Wine Export Charge (Consequential Amendments) Act 1997
No. 86, 1997
Wine Export Charge (Consequential Amendments) Act 1997
No. 86, 1997
An Act to enact consequential amendments because of the enactment of the Wine Export Charge Act 1997
Contents
1 Short title..................................1
2 Commencement..............................1
3 Schedule(s).................................2
Schedule 1—Amendment of Acts 3
Australian Wine and Brandy Corporation Act 1980 3
Primary Industries Levies and Charges Collection Act 1991 4
Wine Export Charge (Consequential Amendments) Act 1997
No. 86, 1997
An Act to enact consequential amendments because of the enactment of the Wine Export Charge Act 1997
[Assented to 27 June 1997]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Wine Export Charge (Consequential Amendments) Act 1997.
2 Commencement
This Act commences at the commencement of the Wine Export Charge Act 1997.
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendment of Acts
Australian Wine and Brandy Corporation Act 1980
1 Subsection 29U(1)
Insert:
Charge Act means the Wine Export Charge Act 1997.
2 Subsection 29V(1)
Repeal the subsection, substitute:
(1) As soon as practicable after each 30 September, the Department must prepare and give to the Corporation a list of the persons who the Department, at the time of the preparation of the list, knows became liable to pay:
(a) levy imposed under the Levy Act; and
(b) charge imposed under the Charge Act;
in respect of the year that ended on 30 June immediately preceding that 30 September.
3 At the end of paragraph 32(b)
Add:
; and (c) so much of the amounts from time to time received by the Commonwealth as charge under the Wine Export Charge Act 1997 as is received because of section 6 of that Act; and
(d) so much of the amounts (if any) received by the Commonwealth under section 15 of the Primary Industries Levies and Charges Collection Act 1991 as is attributable to non-payment of charge referred to in section 6 of the Wine Export Charge Act 1997.
4 At the end of section 33
Add:
(2) If a refund is made by the Commonwealth in accordance with section 18 of the Primary Industries Levies and Charges Collection Act 1991 in respect of an amount that has been paid or overpaid to the Commonwealth by way of an amount of charge that is payable to the Commonwealth because of section 6 of the Wine Export Charge Act 1997, the Corporation must pay to the Commonwealth an amount equal to the amount of the refund.
5 Subsection 39ZL(1)
Repeal the subsection, substitute:
(1) The purpose of this section is to:
(a) assist; and
(b) achieve administrative savings in connection with;
the calculation and collection of:
(c) levy imposed by the Wine Grapes Levy Act 1979; or
(d) levy imposed by the Grape Research Levy Act 1986; or
(e) charge imposed by the Wine Export Charge Act 1997.
(1A) The Corporation may, with the consent of a wine manufacturer or wine exporter, give to a Department of the Commonwealth, with responsibilities relating to the levy or charge, information kept by, or held on behalf of, the manufacturer that is obtained by the Corporation under this Part or under section 42.
Primary Industries Levies and Charges Collection Act 1991
6 At the end of Schedule 1
Add:
Wine Export Charge Act 1997 |
[Minister’s second reading speech made in—
House of Representatives on 19 March 1997
Senate on 30 May 1997]
(36/97)
I HEREBY CERTIFY that the above is a fair print of the Wine Export Charge (Consequential Amendments) Bill 1997 which originated in the House of Representatives and has been finally passed by the Senate and the House of Representatives.
Clerk of the House of Representatives
IN THE NAME OF HER MAJESTY, I assent to this Act.
Governor-General
1997
Overview
The Wine Export Charge (Consequential Amendments) Act 1997 was enacted to enact consequential amendments because of the enactment of the Wine Export Charge Act 1997. This Act was introduced to address the need for adjustments in existing legislation due to the introduction of a new export charge on wine. The enactment was overseen by the Parliament of Australia, which passed the Act to ensure that the changes brought about by the Wine Export Charge Act 1997 were properly reflected in other related laws. The overarching policy objective was to streamline and integrate the new export charge into the existing regulatory framework, ensuring that all relevant acts were updated to reflect this new financial obligation.
This Act, commencing at the same time as the Wine Export Charge Act 1997, amends the Australian Wine and Brandy Corporation Act 1980 and the Primary Industries Levies and Charges Collection Act 1991 to incorporate references to the new charge, ensuring consistency and administrative efficiency across the legislative landscape. The amendments include adjustments to reporting requirements, financial obligations, and the sharing of information between the Australian Wine and Brandy Corporation and the relevant government departments. This legislative action was crucial for maintaining the integrity and functionality of the wine industry's regulatory environment in light of the new financial requirements.
Scope and Application
The Wine Export Charge (Consequential Amendments) Act 1997 is a legislative measure that enacts consequential amendments due to the enactment of the Wine Export Charge Act 1997. It applies to various entities, including the Australian Wine and Brandy Corporation, by amending the Australian Wine and Brandy Corporation Act 1980 to incorporate the new charge and related administrative processes. This Act also amends the Primary Industries Levies and Charges Collection Act 1991 to ensure that the collection and accounting of the wine export charge are correctly integrated into existing frameworks. The amendments cover the definition, reporting, and payment processes concerning the wine export charge. This Act operates within the Commonwealth jurisdiction and its amendments extend to any person or entity involved in the export of wine from Australia, ensuring that all relevant parties comply with the new charge structure. The Act does not explicitly state exclusions or thresholds but refers to existing legislative instruments for further detail on such matters.
Key Provisions
The Wine Export Charge (Consequential Amendments) Act 1997 (section 1) is an act that enacts consequential amendments due to the enactment of the Wine Export Charge Act 1997. The act comes into effect at the same time as the Wine Export Charge Act 1997 (section 2). The act includes a schedule that outlines amendments to specified acts, such as the Australian Wine and Brandy Corporation Act 1980 and the Primary Industries Levies and Charges Collection Act 1991 (section 3).
The Australian Wine and Brandy Corporation Act 1980 is amended to include the definition of "Charge Act" as the Wine Export Charge Act 1997 (Schedule 1, item 1). Additionally, the Department must prepare and provide a list of individuals who have become liable to pay the charge imposed under the Wine Export Charge Act 1997 (Schedule 1, item 2). The Corporation must also pay an amount equal to any refund made by the Commonwealth in respect of an amount paid or overpaid to the Commonwealth as charge under the Wine Export Charge Act 1997 (Schedule 1, item 4). The purpose of the Corporation's activities is expanded to include the calculation and collection of charges imposed under the Wine Export Charge Act 1997 (Schedule 1, item 5).
The act imposes obligations on the Australian Wine and Brandy Corporation, including the preparation and delivery of lists of individuals liable to pay charges and the payment of amounts equal to any refunds made by the Commonwealth. The act also grants the Corporation the authority to provide information to a department of the Commonwealth with responsibilities relating to the levy or charge, with the consent of a wine manufacturer or wine exporter (Schedule 1, item 5(1A)).
The act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, the obligations and requirements outlined in the act suggest that failure to comply with these obligations may result in legal consequences, such as fines or other penalties, as prescribed by the relevant acts. The maximum penalties for breaches of the Australian Wine and Brandy Corporation Act 1980 or the Primary Industries Levies and Charges Collection Act 1991 would apply in such cases.