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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Agriculture (Biosecurity Protection)
Charges Bill 2024
No. , 2024
(Agriculture, Fisheries and Forestry)
A Bill for an Act relating to the imposition of
biosecurity protection charges that are duties of
customs, and for related purposes
No. , 2024
Agriculture (Biosecurity Protection) Charges Bill 2024
i
Contents
Part 1
--
Preliminary
1
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 2
3
Simplified outline of this Act ............................................................... 2
4
Definitions.............................................................................................. 3
5
Crown to be bound ................................................................................ 6
6
Application of this Act in external Territories..................................... 6
Part 2
--
Biosecurity protection charges on products subject to
an existing charge
7
7
Imposition of biosecurity protection charge ........................................ 7
Part 3
--
Other biosecurity protection charges
8
8
Imposition of biosecurity protection charge ........................................ 8
9
Exemptions from biosecurity protection charge.................................. 8
10
Relationship with Part 2 ........................................................................ 8
Part 4
--
Rate of biosecurity protection charge
9
11
Rate of biosecurity protection charge .................................................. 9
Part 5
--
Charge payer
10
12
Charge payer ........................................................................................ 10
Part 6
--
Other matters
11
13
Act does not impose charge on property of a State ........................... 11
14
Net GST not included in price of product or goods or amount
paid for product or goods .................................................................... 11
15
Treatment of partnerships ................................................................... 11
16
Treatment of trusts............................................................................... 12
17
Treatment of unincorporated bodies or associations ......................... 12
18
Making of regulations ......................................................................... 13
No. , 2024
Agriculture (Biosecurity Protection) Charges Bill 2024
1
A Bill for an Act relating to the imposition of
1
biosecurity protection charges that are duties of
2
customs, and for related purposes
3
The Parliament of Australia enacts:
4
Part
1--Preliminary
5
6
1 Short title
7
This Act is the
Agriculture (Biosecurity Protection) Charges Act
8
2024
.
9
Part 1
Preliminary
Section 2
2
Agriculture (Biosecurity Protection) Charges Bill 2024
No. , 2024
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
As follows:
(a) if this Act receives the Royal Assent
before 1 July 2024
--
1 July 2024;
(b) if this Act receives the Royal Assent on
or after 1 July 2024
--
a single day to be
fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
Biosecurity protection charges on products subject to an existing
14
charge
15
Biosecurity protection charge is imposed on a product on which
16
existing charge is imposed by:
17
(a) the old charge law; or
18
Preliminary
Part 1
Section 4
No. , 2024
Agriculture (Biosecurity Protection) Charges Bill 2024
3
(b) regulations made for the purposes of Part 2 of the
1
Primary Industries (Customs) Charges Act 2024
.
2
The regulations set out the rate of the biosecurity protection
3
charge. The biosecurity protection charge is generally payable by
4
the person liable to pay the existing charge.
5
Other biosecurity protection charges
6
The regulations may also impose biosecurity protection charge in
7
relation to animal products, plant products, fungus products or
8
algal products that are produce of a primary industry.
9
The regulations set out:
10
(a) any exemptions from the biosecurity protection charge;
11
and
12
(b) the rate of the biosecurity protection charge; and
13
(c) the person who is liable to pay the biosecurity protection
14
charge.
15
4 Definitions
16
In this Act:
17
algae
means macroalgae, microalgae or cyanobacteria, and
18
includes seaweeds.
19
algal product
means:
20
(a) an alga; or
21
(b) any part of an alga; or
22
(c) anything produced by an alga; or
23
(d) anything wholly or principally produced from, or wholly or
24
principally derived from, an alga.
25
animal
means any member, alive or dead, of the animal kingdom
26
(other than a human being).
27
animal product
means:
28
(a) an animal; or
29
Part 1
Preliminary
Section 4
4
Agriculture (Biosecurity Protection) Charges Bill 2024
No. , 2024
(b) any part of an animal; or
1
(c) anything produced by an animal; or
2
(d) anything wholly or principally produced from, or wholly or
3
principally derived from, an animal.
4
aquaculture
means propagating, rearing, keeping or breeding
5
aquatic vertebrates or aquatic invertebrates.
6
biosecurity protection charge
means the following:
7
(a) biosecurity protection charge imposed by Part 2;
8
(b) biosecurity protection charge imposed by regulations made
9
for the purposes of Part 3.
10
existing charge provision
: see subsection 7(1).
11
fishing
means the catching, capturing or harvesting of aquatic
12
vertebrates or aquatic invertebrates.
13
forest operations
means the growing, harvesting or processing of
14
wood.
15
fungus
means any member, alive or dead, of the fungi kingdom,
16
and includes yeasts, mushrooms and truffles.
17
fungus product
means:
18
(a) a fungus; or
19
(b) any part of a fungus; or
20
(c) anything produced by a fungus; or
21
(d) anything wholly or principally produced from, or wholly or
22
principally derived from, a fungus.
