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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
PRIMARY INDUSTRIES (CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL PROVISIONS) BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Agriculture, Fisheries and Forestry,
Senator the Hon. Murray Watt)
PRIMARY INDUSTRIES (CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL PROVISIONS) BILL 2023
GENERAL OUTLINE
The Primary Industries Levies and Charges (Consequential Amendments and Transitional
Provisions) Bill 2023 (the Bill) forms part of a package of Bills to modernise the agricultural
levies legislative framework.
The Bill, in combination with the following Bills, would provide the overarching legislative
framework for the national agricultural levy system:
• Primary Industries (Excise) Levies Bill 2023
• Primary Industries (Customs) Charges Bill 2023
• Primary Industries (Services) Levies Bill 2023
• Primary Industries Levies and Charges Collection Bill 2023, and
• Primary Industries Levies and Charges Disbursement Bill 2023.
The agricultural levy system is a long-standing partnership between industry and the
Australian Government to facilitate industry investment in strategic activities. The system has
been in place since 1989. Excise levies and customs charges are collected from farmers,
producers, processors and exporters. The Department of Agriculture, Fisheries and Forestry
publishes levy guidelines on its website to support agricultural, fisheries and forestry
industries through the process of developing a proposal to establish or amend an agricultural
levy or charge. The agricultural levy system allows agricultural, fisheries and forestry
industries to collectively invest in research and development (R&D), marketing, biosecurity
activities, biosecurity responses and residue testing activities. These investments are made by
levy recipient bodies on behalf of relevant industries. Without this arrangement most
individual producers could not invest effectively in these activities.
The Australian Government also matches industry investment in R&D up to legislated limits
by providing payments to the levy recipient bodies. These levy recipient bodies are
colloquially known as research and development corporations (RDCs). A target of
investment in R&D equivalent to 1% of an industry's gross value of production (GVP) was
identified as the desired level of investment when the legislative framework was first
established in 1989. This target is still supported by the GVP limit on matching funding
today.
Over time, the agricultural levies legislation has become overly complex, duplicative and
inconsistent. There are more than 50 pieces of legislation governing over 110 levies across
over 75 commodities and 18 levy recipient bodies. There are also some redundant and out of
date provisions.
A 2018 review of the agricultural levies legislation found the legislative framework serves
the objectives of the agricultural levy system and is necessary for a successful industry-
government arrangement. Despite this, the review found the current legislation is ineffective
in meeting industries' needs now and into the future.
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The package of Bills would modernise the agricultural levies legislative framework to
provide contemporary, flexible and efficient legislation that would better support industries'
needs in the future.
The transition from the current agricultural levies legislation to the modernised legislation
would be managed to ensure that levy and charge payers, collection agents and levy recipient
bodies experience minimal impacts, and the levy system continues to operate uninterrupted
under the modernised agricultural levies legislative framework.
The Bill would:
• repeal Acts that are, or would become, redundant upon commencement of the
modernised agricultural levies legislation
• make consequential amendments to Commonwealth legislation to reflect the repeal of
the above Acts and to support transitional arrangements for the modernised agricultural
levies legislation
• make amendments to the Primary Industries Research and Development Act 1989 and
the Wine Australia Act 2013, including by omitting provisions relating to the
disbursement of levy and charge amounts and matching funding, to reflect the
consolidation of disbursement related provisions into the proposed Primary Industries
Levies and Charges Disbursement Bill 2023, and
• set out application, savings and transitional arrangements to ensure continuity of
arrangements and minimal impacts for levy and charge payers, collection agents and
levy recipient bodies due to the repeal of the Acts and commencement of the
modernised agricultural levies legislation.
CONSULTATION
The development of the new agricultural levies legislation has been informed by extensive
consultation with industry groups, levy payers, collection agents, and levy recipient bodies:
• 2017-18: The department reviewed the levies legislative framework and undertook
targeted consultation with approximately 70 stakeholder groups.
• 2019-20: The department released the 'Streamlining and modernising agricultural
levies legislation - early assessment regulation impact statement' for public
consultation.
• 2021-22: The department conducted further consultation with industry representatives
and bodies that receive levy funding, industry-owned and statutory RDCs, Animal
Health Australia and Plant Health Australia. This included targeted consultation with
primary industry representative bodies about industry-specific levies and charges. The
department spoke to approximately 70 industry representative bodies in relation to the
intended approach to transferring their existing excise levies and customs charges into
the draft legislation. The department also wrote to around 7,500 collection agents to
provide information about the proposed approach to the new legislative framework.
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• 2023: Public consultation on the draft agricultural levies legislation.
Consultation on the new agricultural levies legislation also occurred with relevant
Commonwealth agencies during the development of the Bills, including the Attorney-
General's Department, the Australian Bureau of Statistics, the Australian Public Service
Commission, the Department of Finance, the Department of the Prime Minister and Cabinet,
the Federal Court and the Federal Circuit and Family Court of Australia, the Office of the
Australian Information Commissioner and the Department of the Treasury.
FINANCIAL IMPACT STATEMENT
The Consequential Amendments and Transitional Provisions Bill is estimated to have no net
financial impact on the Australian Government Budget.
IMPACT ANALYSIS
The Impact Analysis (OBPR22-03525) is attached to the combined Explanatory
Memorandum for the Imposition Bills.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
This Bill 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.
The full statement of compatibility with human rights is attached to this explanatory
memorandum (Attachment A).
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ACRONYMS, ABBREVIATIONS AND COMMONLY USED TERMS
Agriculture Department the Department administered by the Agriculture Minister
AMLI Act Australian Meat and Live-stock Industry Act 1997
Collection Act Primary Industries Levies and Charges Collection Act
Crimes Act Crimes Act 1914
Customs Act Primary Industries (Customs) Charges Act
Department the Department administered by the Minister who will
administer the proposed Primary Industries (Consequential
Amendments and Transitional Provisions) Act
Disbursement Act Primary Industries Levies and Charges Disbursement Act
Excise Act Primary Industries (Excise) Levies Act
HDRL Act Horse Disease Response Levy Act 2011
HDRLC Act Horse Disease Response Levy Collection Act 2011
Legislation Act Legislation Act 2003
Minister the Minister who will administer the proposed Primary
Industries (Consequential Amendments and Transitional
Provisions) Act
PILCC Act Primary Industries Levies and Charges Collection Act 1991
PILCC Regulations Primary Industries Levies and Charges Collection
Regulations 1991
PIRD Act Primary Industries Research and Development Act 1989
Privacy Act Privacy Act 1988
Regulatory Powers Act Regulatory Powers (Standard Provisions) Act 2014
Secretary the Secretary of the Department administered by the Minister
who will administer the proposed Primary Industries
(Consequential Amendments and Transitional Provisions)
Act
Services Act Primary Industries (Services) Levies Act
Wine Australia Act Wine Australia Act 2013
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NOTES ON CLAUSES
Section 1 Short title
1. This section would provide for the short title of the proposed Act to be the Primary
Industries (Consequential Amendments and Transitional Provisions) Act 2023 (the Act).
Section 2 Commencement
2. Subsection 2(1) would provide that each provision of the proposed 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.
3. Item 1 of the table would provide that sections 1 to 3 and anything in the proposed Act
not elsewhere covered by the table would commence on the day the proposed Act
receives the Royal Assent.
4. Item 2 of the table would provide that Schedule 1 of the proposed Act would
commence on 1 January 2025.
5. Item 3 of the table would provide that Schedule 2, items 1 to 122 of the proposed Act
would commence on 1 January 2025.
6. Item 4 of the table would provide that Schedule 2, item 123 of the proposed Act would
commence on 1 January 2025. However, the provision would not commence at all if
items 16 and 17 of Schedule 1 to the Inspector-General of Live Animal Exports
Amendment (Animal Welfare) Act 2023 commence before 1 January 2025.
7. Item 5 of the table would provide that Schedule 3, item 1 of the proposed Act would
commence on the day after the Act receives the Royal Assent.
8. Item 6 of the table would provide that Schedule 3, items 2 to 14 of the proposed Act
would commence on 1 January 2025.
9. Item 7 of the table would provide that Schedule 4 of the proposed Act would
commence on 1 January 2025.
10. A note to subsection 2(1) would state that the table relates only to the provisions of the
proposed Act as originally enacted and it will not be amended to deal with any later
amendments of the proposed Act.
11. Subsection 2(2) would provide that any information in column 3 of the table is not part
of the proposed Act. Information may be inserted in column 3 of the table, or
information in it may be edited, in any published version of the proposed Act. This
would allow information to be inserted in column 3 to assist the reader after
commencement.
Section 3 Schedules
12. This section would provide that legislation specified in a Schedule to the proposed Act
is amended or repealed as set out in the applicable items in the Schedule concerned, and
any other item in a Schedule to the proposed Act has effect according to its terms.
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Schedule 1--Repeals
Background
13. The Act would make a number of consequential and transitional arrangements to
provide for the efficient functioning of the modernised agricultural levies legislation.
