Primary Industries Levies and Charges Collection Amendment Act 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2018A00091 In force Act

Legislation content

 

 

 

 

 

 

Primary Industries Levies and Charges Collection Amendment Act 2018

 

No. 91, 2018

 

 

 

 

 

An Act to amend the Primary Industries Levies and Charges Collection Act 1991, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Primary Industries Levies and Charges Collection Act 1991

 

 

 

Primary Industries Levies and Charges Collection Amendment Act 2018

No. 91, 2018

 

 

 

An Act to amend the Primary Industries Levies and Charges Collection Act 1991, and for related purposes

[Assented to 31 August 2018]

The Parliament of Australia enacts:

1  Short title

  This Act is the Primary Industries Levies and Charges Collection Amendment Act 2018.

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

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

1 September 2018

Note: This table relates only to the provisions of this Act as originally enacted.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  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 Levies and Charges Collection Act 1991

1  After paragraph 7(1)(c)

Insert:

 and (ca) a person who does an act, determined in an instrument under subsection 7A(1) for the purposes of this paragraph, in relation to such products;

2  After paragraph 7(2)(b)

Insert:

 and (ba) a person who does an act, determined in an instrument under subsection 7A(1) for the purposes of this paragraph, in relation to a product on or in relation to which levy is imposed, being a product declared by the regulations to be a product to which this paragraph applies;

3  Subsections 7(3) and (3A)

Repeal the subsections, substitute:

 (3) For better securing the payment of charge:

 (a) an exporting agent who exports prescribed products on which charge is imposed; and

 (b) a person who does an act, determined in an instrument under subsection 7A(1) for the purposes of this paragraph, in relation to such products;

is liable to pay in accordance with subsection (4), on behalf of the producer, an amount equal to the sum of:

 (c) the amount of any charge due for payment on or in relation to the products; and

 (d) any amount payable by the producer under subsection 15(1) in relation to that charge.

Note: Under paragraph (g) of the definition of producer in subsection 4(1), the producer is taken to be the person who exports the products from Australia.

 (3A) For better securing the payment of charge:

 (a) an importing agent who imports prescribed products on which charge is imposed; and

 (b) a person who does an act, determined in an instrument under subsection 7A(1) for the purposes of this paragraph, in relation to such products;

is liable to pay in accordance with subsection (4), on behalf of the producer, an amount equal to the sum of:

 (c) the amount of any charge due for payment on or in relation to the products; and

 (d) any amount payable by the producer under subsection 15(1) in relation to that charge.

Note: Under paragraph (ga) of the definition of producer in subsection 4(1), the producer is taken to be the person who imports the products into Australia.

4  After paragraph 7(6)(e)

Insert:

 or (f) does an act, determined in an instrument under subsection 7A(1), in relation to collection products;

5  After section 7

Insert:

7A  Secretary’s determination of intermediaries

 (1) The Secretary may, by legislative instrument, determine acts for the purposes of paragraphs 7(1)(ca), (2)(ba), (3)(b) and (3A)(b).

Note: Different acts may be determined for different paragraphs (see subsection 33(3A) of the Acts Interpretation Act 1901).

 (2) The Secretary must have regard to any guidelines in force under subsection (3) in exercising a power under subsection (1).

 (3) The Minister may, by written instrument, issue guidelines for the purposes of this section.

Note: For variation and revocation of the instrument, see subsection 33(3) of the Acts Interpretation Act 1901.

 (4) Guidelines are not legislative instruments.

 (5) The Minister must cause the guidelines to be put on the Department’s website.

6  Section 27 (heading)

Repeal the heading, substitute:

27  Giving of information about returns, intermediaries and receipt of levy or charge

7  Subsection 27(1)

Omit “may publish”, substitute “may give the following information”.

8  Paragraph 27(1)(a)

Omit “or” (last occurring).

9  Subsection 27(2)

Omit “publication”, substitute “giving”.