23
old charge law
means the following:
24
(a) the
Primary Industries (Customs) Charges Act 1999
25
(including that Act as continued in operation under item 2 of
26
Schedule 4 to the
Primary Industries (Consequential
27
Amendments and Transitional Provisions) Act 2024
);
28
(b) regulations made under the
Primary Industries (Customs)
29
Charges Act 1999
(including those regulations as continued
30
in operation under that item);
31
Preliminary
Part 1
Section 4
No. , 2024
Agriculture (Biosecurity Protection) Charges Bill 2024
5
(c) the
National Residue Survey (Customs) Levy Act 1998
1
(including that Act as continued in operation under that
2
item).
3
plant
means any member, alive or dead, of the plant kingdom.
4
plant product
means:
5
(a) a plant; or
6
(b) any part of a plant; or
7
(c) anything produced by a plant; or
8
(d) anything wholly or principally produced from, or wholly or
9
principally derived from, a plant.
10
produce of a primary industry
means products that result from any
11
of the following:
12
(a) agriculture or the cultivation of land;
13
(b) the maintenance of animals for commercial purposes;
14
(c) soilless growing systems, including hydroponics, aeroponics
15
and aquaponics;
16
(d) controlled environment cropping, including vertical farming,
17
indoor farming and protected cropping;
18
(e) forest operations;
19
(f) fishing;
20
(g) aquaculture;
21
(h) hunting or trapping;
22
(i) picking or harvesting from the wild;
23
(j) horticulture;
24
(k) viticulture;
25
(l) the cultivation of fungi or algae;
26
(m) any other primary industry activity.
27
product
means an animal product, a plant product, a fungus
28
product or an algal product (whether or not any operations have
29
been performed in relation to the product).
30
property of any kind belonging to a State
: see subsection 13(2).
31
Secretary
means the Secretary of the Department.
32
Part 1
Preliminary
Section 5
6
Agriculture (Biosecurity Protection) Charges Bill 2024
No. , 2024
5 Crown to be bound
1
This Act binds the Crown in right of each of the States, of the
2
Australian Capital Territory and of the Northern Territory.
3
However, it does not bind the Crown in right of the
4
Commonwealth.
5
6 Application of this Act in external Territories
6
(1) Subject to subsection (2), this Act and the regulations do not
7
extend to the external Territories.
8
(2) The regulations may extend this Act, and any provisions of the
9
regulations, to an external Territory that is prescribed by the
10
regulations.
11
(3) Each biosecurity protection charge does not apply to products
12
exported to an external Territory.
13
Biosecurity protection charges on products subject to an existing charge
Part 2
Section 7
No. , 2024
Agriculture (Biosecurity Protection) Charges Bill 2024
7
Part
2--Biosecurity protection charges on products
1
subject to an existing charge
2
3
7 Imposition of biosecurity protection charge
4
(1) Biosecurity protection charge is imposed on a product that is
5
exported from Australia, or on the export of a product from
6
Australia, if:
7
(a) charge on the product that is exported from Australia, or on
8
the export of the product from Australia, is imposed by a
9
provision (the
existing charge provision
) of:
10
(i) the old charge law; or
11
(ii) regulations made for the purposes of Part 2 of the
12
Primary Industries (Customs) Charges Act 2024
; and
13
(b) the existing charge provision is prescribed by regulations
14
made under this Act for the purposes of this paragraph.
15
(2) Subsection (1) applies separately in relation to each existing charge
16
provision.
17
(3) This section does not apply in relation to an existing charge
18
provision to the extent prescribed by the regulations for the
19
purposes of this subsection.
20
Duty of customs
21
(4) This section imposes biosecurity protection charge only so far as
22
that charge is a duty of customs within the meaning of section 55
23
of the Constitution.
24
Part 3
Other biosecurity protection charges
Section 8
8
Agriculture (Biosecurity Protection) Charges Bill 2024
No. , 2024
Part
3--Other biosecurity protection charges
1
2
8 Imposition of biosecurity protection charge
3
(1) The regulations may impose a biosecurity protection charge in
4
relation to one or more specified products in the circumstances
5
prescribed by the regulations.
6
Note:
Products may be specified by name, by inclusion in a specified class,
7
or in any other way.
8
(2) The products must be produce of a primary industry.
9
No biosecurity protection charge on imported products
10
(3) The regulations must not impose a biosecurity protection charge on
11
the import of products into Australia.
12
Duty of customs
13
(4) This section authorises the imposition of a biosecurity protection
14
charge only so far as that charge is a duty of customs within the
15
meaning of section 55 of the Constitution.
16
9 Exemptions from biosecurity protection charge
17
The regulations may provide for exemptions from a biosecurity
18
protection charge under this Part.
19
10 Relationship with Part 2
20
Part 2 does not limit this Part.
21
Rate of biosecurity protection charge
Part 4
Section 11
No. , 2024
Agriculture (Biosecurity Protection) Charges Bill 2024
9
Part
4--Rate of biosecurity protection charge
1
2
11 Rate of biosecurity protection charge
3
(1) The rate of a biosecurity protection charge is the rate specified in,
4
or worked out in accordance with, the regulations.
5
(2) Different rates of the same biosecurity protection charge may be
6
prescribed by the regulations for different kinds of products.
7
(3) Subsection (2) does not limit subsection (1).