14. Schedule 1 to the Act would repeal 23 Commonwealth Acts as they are, or would
become, redundant on the commencement of the modernised legislation.
15. Schedule 1 would repeal those Acts as explained in the tables below:
SCHEDULE 1 REPEALS
IMPOSITION ACTS
Column 1 - Item Column 2 - Name of Act being repealed Column 3 - Rationale
Item 9 - The whole Horse Disease Response Levy Act 2011 The repealed Acts would be replaced by
of the Act three proposed imposition Acts - the
Item 15 - The National Residue Survey (Customs) Levy Excise Act, the Customs Act and the
whole of the Act Act 1998 Services Act.
Item 16 - The National Residue Survey (Excise) Levy Act
whole of the Act 1998
Item 20 -The whole Primary Industries (Customs) Charges Act
of the Act 1999
Item 21 -The whole Primary Industries (Excise) Levies Act
of the Act 1999
SCHEDULE 1 REPEALS
COLLECTION ACTS
Column 1 - Item Column 2 - Name of Act being repealed Column 3 - Rationale
Item 10 - The Horse Disease Response Levy Collection The repealed Acts would be replaced by
whole of the Act Act 2011 the proposed Collection Act.
Item 22 - The Primary Industries Levies and Charges
whole of the Act Collection Act 1991
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SCHEDULE 1 - REPEALS
RDC AND OTHER FUNDING ACTS
Column 1 - Item Column 2 - Name of Act being repealed Column 3 - Rationale
Item 1 - The whole Australian Animal Health Council (Live- The repealed Acts would be replaced by
of the Act stock Industries) Funding Act 1996 the proposed Disbursement Act.
Item 2 - The whole Australian Meat and Live-stock Industry
of the Act Act 1997
Item 5 - The whole Dairy Produce Act 1986
of the Act
Item 6 - The whole Egg Industry Service Provision Act 2002
of the Act
Item 8 - The whole Forestry Marketing and Research and
of the Act Development Services Act 2007
Item 11 - The Horticulture Marketing and Research and
whole of the Act Development Services Act 2000
Item 13 - The National Residue Survey Administration
whole of the Act Act 1992
Item 18 - The Pig Industry (Transitional Provisions) Act
whole of the Act 1986
Item 19 - The Plant Health Australia (Plant Industries)
whole of the Act Funding Act 2002
Item 23 - The Sugar Research and Development Services
whole of the Act Act 2013
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SCHEDULE 1 REPEALS
OTHER REDUNDANT ACTS
Column 1 - Item Column 2 - Name of Act being repealed Column 3 - Rationale
Item 3 - The whole Dairy Adjustment Levy Termination Act The various provisions in these Acts have
of the Act 2008 had their intended effect and are spent.
Item 4 - The whole Dairy Industry Adjustment Act 2000
of the Act
Item 7 - The whole Egg Industry Service Provision
of the Act (Transitional and Consequential
Provisions) Act 2002
Item 12 - The National Cattle Disease Eradication
whole of the Act Account Act 1991
Item 14 - The National Residue Survey (Consequential
whole of the Act Provisions) Act 1992
Item 17 - The National Residue Survey Levies
whole of the Act Regulations (Validation and
Commencement of Amendments) Act 1999
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Schedule 2--Consequential amendments
Part 1--Main amendments
Background
16. Part 1 of Schedule 2 to the Act would make consequential amendments to 11 Acts by
updating definitions and references to the modernised agricultural levies legislation and
reflecting the repeal of the Acts mentioned in Schedule 1.
17. It would also make amendments to the PIRD Act and the Wine Australia Act, including
by omitting provisions relating to the disbursement of levy and charge amounts and
matching funding, to reflect the consolidation of disbursement related provisions into the
proposed Disbursement Act to ensure the agricultural levies legislation remains fit-for-
purpose into the future.
18. Part 1 of Schedule 2 to the Act would make consequential amendments to the:
• Biosecurity Act 2015
• Fisheries Administration Act 1991
• Freedom of Information Act 1982
• Horticulture Marketing and Research and Development Services (Repeals and
Consequential Provisions) Act 2000
• Natural Heritage Trust of Australia Act 1997
• Pig Industry Act 2001
• Primary Industries Research and Development Act 1989
• Renewable Energy (Electricity) Act 2000
• Sugar Research and Development Services (Consequential Amendments and
Transitional Provisions) Act 2013
• Wine Australia Act 2013, and
• Wool Services Privatisation Act 2000.
19. Part 2 of Schedule 2 to the Act would make other amendments to the:
• Export Control Act 2020, and
• Inspector-General of Live Animal Exports Act 2019.
Biosecurity Act 2015
Item 1 Subsection 9(1) (definition of Agriculture Minister)
20. This item would amend the definition of Agriculture Minister in subsection 9(1) to
omit the title of the "Primary Industries Levies and Charges Collection Act 1991" and
substitute the "Primary Industries Levies and Charges Collection Act 2023".
21. This amendment is consequential to item 22 of Schedule 1 that repeals the PILCC Act.
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Fisheries Administration Act 1991
Item 2 Subsection 94E(1) (paragraph (a) of the definition of deductible
component)
22. This item would amend subsection 94E(1) (paragraph (a) of the definition of deductible
component) to omit the words, "subparagraph 30A(1)(a)(i) or (ii) of the Primary
Industries Research and Development Act 1989 to an R & D Corporation (within the
meaning of that Act) established in respect of the fishing industry", and substitute them
with "paragraph 36(1)(a) or (b) of the Primary Industries Levies and Charges
Disbursement Act 2023 to the Fisheries Research and Development Corporation."
23. This amendment is consequential to the commencement of the proposed Disbursement
Act and the amendment made by item 52 of Schedule 2 to the Act that would repeal
sections 30 to 32 of the PIRD Act.
24. The effect of this amendment would be to reflect the provisions in the proposed
Disbursement Act that relate to amounts that the Commonwealth must pay to the
Fisheries Research and Development Corporation.
Freedom of Information Act 1982
Item 3 Part III of Schedule 2
25. This item would omit the reference to the Dairy Produce Act 1986 from Part III of
Schedule 2 to the Freedom of Information Act 1982.
26. This amendment is consequential to the amendment that would be made by item 5 of
Schedule 1 to the Act which would repeal the Dairy Produce Act 1986.
Horticulture Marketing and Research and Development Services (Repeals and
Consequential Provisions) Act 2000
Item 4 Subsection 4(1) (definition of industry services body)
27. This item would repeal the definition of industry services body from subsection 4(1) of
the Horticulture Marketing and Research and Development Services (Repeals and
Consequential Provisions) Act 2000 and substitute a new definition of industry services
body.
28. The new definition would provide that industry services body means the body that was
the industry services body under the Horticulture Marketing and Research and
Development Services Act 2000 on 31 December 2024.
29. The effect of this amendment would be to ensure that provisions of the Horticulture
Marketing and Research and Development Services (Repeals and Consequential
Provisions) Act 2000 that refer to the industry services body continue to operate on and
after the commencement of the proposed Disbursement Act.
Natural Heritage Trust of Australia Act 1997
Item 5 Section 54
30. This item would insert a new definition of horticultural product in section 54 of the
Natural Heritage Trust of Australia Act 1997.
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31. The new definition would provide that "horticultural product means: (a) fruits,
including processed fruits; and (b) vegetables, including: (i) processed vegetables; and
(ii) mushrooms and other edible fungi; and (iii) processed mushrooms and other
processed edible fungi; and (c) nuts, including processed nuts; and (d) nursery products,
including: (i) trees, shrubs, plants, seeds, bulbs, corms, and tubers; and (ii) propagating
material and plant tissue cultures, grown for ornamental purposes or for producing
fruits, vegetables, nuts or cut flowers and foliage; (e) cut flowers and foliage, including
processed cut flowers and foliage; and (f) products prescribed by the regulations for the
purposes of this paragraph."
32. This item is consequential to the amendment that would be made by item 11 of
Schedule 1 to the Act which repeals the Horticulture Marketing and Research and
Development Services Act 2000.
Item 6 Section 54 (definition of horticulture)
33. This item would omit the words, "(within the meaning of the Horticulture Marketing
and Research and Development Services Act 2000)", from the definition of horticulture
in section 54 of the National Heritage Trust of Australia Act 1997.
34. This item is consequential to the amendment that would be made by item 11 of
Schedule 1 to the Act which would repeal the Horticulture Marketing and Research
and Development Services Act 2000.
Pig Industry Act 2001
Item 7 Section 7
35. This item would repeal the definitions of eligible body and funding contract from
section 7 of the Pig Industry Act 2001.
36. The current definition of eligible body has the meaning given by subsection 9(1) of the
Pig Industry Act 2001 which provides that an eligible body means a body that is
registered under the Corporations Act 2001 as a company limited by guarantee.