10  Paragraph 27A(1)(a)

Omit “and ABN”, substitute “, ABN (if any) and ACN (if any)”.

11  At the end of subsection 27A(3)

Add:

Note: Different details may be determined for different collection products (see subsection 33(3A) of the Acts Interpretation Act 1901).

12  Subsection 27A(4) (heading)

Repeal the heading, substitute:

Definitions

13  Subsection 27A(4)

Insert:

ACN has the meaning given by section 9 of the Corporations Act 2001.

14  After subsection 27B(4)

Insert:

 (4A) The Secretary may make an approval given under subsection (4) subject to conditions specified in the approval.

 (4B) The Secretary may, by writing, revoke an approval given under subsection (4) if the Secretary is satisfied that the holder of the approval has breached any conditions of the approval.

 (4C) The Secretary must give notice of the revocation to the holder. The notice must specify the day the revocation takes effect.

 (4D) Subsection (4B) does not limit subsection 33(3) of the Acts Interpretation Act 1901.

15  After section 27B

Insert:

27C  Making public any information of a statistical nature

  An authorised person may make public any information of a statistical nature that relates to amounts of levy or charge received or receivable by the Commonwealth.

16  Subsection 28(9) (after paragraph (a) of the definition of relevant decision)

Insert:

 (b) a decision under subsection 27B(4) to give an approval; or

 (c) a decision to specify conditions in an approval given under subsection 27B(4); or

 (ca) a decision to revoke an approval given under subsection 27B(4); or

17  Subsection 29(1)

After “section”, insert “7A,”.

18  Subsection 29(1)

Omit “or 27B”, substitute “, 27B or 32”.

19  Subsection 29(1A)

Omit “power under subsection 27B(4)”, substitute “powers under section 27B”.

20  After section 31

Insert:

32  Returns under the regulations

 (1) A return that is required to be lodged under the regulations in relation to a collection product must contain the details determined in an instrument under subsection (3), being details relating to the production or processing of that collection product.

 (2) Subsection (1) has effect in addition to the regulations dealing with the content of a return.

 (3) For the purposes of subsection (1), the Secretary may, by legislative instrument, determine details relating to the production or processing of a collection product.

Note: Different details may be determined for different collection products (see subsection 33(3A) of the Acts Interpretation Act 1901).

21  Application and saving provisions

(1) The amendments of section 7 of the Primary Industries Levies and Charges Collection Act 1991 made by this Schedule apply in relation to levy or charge that becomes payable on or after the day on which the first instrument made under subsection 7A(1) of that Act commences.

(2) The repeal and substitution of subsections 7(3) and (3A) of the Primary Industries Levies and Charges Collection Act 1991 made by this Schedule does not affect the validity of any regulations in force for the purposes of either of those subsections immediately before the commencement of this item.

(3) The amendments of sections 27 and 27A of the Primary Industries Levies and Charges Collection Act 1991 made by this Schedule apply in relation to the giving of information on or after the commencement of this item (whether the information was obtained before, on or after that commencement).

(4) Subsections 27B(4A) to (4D) of the Primary Industries Levies and Charges Collection Act 1991, as inserted by this Schedule, apply in relation to approvals given on or after the commencement of this item.

(5) Section 27C of the Primary Industries Levies and Charges Collection Act 1991, as inserted by this Schedule, applies in relation to information obtained before, on or after the commencement of this item.

(6) The amendment of section 28 of the Primary Industries Levies and Charges Collection Act 1991 made by this Schedule applies in relation to decisions made on or after the commencement of this item.