8
(4) Subsection (2) does not limit subsection 33(3A) of the
Acts
9
Interpretation Act 1901
.
10
(5) The rate of a biosecurity protection charge may be expressed to be:
11
(a) nil; or
12
(b) zero; or
13
(c) $0 or 0 cents per unit of measure; or
14
(d) 0% of the sale price of a product or goods.
15
Part 5
Charge payer
Section 12
10
Agriculture (Biosecurity Protection) Charges Bill 2024
No. , 2024
Part
5--Charge payer
1
2
12 Charge payer
3
Biosecurity protection charge imposed by Part 2
4
(1) Subject to subsection (2), a biosecurity protection charge imposed
5
by Part 2 is payable by the person liable to pay the charge imposed
6
by the existing charge provision.
7
(2) In relation to a particular biosecurity protection charge, the
8
regulations may prescribe the charge is payable by the person
9
prescribed by the regulations.
10
Biosecurity protection charge imposed by regulations made for the
11
purposes of Part 3
12
(3) A biosecurity protection charge imposed by regulations made for
13
the purposes of Part 3 is payable by the person prescribed by the
14
regulations.
15
Other matters
Part 6
Section 13
No. , 2024
Agriculture (Biosecurity Protection) Charges Bill 2024
11
Part
6--Other matters
1
2
13 Act does not impose charge on property of a State
3
(1) This Act does not authorise the imposition of a tax on property of
4
any kind belonging to a State.
5
(2)
Property of any kind belonging to a State
has the same meaning as
6
in section 114 of the Constitution.
7
(3) For the purposes of this section, assume that a reference in
8
section 114 of the Constitution to a State includes a reference to the
9
Australian Capital Territory and the Northern Territory.
10
14 Net GST not included in price of product or goods or amount
11
paid for product or goods
12
Despite section 177-12 of the
A New Tax System (Goods and
13
Services Tax) Act 1999
, a reference in the regulations to the price
14
of a product or goods (including sale price or market price), or the
15
amount paid for a product or goods, is taken not to include the net
16
GST (within the meaning of that Act) that is included in that price
17
or amount.
18
15 Treatment of partnerships
19
(1) This Act and the regulations apply to a partnership as if it were a
20
person, but with the changes set out in this section.
21
(2) An obligation that would otherwise be imposed on the partnership
22
by this Act or the regulations is imposed on each partner instead,
23
but may be discharged by any of the partners.
24
(3) If this Act or the regulations would otherwise permit something to
25
be done by the partnership, the thing may be done by one or more
26
of the partners on behalf of the partnership.
27
Part 6
Other matters
Section 16
12
Agriculture (Biosecurity Protection) Charges Bill 2024
No. , 2024
(4) For the purposes of this Act and the regulations, a change in the
1
composition of a partnership does not affect the continuity of the
2
partnership.
3
16 Treatment of trusts
4
(1) This Act and the regulations apply to a trust as if it were a person,
5
but with the changes set out in this section.
6
Trusts with a single trustee
7
(2) If the trust has a single trustee:
8
(a) an obligation that would otherwise be imposed on the trust by
9
this Act or the regulations is imposed on the trustee instead;
10
and
11
(b) if this Act or the regulations would otherwise permit
12
something to be done by the trust, the thing may be done by
13
the trustee.
14
Trusts with multiple trustees
15
(3) If the trust has 2 or more trustees:
16
(a) an obligation that would otherwise be imposed on the trust by
17
this Act or the regulations is imposed on each trustee instead,
18
but may be discharged by any of the trustees; and
19
(b) if this Act or the regulations would otherwise permit
20
something to be done by the trust, the thing may be done by
21
one or more of the trustees on behalf of the trust.
22
17 Treatment of unincorporated bodies or associations
23
(1) This Act and the regulations apply to an unincorporated body or
24
association as if it were a person, but with the changes set out in
25
this section.
26
(2) An obligation that would otherwise be imposed on the body or
27
association by this Act or the regulations is imposed on each
28
member of the body's or association's committee of management
29
instead, but may be discharged by any of the members.
30
Other matters
Part 6
Section 18
No. , 2024
Agriculture (Biosecurity Protection) Charges Bill 2024
13
(3) If this Act or the regulations would otherwise permit something to
1
be done by the body or association, the thing may be done by one
2
or more of the members of the body's or association's committee
3
of management on behalf of the body or association.
4
18 Making of regulations
5
(1) The Governor-General may make regulations prescribing matters:
6
(a) required or permitted by this Act to be prescribed by the
7
regulations; or
8
(b) necessary or convenient to be prescribed for carrying out or
9
giving effect to this Act.
10
Other instruments
11
(2) The regulations may make provision in relation to a matter by
12
conferring on the Minister or the Secretary a power to make a
13
legislative instrument.
14
Incorporation of other instruments
15
(3) Despite subsection 14(2) of the
Legislation Act 2003
, the
16
regulations may make provision in relation to a matter by applying,
17
adopting or incorporating, with or without modification, any matter
18
contained in an instrument or other writing as in force or existing
19
from time to time.
20
No limit on subsection (1)
21
(4) Subsections (2) and (3) do not limit subsection (1).
22