37. The definition of eligible body would be redundant as the amendment made by item 10
of the Schedule would result in the term no longer appearing in the Pig Industry
Act 2001.
38. The definition of funding contract means a contract under section 9 of the Pig Industry
Act 2001.
39. The definition of funding contract would be redundant as the amendment made by
item 10 of Schedule 2 to the Act would result in the term no longer appearing in the Pig
Industry Act 2001, other than in a context for which a definition is not required.
Item 8 Section 7 (definition of industry services body)
40. This item would repeal the definition of industry services body from section 7 of the
Pig Industry Act 2001 and substitute a new definition of that term.
41. The current definition of industry services body means the body declared as the
industry services body under section 11 of the Pig Industry Act 2001.
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42. The effect of this amendment would be to ensure that the transitional provisions of the
Pig Industry Act 2001 that refer to the industry services body continue to operate on
and after the commencement of the proposed Disbursement Act.
Item 9 Section 7
43. This item would repeal the following definitions from section 7 of the Pig Industry Act
2001:
a. Levies Collection Act;
b. marketing payments;
c. matching payments;
d. Presiding Officer; and
e. R&D payments.
44. The current definition of Levies Collection Act is redundant as it refers to the
PILCC Act which would be repealed by Schedule 1 to the Act.
45. Marketing payments means payments referred to in paragraph 9(1)(a).
46. Matching payments means payments referred to in paragraph 9(1)(c).
47. Presiding Officer means: (a) in relation to the House of Representatives - the House of
Representatives; and (b) in relation to the Senate - the President of the Senate.
48. R&D payments means payments referred to in paragraph 9(1)(b).
49. The definitions are redundant as the amendment made by item 10 of Schedule 2 to the
Act would result in these terms no longer appearing in the Pig Industry Act 2001.
Item 10 Divisions 2 and 3 of Part 3
50. This item would repeal Divisions 2 and 3 of Part 3 of the Pig Industry Act 2001.
51. These Divisions would no longer be required as provisions relating to funding
agreements and industry services bodies have been moved to the proposed
Disbursement Act.
52. This amendment would be consequential to the commencement of that Act.
Item 11 Subsection 21(1)
53. This item would omit the words "section 9" from subsection 21(1) of the Pig Industry
Act 2001 and substitute the words "former section 9".
54. This amendment is consequential to the amendments made by item 10 of Schedule 2 to
the Act to repeal Divisions 2 and 3 of Part 3 of the Pig Industry Act 2001.
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Primary Industries Research and Development Act 1989
Item 12 After section 2
55. This item would insert a simplified outline in new section 2A of the PIRD Act.
56. New section 2A would outline how the PIRD Act provides for the establishment of the
Rural Industries Research and Development Corporation and that the regulations may
establish, or continue in existence, other research and development corporations. It
would also outline that those corporations have various functions and powers and that
they are required to have R&D plans and annual operational plans.
57. New section 2A would also include an outline of how the proposed Disbursement Act
would provide for payments to those corporations: including, how the Commonwealth
must pay to those corporations amounts connected with various levies and charges
collected under rules made under the proposed Collection Act, how those corporations
must spend the payments, how the Commonwealth makes matching payments, and how
those corporations must spend the matching payments.
58. New section 2A would also outline that the Act provides for directors of those
corporations; and for the appointment process for those directors, including the use of
Selection Committees.
59. This item is a technical amendment to assist with the overall clarity and readability of
the legislation.
Item 13 Paragraphs 3(a) and (b)
60. This item would omit the words "funding and administration" and substitute the word
"undertaking" in paragraphs 3(a) and (b) of the PIRD Act.
61. The purpose of this amendment would be to reflect in the objects of the PIRD Act the
amendments made by items 52 to 62 and the consolidation of disbursement related
provisions into the proposed Disbursement Act.
Item 14 Subsection 4(1) (definition of Collection Act)
62. This item would repeal the definition of Collection Act from subsection 4(1) of the
PIRD Act.
63. The definition of Collection Act would be redundant as the amendments made by
items 52 and 62 of Schedule 2 to the Act result in the term no longer appearing in the
PIRD Act.
Item 15 Subsection 4(1)
64. This item would insert a new definition of designated primary industry sector in
relation to an R&D Corporation into subsection 4(1) of the PIRD Act.
65. The new definition of designated primary industry sector in relation to an R&D
Corporation would provide a reference to section 5 of the PIRD Act .
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66. This amendment is consequential to the amendment that would be made by item 27 of
Schedule 2 to the Act which would insert new section 5 to provide that certain
expressions defined in the proposed Disbursement Act apply in the PIRD Act.
Item 16 Subsection 4(1) (definition of eligible levy payer)
67. This item would repeal the definition of eligible levy payer from subsection 4(1) of the
PIRD Act.
68. The current definition of eligible levy payer in subsection 4(1) provides that, in relation
to an R&D Corporation, means a person (within the meaning of section 57 of the PIRD
Act) who is included in a list of levy payers prepared by the Corporation under
section 57.
69. The definition of eligible levy payer would be redundant as the amendments made by
items 70, 74, 75, 76, 77, 78, 79 and 80 of this Schedule would result in the term no
longer appearing in the PIRD Act.
Item 17 Subsection 4(1) (definition of funding agreement)
70. This item would amend the definition of funding agreement in subsection 4(1) of the
PIRD Act to omit the words "subsection 33(4)" and substitute "section 42 of the
Primary Industries Levies and Charges Disbursement Act 2023".
71. Current subsection 33(4) of the PIRD Act provides that the Minister may enter into a
funding agreement with an R&D Corporation and that the agreement must specify the
terms and conditions on which money paid to the R&D Corporation by the
Commonwealth will be spent.
72. New section 42 of the proposed Disbursement Act sets out, in relation to the operation
of the Act, the requirements necessary for the Commonwealth to enter into funding
agreements with statutory recipient bodies.
73. The purpose of this amendment would be to create a definition that is consistent with
the definition of funding agreement contained in the proposed Disbursement Act.
Item 18 Subsection 4(1)
74. This item would repeal the definitions of levy and list of levy payers from
subsection 4(1) of the PIRD Act.
75. The definition of levy would be redundant as the amendments made throughout the
Schedule would revise the PIRD Act to result in the term being used only in a context
that refers to the proposed Disbursement Act. The term is defined in section 4 of the
proposed Disbursement Act as a levy imposed by regulations under: (a) the Primary
Industries (Excise) Levies Act 2023; or (b) the Primary Industries (Services) Levies
Act 2023.
76. The current definition of list of levy payers in relation to an R&D Corporation, means a
list prepared by the Corporation under section 57 of the PIRD Act for a particular
financial year. The term would be redundant as the amendments made by items 16, 66,
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79 and 80 of Schedule 2 to the Act would result in the term no longer appearing in the
PIRD Act.
Item 19 Subsection 4(1) (definition of marketing activities)
77. This item would repeal the definition of marketing activities from subsection 4(1) of
the PIRD Act and substitute a new definition of that term.
78. The current definition of marketing activities under subsection 4(1) is narrower in
scope and applies to the marketing, advertising or promotion of products of primary
industries or an activity incidental to such marketing, advertising or promotion.
79. The new definition of marketing activities, in relation to an R&D Corporation, means
"(a) the marketing, advertising or promotion of: a designated primary industry sector in
relation to that Corporation; or goods that are the produce, or that are derived from the
produce, of a designated primary industry sector in relation to that Corporation;
(b) activities incidental to such marketing, advertising or promotion".
80. The purpose of this amendment would be to create a definition that is consistent with
the definition of marketing activities contained in the proposed Disbursement Act.
Item 20 Subsection 4(1)
81. This item would repeal the following definitions from subsection 4(1) of the PIRD Act:
a. marketing component;
b. order;
c. prescribed;
d. R&D activity.
82. The definition of marketing component would be redundant as the amendments made
by items 27, 52, 72 and 77 of Schedule 2 to the Act would result in the term no longer
appearing in the PIRD Act.
83. The definitions of order and prescribed would be redundant as the amendment made by
item 88 of Schedule 2 to the Act would result in removal of the provision for making
orders under the PIRD Act.
84. The definition of R&D activity would be redundant as the amendment made by items
32, 33, 38, 39, 40, 41, 42, 45, 46, 49, 54, 61, 62 and 83 of the Schedule would result in
that term no longer appearing in the PIRD Act. The amendment made by item 27 of
Schedule 2 to the Act would provide that the meaning of the replacement term research
and development activities, is the same as in the proposed Disbursement Act.
Item 21 Subsection 4(1) (paragraph (a) of the definition of R&D Corporation)
85. This item would repeal paragraph (a) of the existing definition of R&D Corporation
from subsection 4(1) of the PIRD Act and substitute a new paragraph.
86. The current definition of R&D Corporation in subsection 4(1) means a Research and
Development Corporation established under section 8 of the PIRD Act; or the Rural
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Industries Research and Development Corporation established under section 9 of the
PIRD Act.