(7) Subsection 32(1) of the Primary Industries Levies and Charges Collection Act 1991, as inserted by this Schedule, applies to a return that is required to be lodged under the regulations in relation to a collection product for a period beginning on or after the day on which the first instrument made under subsection 32(3) of that Act in relation to that collection product commences.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 28 March 2018

Senate on 14 August 2018]

 

(46/18)

 

Overview

The Primary Industries Levies and Charges Collection Amendment Act 2018, enacted by the Parliament of Australia, amends the Primary Industries Levies and Charges Collection Act 1991. This amendment addresses gaps in the collection of levies and charges associated with primary industry products. The Act introduces changes to clarify and expand the definition of intermediaries responsible for the payment of levies and charges, ensuring that various agents involved in the production and processing of specified products are clearly identified and held accountable for the payment of these charges. Additionally, the Act provides the Secretary with the authority to determine the specific acts that constitute intermediary responsibilities, subject to ministerial guidelines, and allows for the imposition of conditions on approval decisions related to intermediaries. The policy objective of the Act is to enhance the effectiveness of levy and charge collection within the primary industries sector by ensuring that all relevant intermediaries are identified and liable for payment. This is achieved by amending the existing legislation to more comprehensively define intermediary responsibilities and by providing greater flexibility in the determination of intermediary acts and conditions for approvals. The Act also allows for the public release of statistical information regarding levies and charges collected.

Scope and Application

The Primary Industries Levies and Charges Collection Amendment Act 2018 amends the Primary Industries Levies and Charges Collection Act 1991, primarily expanding the scope of who is liable for certain levies and charges within the primary industries sector. This Act applies to entities involved in the production, processing, or collection of primary products, including farmers, processors, exporters, and importers. The Act specifically targets exporting and importing agents who handle prescribed products on which a charge is imposed, making them liable to pay the charge on behalf of the producer. Additionally, the Act extends to individuals who perform specified acts related to these products, as determined by the Secretary under legislative instruments. This legislation applies nationally across Australia, as it is a Commonwealth Act. The Act does not specify any exclusions, exemptions, or thresholds within the text provided; however, it allows the Secretary to determine specific acts through legislative instruments and may impose conditions on approvals or revoke them if conditions are breached. The Act came into effect on 1 September 2018, with certain provisions applying retroactively to levies or charges becoming payable after the commencement of the first relevant instrument.

Key Provisions

The Primary Industries Levies and Charges Collection Amendment Act 2018 makes several significant amendments to the Primary Industries Levies and Charges Collection Act 1991, primarily aimed at modifying the definitions of who is liable for the payment of levies and charges on certain products. Specifically, sections 7(1)(ca) and 7(2)(ba) are amended to include a person who performs certain acts related to products, as determined by an instrument under section 7A(1), as liable for the payment of levies and charges. Sections 7(3) and 7(3A) are repealed and replaced with new provisions that clarify the liability of exporting and importing agents, as well as any person who performs certain acts related to products, to pay levies and charges on behalf of the producer. Additionally, section 7 is amended to include a new subsection 7A, which allows the Secretary to determine the acts that would make a person liable for the payment of levies and charges, subject to any guidelines issued by the Minister. The Act imposes several obligations on parties and entities. The Secretary of the Department of Agriculture and Water Resources is tasked with determining the specific acts that would make a person liable for the payment of levies and charges, in accordance with guidelines issued by the Minister. The Minister is required to issue these guidelines and publish them on the Department's website. Producers, exporting and importing agents, and any person performing certain acts related to products are liable for the payment of levies and charges as outlined in the amended sections. Furthermore, the Act mandates that returns required under the regulations must contain details relating to the production or processing of the collection product, as determined by the Secretary. There are no specific offences, penalties, or consequences outlined in the Act itself; however, breaches of the amended provisions may result in civil or administrative penalties under the Primary Industries Levies and Charges Collection Act 1991 or related legislation. The Act includes provisions for the revocation of approvals given under section 27B(4) if the Secretary is satisfied that the holder of the approval has breached any conditions of the approval. The Secretary must give notice of the revocation to the holder, specifying the day the revocation takes effect. The maximum penalties for breaches of the Primary Industries Levies and Charges Collection Act 1991 are set out in that Act and can include fines and imprisonment, depending on the nature and severity of the offence.

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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.