funding Act)
  • an Emergency Plant Pest Response (EPPR) fund for an EPPR plant product to be used by PHA to discharge a liability of the relevant Plant Industry Member to the Commonwealth in relation to relevant responses under the EPPR Deed or to make payments in relation to other emergency plant pest response purposes (under section 10C of the PHA Funding Act).

 

 

Impact and Effect

 

The Excise Levies Act requires the Minister to take into consideration the recommendations provided to the Minister by a designated body before regulations may be made in relation to a product (for example to establish, or change, a relevant levy). For research and development or marketing levy or charge types, a regulation must not set a rate for a product higher than that recommended by the relevant designated body.

 

Section 3 of the PHA Funding Act defines, for the purposes of that Act, a relevant Plant Industry Member for a plant product as the Plant Industry Member that the Minister declares is the designated body for the plant product under:

(a)  clause 13 of Schedule 27 to the Excise Levies Act; or

(b)  clause 12 of Schedule 14 to the Customs Charges Act.

 

The Amendment Declaration also ensures that AGWI meets the definition of ‘relevant Plant Industry Member’ in the PHA Funding Act, thereby providing clear legislative authority for the Commonwealth to make levy or charge disbursement payments to PHA under section 4 of the PHA Funding Act, and for PHA to use the EPPR fund for relevant EPPR plant products to make payments in relation to emergency plant pest responses.

 

There are no practical or procedural implications for levy or charge payers. PHA levies will continue to be collected by the Commonwealth. The levy amounts that industry members pay, and the mechanisms through which they are paid, have not changed.

 

Consultation

 

Following advice from WGGA and WFA on their merger, the department communicated with the two bodies and PHA on the amendment, and with AGWI following its incorporation. All four parties agreed to the amendment.  The Office of Best Practice Regulation (OBPR) advised that a regulation impact statement is not required (OBPR ID 24735).

 

Details / Operation

 

Details of the Amendment Declaration is set out in Attachment A.

 

The Amendment Declaration is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment C.

 

The Amendment Declaration is a legislative instrument for the purposes of the Legislation Act 2003.

 

Attachment A

 

Details of the Primary Industries (Excise) Levies (Designated Bodies) Amendment Declaration 2019

 

Section 1 – Name

 

This section provides that the name of the instrument is the Primary Industries (Excise) Levies (Designated Bodies) Amendment Declaration 2019.

 

Section 2 – Commencement

 

This section provides that the instrument commences the day after the instrument is registered.  

 

Section 3 – Authority

 

This section provides that the instrument is made under clause 13 of Schedule 27 to the Primary Industries (Excise) Levies Act 1999.

 

Section 4 – Schedule

 

This section provides that the instrument specified in the Schedule is amended or repealed as set out in the applicable items in the Schedule concerned and any other item in a Schedule has effect according to its terms.

 

Schedule 1

 

Primary Industries (Excise) Levies (Designated Bodies) Determination 2013

 

Item 1 – Section 4 (table item 27)

This item repeals the cell in column 1 of table item 27, which has the effect of removing Wine Grape Growers Australia Incorporated (ABN 15 475 806 313) as a designated body for grapes and wine grapes. The item substitutes it with “Australian Grape and Wine Incorporated (ABN: 45 903 873 163)”, as the single designated body for grapes and wine grapes.

Item 2 – Section 4 (table item 28)

This item will repeals  table  item 28, which has the effect of removing Winemakers Federation of Australia Incorporated (ABN 38 359 406 467) as a designated body for grapes and wine grapes.


 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Primary Industries (Excise) Levies (Designated Bodies) Amendment Declaration 2019

 

 

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the Primary Industries (Excise) Levies (Designated Bodies) Amendment Declaration 2017 is to amend the Primary Industries (Excise) Levies (Designated Bodies) Declaration 2013 to remove Wine Grape Growers Australia Incorporated (ABN 15 475 806 313) and Winemakers Federation of Australia Incorporated (ABN 38 359 406 467)  as designated bodies for grapes and wine grapes, and to declare Australian Grape and Wine Incorporated (ABN: 45 903 873 163) as the single designated body for grapes and wine grapes.