87. The new definition of R&D Corporation means "(a) a research and development
corporation established under regulations, or continued in existence under regulations,
made for the purposes of section 8; or (b) the Rural Industries Research and
Development Corporation established under section 9".
88. This amendment is consequential to the amendments made by item 28 of Schedule 2 to
the Act which would provide for the regulations to establish, or continue in existence,
research and development corporations.
Item 22 Subsection 4(1)
89. This item would repeal the following definitions from subsection 4(1) of the PIRD Act:
a. R&D project;
b. refund;
c. regulations.
90. The current definition of R&D project in relation to a primary industry or class of
primary industries, means a project for research and development in respect of that
industry or class.
91. The definition of R&D project would be redundant as the amendment made by item 20
of Schedule 2 to the Act would result in the term no longer appearing in the PIRD Act.
92. The definition of refund would be redundant as the amendments made by items 52 and
62 of Schedule 2 to the Act would result in the term no longer appearing in the PIRD
Act.
93. The current definition of regulations provides that regulations includes orders. This
definition would be redundant as the amendment made by item 88 of Schedule 2 to the
Act would result in the removal of the power to make orders under the PIRD Act.
Item 23 Subsection 4(1) (definition of research and development)
94. This item would repeal the definition of research and development from
subsection 4(1) of the PIRD Act and substitute a new definition of research and
development.
95. The new definition of research and development would refer to section 5 of the PIRD
Act.
96. This amendment is consequential to the amendment that would be made by item 27 of
Schedule 2 to the Act, which would insert new section 5 to provide that certain
expressions defined in the proposed Disbursement Act apply in the PIRD Act.
17
Item 24 Subsection 4(1)
97. This item would insert a definition of research and development activity in
subsection 4(1) of the PIRD Act.
98. The new definition of research and development activity would refer to section 5 of the
PIRD Act.
99. This amendment is consequential to the amendment made by item 27 of Schedule 2 to
the Act, which would insert new section 5 to provide that certain expressions defined in
the proposed Disbursement Act apply in the PIRD Act.
Item 25 Subsection 4(1)
100. This item would repeal the following definitions from subsection 4(1) of the PIRD Act:
a. research component
b. RIR&D Corporation
c. separately levied fishery
d. State Research Committee
101. The definition of research component would be redundant as the amendments made by
items 27, 52, 72 and 77 of Schedule 2 to the Act would result in the term research
component no longer appearing in the PIRD Act.
102. The definition of RIR&D Corporation would be redundant as the amendment made by
item 52 of Schedule 2 to the Act would result in the term no longer appearing in the
PIRD Act.
103. The definition of separately levied fishery would be redundant as the amendments
made by items 27, 52 and 62 of Schedule 2 to the Act would result in the term no
longer appearing in the PIRD Act. The current definition refers to section 5A of the
PIRD Act which would be repealed by item 27.
104. The definition of State Research Committee would be redundant as the term does not
appear in the PIRD Act. The current definition provides that State Research Committee
has the same meaning as in the Rural Industries Research Act 1985. That Act would be
repealed.
Item 26 Subsection 4(3)
105. This item would repeal subsection 4(3) of the PIRD Act.
106. Subsection 4(3) currently provides that a reference in the PIRD Act to the primary
industry or class of primary industries to which a levy relates is a reference to the
primary industry or class of primary industries that the regulations declare under
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paragraph 5(3)(b) to be the primary industry or class of primary industries to which the
levy relates.
107. Subsection 4(3) would be redundant as the amendments made by items 27, 52 and 62 of
Schedule 2 to the Act would result in there no longer being any references to the
primary industry or class of primary industries to which a levy relates in the PIRD Act.
Item 27 Sections 5 to 6
108. This item would repeal sections 5 to 6 of the PIRD Act and substitute new section 5.
109. New section 5 would substitute expressions defined in the proposed Disbursement Act
to provide that, "For the purposes of this Act, work out what are the following under
the definitions in Part 1 of the Primary Industries Levies and Charges
Disbursement Act 2023: (a) designated primary industry sector in relation to an R&D
Corporation; (b) research and development; (c) research and development activity".
110. A note would explain that, "The definitions in that Act apply, in part, in relation to a
statutory recipient body, which includes an R&D Corporation".
111. The purpose of this amendment would be to ensure that definitions contained in the
PIRD Act are consistent with terms in the proposed Disbursement Act.
Item 28 Section 8
112. This item would repeal section 8 of the PIRD Act and substitute a new section 8.
113. New section 8 would provide that regulations may establish a research and
development corporation with the name prescribed by regulation; or continue in
existence a research and development corporation prescribed by regulations.
114. The purpose of this amendment would be to clarify the role of regulations under the
Act.
Item 29 Subsection 9(1)
115. This item would omit the designation subsection "9(1)" from the PIRD Act.
116. This amendment would be consequential to the amendment that would be made by
item 30 of Schedule 2 to the Act to repeal subsection 9(2) of the PIRD Act.
Item 30 Subsection 9(2)
117. This item would repeal subsection 9(2) from the PIRD Act.
118. This amendment would be consequential to the consolidation of the disbursement
related provisions in the proposed Disbursement Act.
Item 31 Paragraph 11(a)
119. This item would omit the words "in relation to the primary industry or class of primary
industries in respect of which it was established" and substitute "for each designated
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primary industry sector in relation to the Corporation" in paragraph 11(a) of the PIRD
Act.
120. Amended paragraph 11(a) of the Act would provide that the functions of an R&D
Corporation are, among other things, to "(a) investigate and evaluate the requirements
for research and development for each designated primary industry sector in relation to
the Corporation".
121. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 32 Paragraphs 11(c) and (d)
122. This item would omit the words "R&D activities" and substitute "research and
development activities" in paragraph 11(c) and (d) of the PIRD Act.
123. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 33 Paragraph 11(da)
124. This item would omit the words "the primary industry or class of primary industries in
respect of which the Corporation was established, of R&D activities" and substitute
"each designated primary industry sector in relation to the Corporation, of research and
development activities" in paragraph 11(da) of the PIRD Act.
125. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 34 Paragraph 11(e)
126. This item would omit the words "primary industry or class of primary industries in
respect of which the Corporation was established" and substitute "each designated
primary industry sector in relation to the Corporation" in paragraph 11(e) of the PIRD
Act.
127. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 35 Paragraph 11(ea)
128. This item would repeal paragraph 11(ea) from the PIRD Act and substitute new
paragraph 11(ea) to provide "to carry out marketing activities under the Primary
Industries Levies and Charges Disbursement Act 2023 for the benefit of designated
primary industry sectors in relation to the Corporation; and".
129. The purpose of this amendment would be to align the function of statutory recipient
bodies to undertake marketing activities with the provisions of the proposed
Disbursement Act. As part of the consolidation of disbursement related provisions, the
spending requirements for amounts disbursed under the proposed Disbursement Act
will be set out in that Act.
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Item 36 Paragraph 11(eb)
130. This item would amend paragraph 11(eb) of the PIRD Act to omit the words "the
primary industry or class of primary industries in respect of which the Corporation was
established" and substitute "a designated primary industry sector in relation to the
Corporation".
131. The purpose of this amendment is to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 37 Paragraphs 12(1)(a) and (b)
132. This item would amend paragraphs 12(1)(a) and (b) of the PIRD Act to omit "R&D"
and substitute "research and development activities".
133. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 38 Section 13 (heading)
134. This item would amend the heading of section 13 of the PIRD Act to omit "R&D
activities" and substitute "research and development activities".
135. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 39 Paragraph 13(1)(a)
136. This item would repeal paragraph 13(1)(a) of the PIRD Act and substitute new
paragraph "(a) research and development activities".
137. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 40 Paragraph 13(2)(c)
138. This item would amend paragraph 13(2)(c) of the PIRD Act to omit "R&D activities"
and substitute "research and development activities".
139. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 41 Section 14 (heading)
140. This item would amend the heading of section 14 of the PIRD Act to omit "R&D
activities" and substitute "research and development activities".
141. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 42 Paragraph 14(1)(a)
142. This item would repeal paragraph 14(1)(a) of the PIRD Act and substitute new
paragraph "(a) research and development activities;".
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143. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 43 Paragraph 15(1)(a)
144. This item would omit the words "the primary industry or class of primary industries in
respect of which the Corporation was established" and substitute "a designated primary
industry sector in relation to the Corporation" in paragraph 15(1)(a) of the PIRD Act.
145. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 44 Subsection 15(1)(b)
146. This item would omit the words "primary industry or class of primary industries" from
subsection 15(1)(b) and substitute "sector" in the PIRD Act.
147. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 45 Paragraph 25(2)(a)
148. This item would amend paragraph 25(2)(a) of the PIRD Act to omit "R&D activities"
and substitute "research and development activities".
149. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 46 Subparagraphs 25(2)(c)(i) and (ii)
150. This item would repeal subparagraphs 25(2)(c)(i) and (ii) of the PIRD Act and
substitute new subparagraphs (i) and (ii).
151. New subparagraphs 25(2)(c)(i) and (ii) would provide that "(i) the total amounts likely
to be spent by the Corporation in respect of each broad grouping of research and
development activities the Corporation proposes to fund during the financial year; and
(ii) the total of all other amounts likely to be spent by the Corporation during the
financial year; and".
152. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act. This amendment is
consequential to the commencement of the proposed Disbursement Act and a
consequence of most spending being authorised by that Act, rather than by section 33
of the PIRD Act.
Item 47 Subparagraph 25(2)(c)(iv)
153. This item would amend subparagraph 25(2)(c)(iv) of the PIRD Act to omit "section 30,
30A or 30B" and substitute the words "the Primary Industries Levies and Charges
Disbursement Act 2023".
154. This item is consequential to the amendment made by item 52 of Schedule 2 to the Act
to repeal sections 30, 30A and 30B of the PIRD Act.
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Item 48 Subsection 25(3)
155. This item would omit the words "R&D or marketing activities that an R&D
Corporation proposes to fund includes a reference to R&D" from subsection 25(3) of
the PIRD Act and substitute "research and development activities or marketing
activities that an R&D Corporation proposes to fund includes a reference to research
and development activities".
156. The purpose of this amendment would be to ensure that terms used in the PIRD Act
are consistent with terms used in the proposed Disbursement Act.
Item 49 Subparagraph 28(a)(i)
157. This item would amend subparagraph 28(a)(i) of the PIRD Act to omit "R&D
activities" and substitute the words "research and development activities".
158. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 50 Subparagraph 28(a)(iib)
159. This item would amend subparagraph 28(a)(iib) of the PIRD Act to omit "on the
primary industry or class of primary industries in respect of which the Corporation was
established" and substitute the words "on each designated primary industry sector in
relation to the Corporation".
160. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 51 Sub-subparagraph 29(b)(iii)(C)
161. This item would repeal sub-subparagraph 29(b)(iii)(C) from the PIRD Act.
162. Subparagraph 29(b)(iii)(C) relates to the accountability of representative organisations
and currently provides that "funds derived from the transfer, under section 151 of the
Act, of levies attached to Research Funds under the Rural Industries Research Act
1985; and".
163. Section 151 of the PIRD Act was repealed in 2013 and the provision is now spent.
Item 52 Sections 30 to 32
164. This item would repeal sections 30 to 32 from the PIRD Act.
165. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act.
Item 53 Subsection 33(1)
166. This item would amend subsection 33(1) of the PIRD Act to omit the word "An" and
substitute "Subject to this section, an".
167. This amendment is ancillary to the amendment made by item 57 of Schedule 2 to the
Act which limits the application of section 33 to moneys other than the amounts paid
under the proposed Disbursement Act.
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Item 54 Paragraph 33(1)(a)
168. This item would amend subparagraph 33(1)(a) of the PIRD Act to omit "R&D
activities" (wherever occurring) and substitute "research and development activities".
169. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 55 Paragraph 33(1)(a)
170. This item would amend paragraph 33(1)(a) in the PIRD Act to omit the words "when
payments are made".
171. This item is a technical amendment to remove redundant words.
Item 56 Paragraphs 33(1)(ca) to (da)
172. This item would repeal paragraphs 33(1)(ca) to (da) of the PIRD Act and substitute "(d)
in payment to the Commonwealth of amounts payable under the Primary Industries
Levies and Charges Disbursement Act 2023; and".
173. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms used in the proposed Disbursement Act.
Item 57 After subsection 33(1)
174. This item would insert new paragraph 33(1AA) into the PIRD Act.
175. New paragraph 33(1AA) would provide that, "Money paid to an R&D Corporation
under the Primary Industries Levies and Charges Disbursement Act 2023 may be spent
by the R&D Corporation only in accordance with that Act."
176. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act.
Item 58 Subsection 33(3)
177. This item would amend subsection 33(3) of the PIRD Act to omit "After 30 June 2015,
an" and substitute the word "An".
178. The effect of this amendment would be to remove reference to the date, "30 June 2015"
as the date after which an R&D Corporation must not spend money that has not been
paid to the Commonwealth unless the R&D Corporation does so in accordance with a
written funding agreement.
179. This item is a technical amendment as the limitation previously provided by the date,
30 June 2015, is spent and the words are now redundant.
Item 59 Subsections 33(4) and (5)
180. This item would repeal subsections 33(4) and 33(5) of the PIRD Act.
181. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act.
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Item 60 Section 33A
182. This item would repeal section 33A from the PIRD Act.
183. This amendment is consequential to the amendment made by item 52 of Schedule 2 to
the Act which repeals sections 30 to 32 of the PIRD Act.
Item 61 Subsection 33B(2)
184. This item would amend subsection 33B(2) of the PIRD Act to omit the words "R&D
activities" and substitute "research and development activities".
185. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms in the proposed Disbursement Act.
Item 62 Sections 33C to 39
186. This item would repeal sections 33C to 39 of the PIRD Act.
187. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act. The
requirements of sections 33C to 39 of the PIRD Act would be addressed in that Act.
Item 63 Subsection 40(1)
188. This item would omit "(1)" from subsection 40(1) of the PIRD Act.
189. This item is consequential to the amendment made by item 64 of Schedule 2 to the Act
which repeals subsection 40(2).
Item 64 Subsection 40(2)
190. This item would repeal subsection 40(2) of the PIRD Act.
191. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act.
Item 65 Section 56
192. This item would repeal section 56 of the PIRD Act and substitute a new section 56.
193. New section 56 would provide that Division 7 of the PIRD Act applies to an R&D
Corporation if: (a) there are one or more levies or charges imposed by provisions
prescribed by rules made under the Primary Industries Levies and Charges
Disbursement Act 2023 for the purposes of paragraph 15(1)(a) of that Act in relation to
the Corporation; and (b) the regulations declare that this Division applies to the
Corporation.
194. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act.
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Item 66 Section 57 (heading)
195. This item would repeal the heading and substitute a new heading in section 57 of the
PIRD Act.
196. The new heading in section 57 would be "list of levy or charge payers".
197. The purpose of this amendment would be to specify that the list applies to both levy or
charge payers. It would further clarify the scope of the section and better align with the
usage in the new legislation.
Item 67 Subsection 57(1)
198. This item would amend subsection 57(1) of the PIRD Act to omit the words "a levy
that is attached to the Corporation" and substitute "any of the levies or charges covered
by paragraph 56(a)".
199. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act.
Item 68 Paragraph 59(1)(b)
200. This item would amend paragraph 59(1)(b) to omit "of levy payers" and substitute
"referred to in section 57" of the PIRD Act.
201. This amendment is consequential to the amendment made by item 67 of Schedule 2 to
the Act.
Item 69 Subsection 60(1)
202. This item would omit "(1)" from subsection 60(1) of the PIRD Act.
203. This amendment is a technical amendment to renumber the provision.
Item 70 Subsection 60(1)
204. This item would amend subsection 60(1) of the PIRD Act to omit "eligible levy payers"
and substitute "those included in the list referred to in section 57".
205. This amendment is consequential to the amendment that would be made by item 67 of
Schedule 2 to the Act.
Item 71 Subparagraph 60(1)(b)(ii)
206. This item would amend subparagraph 60(1)(b)(ii) of the PIRD Act to omit "the primary
industry or class of primary industries in respect of which the Corporation was
established" and substitute "each designated primary industry sector in relation to the
Corporation".
207. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms in the proposed Disbursement Act.
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Item 72 Subparagraph 60(1)(d)(i)
208. This item would amend subparagraph 60(1)(d)(i) of the PIRD Act to omit "making of
regulations prescribing an amount of levy in respect of a levy attached to the
Corporation or declaring the research component, or marketing component, of such a
levy" and substitute "amount of any of the levies or charges covered by
paragraph 56(a)".
209. This amendment is consequential to the amendment that would be made by item 67 of
Schedule 2 to the Act.
Item 73 Subparagraph 60(1)(d)(ii)
210. This item would amend paragraph 60(1)(d)(ii) of the PIRD Act to omit "making of
such regulations" and substitute "amount of any of the levies or charges covered by
paragraph 56(1)(a)".
211. This amendment is consequential to the amendment that would be made by item 67 of
Schedule 2 to the Act.
Item 74 Paragraph 61(a)
212. This item would amend paragraph 61(a) of the PIRD Act to omit "by an eligible levy
payer of the Corporation at an annual general meeting" and substitute "at an annual
general meeting by a person included in the list prepared by the Corporation under
section 57".
213. This amendment is consequential to the amendment that would be made by item 67 of
Schedule 2 to the Act.
Item 75 Paragraph 61(b)
214. This item would amend paragraph 61(b) of the PIRD Act to omit "Corporation's
eligible levy payers" and substitute "persons included in the list prepared by the
Corporation under section 57".