 

Human rights implications

 

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon. David Littleproud MP

Minister for Agriculture and Water Resources

 

 

Overview

The Primary Industries (Excise) Levies (Designated Bodies) Amendment Declaration 2019 was enacted to address the need for updating the list of designated bodies responsible for administering excise levies on specific products, as required under the Primary Industries (Excise) Levies Act 1999. The Act was passed by the Parliament of Australia to provide a framework for the imposition of excise levies on primary industries. The Amendment Declaration, issued under the authority of the Minister for Agriculture and Water Resources, aims to reflect the merger of two industry representative organisations—Wine Grape Growers Australia Incorporated and the Winemakers Federation of Australia Incorporated—and the formation of a new body, Australian Grape and Wine Incorporated. This change ensures that the new entity, AGWI, is recognised as the designated body for the specified products, maintaining the integrity and effectiveness of the levy administration process. The policy objective behind this amendment is to ensure that the administration of excise levies on primary industry products remains aligned with current industry structures and representative bodies. By updating the list of designated bodies, the government aims to maintain the efficiency and accuracy of levy collection and disbursement processes, while also ensuring that the industry continues to have a voice in the formulation and amendment of relevant levies and charges. The amendment streamlines the administrative framework to better serve the evolving needs of the primary industry sector.

Scope and Application

The Primary Industries (Excise) Levies (Designated Bodies) Amendment Declaration 2019 amends the Primary Industries (Excise) Levies (Designated Bodies) Declaration 2013 to reflect the merger of two industry representative organisations, Wine Grape Growers Australia Incorporated (WGGA) and the Winemakers Federation of Australia Incorporated (WFA), into a new entity, Australian Grape and Wine Incorporated (AGWI). The amendment removes WGGA and WFA from the list of designated bodies under clause 13 of Schedule 27 to the Primary Industries (Excise) Levies Act 1999 and declares AGWI as the new designated body for the products 'grapes' and 'wine grapes'. This amendment ensures that AGWI is recognised as the relevant industry representative for levy and charge purposes and aligns with the new entity’s role in the Plant Health Australia (PHA) framework. The amendment does not alter the process or amount of levies paid by industry members, nor does it affect the ability of other industry bodies to represent their interests to the Minister. The amendment is effective from the day after its registration and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Primary Industries (Excise) Levies (Designated Bodies) Amendment Declaration 2019 primarily amends the Primary Industries (Excise) Levies (Designated Bodies) Declaration 2013 by removing Wine Grape Growers Australia Incorporated (WGGA) and the Winemakers Federation of Australia Incorporated (WFA) as designated bodies for grapes and wine grapes, and by declaring Australian Grape and Wine Incorporated (AGWI) as the single designated body for these products (Schedule 1, Item 1 and Item 2). This amendment is made under clause 13 of Schedule 27 to the Primary Industries (Excise) Levies Act 1999 (Section 3). The Amendment Declaration imposes certain obligations on the designated bodies, primarily ensuring that they provide recommendations to the Minister for Agriculture and Water Resources regarding primary industries levies or charges. This is essential as the Excise Levies Act requires the Minister to consider these recommendations before making regulations related to these levies (Excise Levies Act, Section 13). AGWI, as the newly designated body, must now provide these recommendations and be prepared to engage with the Minister on matters pertaining to the introduction or amendment of levies or charges. Failure to comply with the requirements set out in the Amendment Declaration could lead to administrative consequences. However, the Amendment Declaration does not specify any criminal or civil penalties for non-compliance. Instead, the focus is on ensuring that AGWI effectively represents the interests of the grape and wine grape industries in the context of primary industries levies and charges. The Amendment Declaration also ensures that AGWI meets the definition of ‘relevant Plant Industry Member’ in the Plant Health Australia (Plant Industries) Funding Act 2002, enabling the Commonwealth to disburse levies or charges to Plant Health Australia (PHA) and for PHA to use the Emergency Plant Pest Response (EPPR) fund for relevant emergency plant pest responses (PHA Funding Act, Section 3 and Section 4). This legislative alignment is crucial for the proper functioning of the EPPR fund and the disbursement of levies. In summary, the Primary Industries (Excise) Levies (Designated Bodies) Amendment Declaration 2019 is a legislative instrument designed to update the list of designated bodies for grapes and wine grapes, ensuring that AGWI is recognised as the industry representative for these products. The declaration places an obligation on AGWI to provide recommendations to the Minister regarding primary industries levies, and while it does not specify penalties for non-compliance, it ensures that AGWI can effectively participate in the legislative process related to these levies. The compatibility with human rights has been affirmed, ensuring that the changes do not engage any of the applicable rights or freedoms.

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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.