215. This amendment is consequential to the amendment that would be made by item 67 of
Schedule 2 to the Act.
Item 76 Paragraph 61(c)
216. This item would amend paragraph 61(c) of the PIRD Act to omit "eligible levy payers
of the Corporation" and substitute "persons included in the list prepared by the
Corporation under section 57".
217. This amendment is consequential to the amendment that would be made by item 67 of
Schedule 2 to the Act.
Item 77 Paragraph 61(e)
218. This item would repeal paragraph 61(e) and substitute a new paragraph 61(e) of the
PIRD Act.
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219. New paragraph 61(e) would provide: "(e) a method: (i) of determining the number of
votes that a person included in the list prepared by the Corporation under section 57
who is entitled to vote at an annual general meeting may cast when voting at such a
meeting; and (ii) that has regard to the amount of any of the levies or charges covered
by paragraph 56(a) for which the person became liable to pay during , or within 3
months after the end of, the financial year immediately preceding the meeting".
220. This amendment is consequential to the amendment that would be made by item 67 of
Schedule 2 to the Act and to the commencement of the proposed Disbursement Act and
the consolidation of disbursement related provisions into that Act.
Item 78 Paragraph 61(f)
221. This item would amend paragraph 61(f) of the PIRD Act to omit "levy for which an
eligible levy payer became liable" and substitute "any of the levies or charges covered
by paragraph 56(a) for which a person included in the list prepared by the Corporation
under section 57 became liable to pay".
222. This amendment is consequential to the amendment that would be made by item 67 of
Schedule 2 to the Act.
Item 79 Paragraph 62(1)(b)
223. This item would amend paragraph 62(1)(b) of the PIRD Act to omit "the eligible levy
payers of the Corporation who are included in the list of levy payers" and substitute
"the persons included in the list prepared by the Corporation under section 57".
224. This amendment is consequential to the amendment that would be made by item 67 of
Schedule 2 to the Act.
Item 80 Subsection 62(3)
225. This item would repeal subsection 62(3) of the PIRD Act and substitute a new
subsection 62(3).
226. New subsection 62(3) would provide that "a person included in the list prepared by the
Corporation under section 57 for the financial year in which an annual general meeting
of the Corporation is held is entitled to vote upon any matter to be determined at the
meeting."
227. This amendment is consequential to the amendment that would be made by item 67 of
Schedule 2 to the Act.
Item 81 Section 65
228. This item would repeal section 65 and substitute a new section 65 of the PIRD Act.
229. New section 65 would provide that "this Division applies in relation to a director of an
R&D Corporation, other than the Executive Director".
230. New section 65 would also add a note to refers readers to Division 9 for provisions
applying to the Executive Director.
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231. The purpose of this amendment would be to ensure that the term "director" has the
same meaning in Division 8 of Part 2 of the PIRD Act and is used consistently
throughout the Act.
Item 82 Paragraph 131(2)(a)
232. This item would amend paragraph 131(2)(a) of the PIRD Act to omit "the particular
industry or class of primary industries in respect of which the R&D Corporation or
R&D Council is established" and substitute "each designated primary industry sector in
relation to the Corporation".
233. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms in the proposed Disbursement Act.
Item 83 Subsection 142(2)
234. This item would amend subsection 142(2) of the PIRD Act to omit the words "R&D
activities" and substitute "research and development activities".
235. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms in the proposed Disbursement Act.
Item 84 Subsection 145(1)
236. This item would amend subsection 145(1) of the PIRD Act to omit the words "under
section 8 declaring the establishment of the Corporation" and substitute "for the
purposes of section 8".
237. The purpose of this amendment would be to avoid limiting the application of the
section.
Item 85 Paragraph 146(b)
238. This item would amend paragraph 146(b) of the PIRD Act to omit the words "the
primary industry or class of primary industries in respect of which the Corporation is
established" and substitute "a designated primary industry sector in relation to the
Corporation".
239. The purpose of this amendment would be to ensure that terms used in the PIRD Act are
consistent with terms in the proposed Disbursement Act.
Item 86 Section 147
240. This item would amend section 147 of the PIRD Act to omit the words, "under section
8 declaring the establishment of the Corporation" and substitute "for the purposes of
section 8".
241. The purpose of this amendment would be to avoid limiting the application of the
section.
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Item 87 Subsection 149(2)
242. This item would repeal subsection 149(2) of the PIRD Act and substitute a new
subsection 149(2).
243. New subsection 149(2) of the PIRD Act would provide that, "Before regulations are
made for the purposes of section 8 establishing a research and development
corporation, the Minister must have taken into consideration any relevant
recommendation made to the Minister by any of the organisations that, in the Minister's
opinion, will represent any of the designated primary industry sectors in relation to that
corporation upon the establishment of that corporation."
244. This amendment is consequential to the amendment that would be made by item 28 of
Schedule 2 to the Act.
Item 88 Section 150
245. This item would repeal section 150 of the PIRD Act.
246. The purpose of this amendment would be to repeal the power for the Minister to make
orders under regulations as the power is no longer required under the Act. With the
consolidation of disbursement related provisions into the proposed Disbursement Act,
the purposes for which regulations can be made under the PIRD Act will be more
limited, and all matters that need to be addressed in subordinate legislation can be dealt
with in the regulations themselves.
Renewable Energy (Electricity) Act 2000
Item 89 Subsection 5(1) (definition of Agriculture Department)
247. This item would omit "Primary Industries Levies and Charges Collection Act 1991"
from the definition of Agriculture Department in the Renewable Energy (Electricity)
Act 2000 and would substitute the new "Primary Industries Levies and Charges
Collection Act 2023".
248. This amendment is consequential to the amendment that would be made by item 22 of
Schedule 1 to the Act to repeal of the PILCC Act.
Sugar Research and Development Services (Consequential Amendments and Transitional
Provisions) Act 2013
Item 90 Item 1 of Schedule 2 (definition of industry services body)
249. This item would repeal the definition of industry services body from item 1 of
Schedule 2 to the Sugar Research and Development Services (Consequential
Amendments and Transitional Provisions) Act 2013 and substitute a new definition of
industry services body.
250. The new definition of industry services body would mean the body that was the
industry services body under the Sugar Research and Development Services Act 2013
on 31 December 2024".
251. The effect of this amendment would be to ensure that the transitional provisions of the
Sugar Research and Development Services (Consequential Amendments and
30
Transitional Provisions) Act 2013 that refer to the industry services body continue to
operate on and after the commencement of the proposed Disbursement Act.
Wine Australia Act 2013
Item 91 Subsection 4(1)
252. This item would insert a definition of designated primary industry sector in
subsection 4(1) of the Wine Australia Act.
253. The new term designated primary industry sector in relation to the Authority would
provide a reference to section 4AA of the Wine Australia Act.
254. This amendment is consequential to the amendment that would be made by item 101 of
Schedule 2 to the Act, which would insert new section 4AA to provide that certain
expressions defined in the proposed Disbursement Act apply in the Wine Australia Act.
Item 92 Subsection 4(1) (definition of funding agreement)
255. This item would amend the definition of funding agreement in subsection 4(1) of the
Wine Australia Act to omit "subsection 35(1C)" and substitute "section 42 of the
Primary Industries Levies and Charges Disbursement Act 2023".
256. The purpose of this amendment would be to ensure that terms used in the Wine
Australia Act are consistent with terms in the proposed Disbursement Act. Funding
agreement is defined in section 4 of the proposed Disbursement Act.
Item 93 Subsection 4(1) (definition of general component)
257. This item would repeal the definition of general component from subsection 4(1) of the
Wine Australia Act.
258. The definition of general component would be redundant as the amendment made by
item 102 of Schedule 2 to the Act would result in the term general component no
longer appearing in the Wine Australia Act.
Item 94 Subsection 4(1) (definition of grape or wine research and development)
259. This item would repeal the definition of grape or wine research and development from
subsection 4(1) of the Wine Australia Act and substitute a new definition .
260. The new definition would provide that "grape or wine research and development
means research and development for a designated primary industry sector in relation to
the Authority".
261. The purpose of this amendment would be to ensure that terms used in the Wine
Australia Act are consistent with terms in the proposed Disbursement Act.
Item 95 Subsection 4(1) (definition of grape or wine research and development
activity)
262. This item would repeal the definition of grape or wine research development activity
from subsection 4(1) of the Wine Australia Act and substitute a new definition.
31
263. The new definition would provide that grape or wine research development activity
means a research and development activity for a designated primary industry sector in
relation to the Authority.
264. The purpose of this amendment would be to ensure that terms used in the Wine
Australia Act are consistent with terms in the proposed Disbursement Act.
Item 96 Subsection 4(1) (definition of grapes research levy)
265. This item would omit "Schedule 13 to the Primary Industries (Excise) Levies Act
1999", and substitute "a prescribed provision of regulations made under the Primary
Industries (Excise) Levies Act 2023".
266. This amendment is consequential to the amendment that would be made by item 21 of
Schedule 1 to the Act which would repeal the PIEL Act.
Item 97 Subsection 4(1)
267. This item would insert the new definitions of research and development and research
and development activity into the Wine Australia Act.
268. These new definitions would provide a reference to section 4AA of the Wine Australia
Act.
269. This amendment is consequential to the amendment that would be made by item 101 of
Schedule 2 to the Act, which would insert new section 4AA to provide that certain
expressions defined in the proposed Disbursement Act apply in the Wine Australia Act.
Item 98 Subsection 4(1) (definition of research component)
270. This item would repeal the definition of research component from subsection 4(1) of
the Wine Australia Act.
271. The definition of research component would be redundant as the amendment made by
item 102 of Schedule 2 to the Act would result in the term research component no
longer appearing in the Wine Australia Act.
Item 99 Subsection 4(1) (definition of wine export charge)
272. This item would omit the words, "Schedule 13 to the Primary Industries (Customs)
Charges Act 1999" from subsection 4(1) of the Wine Australia Act and substitute "a
prescribed provision of regulations made under the Primary Industries (Customs)
Charges Act 2023".
273. This item is consequential to the amendment made by item 20 of Schedule 1 to the Act
which would repeal the PICC Act.
Item 100 Subsection 4(1) (definition of wine grapes levy)
274. This item would omit the words, "Schedule 26 to the Primary Industries (Excise)
Levies Act 1999" from subsection 4(1) (definition of wine grapes levy) of the Wine
32
Australia Act and substitute "a prescribed provision of regulations made under the
Primary Industries (Excise) Levies Act 2023".
275. This item is consequential to the amendment that would be made by item 21 of
Schedule 1 to the Act which would repeal the PIEL Act.
Item 101 After section 4
276. This item would insert new section 4AA in the Wine Australia Act.
277. Section 4AA would provide that "for the purposes of this Act, work out what are the
following under the definitions in Part 1 of the Primary Industries Levies and Charges
Disbursement Act 2023: (a) designated primary industry sector in relation to the
Authority; (b) research and development; (c) research and development activity".
278. A note would also be inserted after section 4AA to provide that the definitions in the
proposed Disbursement Act apply, in part, in relation to a statutory recipient body,
which includes the Authority.
279. This amendment is consequential to the commencement of the proposed Disbursement
Act and would ensure that expressions defined in that Act consistently apply to the
Wine Australia Act.
Item 102 Sections 32 to 33
280. This item would repeal sections 32 to 33 of the Wine Australia Act.
281. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act.
Item 103 Subsection 35(1)
282. This item would amend subsection 35(1) of the Wine Australia Act to omit "The" and
substitute "Subject to this section, the".
283. The effect of this amendment would be to ensure moneys of the Authority may be
applied subject to the circumstances provided under subsection 35(1).
284. This amendment is ancillary to the amendment that would be made by item 107 of
Schedule 2 to the Act which limits the application of section 35 to moneys other than
the amounts paid under the proposed Disbursement Act.
Item 104 Paragraph 35(1)(ab)
285. This item would repeal paragraph 35(1)(ab) of the Wine Australia Act.
286. This amendment is consequential to the amendment that would be made by item 102 of
Schedule 2 to the Act which repeals section 32B of the Wine Australia Act.
Item 105 Paragraph 35(1)(ac)
287. This item would omit the words "when the relevant payments are made" from
paragraph 35(1)(ac) of the Wine Australia Act.
288. This item is a technical amendment to remove redundant words.
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Item 106 Paragraph 35(1)(ad)
289. This item would repeal paragraph 35(1)(ad) of the Wine Australia Act and substitute
new paragraph 35(1)(ad).
290. New paragraph 35(1)(ad) would provide "in payment to the Commonwealth of amounts
payable under the Primary Industries Levies and Charges Disbursement Act 2023;
and."
291. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act.
Item 107 Subsection 35(1A)
292. This item would repeal subsection 35(1A) of the Wine Australia Act and substitute a
new subsection 35(1A).
293. New subsection 35(1A) would provide that "money paid to the Authority under the
Primary Industries Levies and Charges Disbursement Act 2023 may be spent by the
Authority only in accordance with that Act".
294. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act.
Item 108 Subsection 35(1B)
295. This item would amend subsection 35(1B) to omit "After 30 June 2015, the" and
substitute "The" in the Wine Australia Act.
296. This item is a technical amendment as the limitation previously provided by the date,
30 June 2015, is spent and the words are now redundant.
Item 109 Subsections 35(1C) and (1D)
297. This item would repeal subsections 35(1C) and (1D) from the Wine Australia Act.
298. The effect of this amendment would be to remove the ability of the Minister to enter
into a funding agreement with the Authority and to remove the requirement to publish a
funding agreement on the website of the Authority once made or varied.
299. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions including provisions
relating to funding agreements into that Act.
Item 110 Before subsection 35(2)
300. This item would insert the heading "No limit on investments" before subsection 35(2)
of the Wine Australia Act.
301. This item is a technical amendment to assist with the overall clarity and readability of
the legislation.
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Item 111 Section 36
302. This item would repeal section 36 from the Wine Australia Act.
303. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act.
Item 112 Division 4 of Part VIA (heading)
304. This item would repeal the heading of Division 4 of Part VIA of the Wine Australia Act
and would substitute a new heading, "Division 4 - Other matters".
305. This item is a technical amendment to more accurately describe the contents of the
Division.
Wool Services Privatisation Act 2000
Item 113 Section 7
306. This item would repeal the definitions of research body and wool levy from section 7 of
the Wool Services Privatisation Act 2000.
307. The current definition of research body means the body that is declared to be the
research body under section 30 of the Act. This amendment is consequential to the
amendment that would be made by item 114 of Schedule 2 to the Act which would
repeal Division 7 of Part 2 of the Wool Services Privatisation Act 2000.
308. The current definition of wool levy means "levy or charge that: (a) is collected under
the Primary Industries Levies and Charges Collection Act 1991; and is prescribed by
regulations under this Act."
309. The repeal of the definition of wool levy is consequential to the amendments that would
be made by item 114 of Schedule 2 to the Act as the term would no longer be used in
the Wool Services Privatisation Act 2000 and item 22 of Schedule 2 to the Act to repeal
the PILCC Act.
Item 114 Division 7 of Part 2
310. This item would repeal Division 7 of Part 2 of the Wool Services Privatisation
Act 2000.
311. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act.
Item 115 Section 33A
312. This item would repeal section 33A from the Wool Services Privatisation Act 2000.
313. This amendment is consequential to the commencement of the proposed Disbursement
Act and the consolidation of disbursement related provisions into that Act.
Item 116 Application provision--fisheries amendment
314. This item would provide that the amendment of the Fisheries Administration Act 1991
made by this Part applies in relation to the financial year beginning on 1 July 2024 or a
later financial year.
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315. The purpose of this item would be to provide a clear transition from the previous
system for calculating the amount of levy collected under the Fisheries Administration
Act 1991 that is to be paid to the Fisheries Research and Development Corporation. For
the financial year beginning on 1 July 2024, and each subsequent financial year, that
amount will be worked out under section 36 of the proposed Disbursement Act.
Item 117 Application provision--Selection Committees
316. This item would provide that the amendment of paragraph 131(2)(a) of the PIRD Act
made by this Part applies in relation to a nomination made after the commencement of
this item.
317. The purpose of this item would be to ensure that a person may be appointed to a
Research and Development Corporation under the PIRD Act if the Selection
Committee that nominated the person for appointment does so in accordance with the
criteria for making that nomination that are in force at the time of nomination.
Item 118 Transitional provision--Wine Australia
318. This item would provide that for the purposes of the operation of section 29V of the
Wine Australia Act in relation to 30 September 2025: (a) a reference to wine grapes
levy in that section is taken to be a reference to levy imposed by Schedule 26 to the
former Primary Industries (Excise) Levies Act 1999; and (b) a reference to wine export
charge in that section is taken to be a reference to charge imposed by Schedule 13 to the
former Primary Industries (Customs) Charges Act 1999.
319. The purpose of this item would be to ensure that the list prepared by the Department
after 30 September 2025 of persons liable to pay wine grapes levy or wine export
charge in the financial year ending on 30 June 2025 reflects the levy and charge
payable in that financial year.
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Part 2--Other amendments
Export Control Act 2020
Item 119 Subparagraph 372(2)(a)(ii)
320. This item would amend subparagraph 372(2)(a)(ii) of the Export Control Act 2020 to
insert the word "repealed" after the word "the".
321. This amendment is consequential to the amendment that would be made by item 2 of
Schedule 1 to of the Act which would repeal the AMLI Act.
322. The purpose of this item would be to ensure that in determining whether a person is a
fit and proper person, under section 372 of the Export Control Act 2020, the Secretary
must still have regard, after the repeal of the AMLI Act, to certain matters, including
whether the person, or an associate of the person, has been convicted of an offence
against, or ordered to pay a pecuniary penalty under that Act.
Item 120 Subparagraph 372(2)(a)(va)
323. This item would amend subparagraph 372(2)(a)(va) of the Export Control Act 2020 to
insert the word "repealed" after the word "the".
324. This amendment is consequential to the amendment made by item 22 of Schedule 1 to
the Act which would repeal the PILCC Act.
325. The purpose of this item would be to ensure that in determining whether a person is a
fit and proper person, under section 372 of the Export Control Act 2020, the Secretary
must still have regard, after the repeal of the PILCC Act, to certain matters, including
whether the person, or an associate of the person, has been convicted of an offence
against, or ordered to pay a pecuniary penalty under the PILCC Act.
Item 121 Before subparagraph 372(2)(a)(vi)
326. The item would insert new paragraph 372(2)(a)(vb) into the Export Control Act 2020 to
refer to the Primary Industries Levies and Charges Collection Act 2023.
327. The purpose of this item would be to provide that in determining whether a person is a
fit and proper person, under section 372 of the Export Control Act 2020, the Secretary
must have regard, to certain matters, including whether the person or an associate of the
person, has been convicted of an offence against, or ordered to pay a pecuniary penalty
under the proposed Collection Act.
Item 122 Subparagraph 372(2)(e)(vi)
328. This item would insert the word "repealed" after the word "the" in subparagraph
372(2)(e)(vi) of the Export Control Act 2020.
329. This amendment is consequential to the amendment that would be made by item 2 of
Schedule 1 to the Act.
330. The purpose of this item would be to ensure that in determining whether a person is a
fit and proper person, the Secretary must still have regard, after the repeal of the AMLI
37
Act, to whether an application made by the person, or an associate of the person under
that Act was refused (except in accordance with subsection 379(2) of the Export
Control Act 2020).
Inspector-General of Live Animal Exports Act 2019
Item 123 Section 5 (definition of live-stock)
331. This item would amend section 5 of the Inspector-General of Live Animal Exports
Act 2019 to repeal the definition of live-stock and substitute a new definition.
332. The new definition of live-stock would mean any of the following: (a) cattle, sheep,
goats, deer, buffalo or camelids; (b) any other animal prescribed by rules made for the
purposes of this definition; (c) the young of an animal mentioned in paragraph (a) or
(b). The current definition provides that live-stock has the same meaning as in the
Australian Meat and Live-stock Industry Act 1997. That Act would be repealed by
Schedule 1 to the Act.
333. This item would ensure consistency with the usage of the term livestock in the
Export Control Act 2020 and reflects the scope of this term within the Agriculture
Department's portfolio.
334. The proposed new definition would also align with legislative schemes within the
Agriculture Department's portfolio (in particular, the definition of livestock provided
by the Export Control (Animals) Rules 2021). The inclusion of the rule-making power
in paragraph (b) of the proposed new definition of livestock is intended to provide
appropriate flexibility to amend this definition, should the preferred scope of the term
livestock within the Agriculture Department's portfolio change in the future.
335. This amendment is contingent on items 16 and 17 of Schedule 1 to the Inspector-
General of Live Animal Exports Amendment (Animal Welfare) Bill 2023 not
commencing before 1 January 2025. Those items make a similar amendment to the
Inspector-General of Live Animal Exports Act 2019.
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Schedule 3--Application and transitional provisions--operation
of new law
336. Schedule 3 to the Act would provide for application and transitional provisions in
relation to the operation of the new law.
337. The provisions would manage the transition from the current agricultural levies
legislation to the commencement of the modernised legislation and would ensure that
existing levy and charge payers, collection agents and levy recipient bodies experience
minimal impacts and the agricultural levy system continues to operate uninterrupted
during the transitional period.
Item 1 Application provisions--consultation on rates of levies and charges
Levies
338. Subitem 1(1) would provide that subsection 27(2) of the Primary Industries (Excise)
Levies Act 2023 does not apply to the first set of regulations, made under that Act,
setting the rate of a levy in relation to a particular product or particular goods if,
immediately before the commencement of that subsection, a levy under an old levy Act
was imposed in relation to that product or those goods.
Charges
339. Subitem 1(2) would provide that subsection 24(2) of the Primary Industries (Customs)
Charges Act 2023 does not apply to the first set of regulations, made under that Act,
setting the rate of a charge in relation to a particular product or particular goods if,
immediately before the commencement of that subsection, a charge or levy under an
old charge/levy Act was imposed in relation to that product or those goods.
The purpose of subitems 1(1) and 1(2) would be to enable the first set of regulations
made under the proposed Excise and Customs Acts to be made without requiring the
consultation process specified in subsections 27(2) of the proposed Excise Act and
21(2) of the proposed Customs Act to occur.
340. This would apply to products or goods already subject to levy or charge under the old
levy Act or old charge/levy Act, and would allow these levies and charges to continue
without requiring additional consultation to occur. The establishment of levies and
charges under those Acts was subject to consultation prior to their inclusion in those
Acts. There are no changes being made to levy or charge rates in the transition to the
modernised agricultural levies legislation.
341. Further, due to extensive consultation undertaken with industry representative bodies in
2021-22 to inform the levies legislation modernisation process, and an exposure draft
process for the complete first set of draft regulations expected to occur before
commencement, further consultation to re-establish existing levies and charges is
unnecessary and would impose an unwarranted administrative burden on levied
industries.
Further rule for wool levy or wool export charge
342. Subitem 1(3) would provide that if in 2024 a poll was conducted in accordance with
section 32 of the Wool Services Privatisation Act 2000 then: (a) subsection 27(2) of the
39
Primary Industries (Excise) Levies Act 2023 does not apply to any regulations made
under that Act amending the rate of levy on wool as a result of that poll; and (b)
subsection 24(2) of the Primary Industries (Customs) Charges Act 2023 does not apply
to any regulations made under that Act amending the rate of charge on wool as a result
of that poll.
343. The purpose of subitem 1(3) is to allow any wool levy or charge rate changes that are
the result of the wool poll scheduled to occur in 2024, to be implemented under the new
legislation, without further consultation being required. This is to reflect the
administrative likelihood that the wool poll will be completed in 2024, but after the first
set of regulations are made under the proposed Excise and Customs Acts. This means
that subitems 1(1) and 1(2) would not apply if changes were required because of the
2024 wool poll. Subitem 1(3) would provide administrative certainty for the wool
industry in the transition to the modernised agricultural levies legislation.
Definitions
344. Subitem 1(4) would define old levy Act to mean
• the Primary Industries (Excise) Levies Act 1999; or
• the National Residue Survey (Excise) Levy Act 1998; or
• the Horse Disease Response Levy Act 2011.
345. Subitem 1(5) would define old charge/levy Act to mean:
• the Primary Industries (Customs) Charges Act 1999; or
• the National Residue Survey (Customs) Levy Act 1998.
Item 2 Transitional provisions--exemptions from levies and charges
346. Subitem 2(1) would provide that for the purposes of a provision of regulations under
the new Charges Act that deals with exemptions from a charge on an animal product or
a plant product (within the meaning of that Act): (a) a reference in that provision to
levy imposed on that product under a provision of regulations under the new Levies Act
is taken to include a reference to levy imposed on that product under the old Levies Act
or regulations under the old Levies Act; and (b) a reference in that provision to charge
being previously imposed on that product includes a reference to charge being
previously imposed on that product under the old Charges Act or regulations under the
old Charges Act.
347. Subitem 2(2) would provide that for the purposes of a provision of regulations under
the new Levies Act that deals with exemptions from a levy on an animal product or a
plant product (within the meaning of that Act): (a) a reference in that provision to levy
being previously imposed on that product includes a reference to levy being previously
imposed on that product under the old Levies Act or regulations under the old Levies
Act; and (b) a reference in that provision to charge being previously imposed on that
product that includes a reference to charge being previously imposed on that product
under the old Charges Act or regulations under the old Charges Act.
348. Subitem 2(3) would provide that in this item:
new Charges Act means the Primary Industries (Customs) Charges Act 2023.
new Levies Act means the Primary Industries (Excise) Levies Act 2023.
40
old Charges Act means the Primary Industries (Customs) Charges Act 1999.
old Levies Act means the Primary Industries (Excise) Levies Act 1999.
349. The purpose of subitems 2(1) and 2(2) would be to ensure that exemptions from levy or
charge that would have occurred if not for the transition to the modernised agricultural
levies legislation, are recognised in the transition between the legislative frameworks.
350. Exemptions are commonly used to ensure levy or charge is only paid once in relation to
a particular product. For example, if levy has already been imposed, there is often an
exemption from paying charge on the same product. Such arrangements would continue
under the new framework.
351. Subitems 2(1) and 2(2) would ensure that if levy or charge had already been imposed
under an old Levies or Charges Act, an exemption provided for in the proposed Excise
or Customs Acts, on the basis that levy or charge had already been imposed on that
product would continue to be a valid exemption. This would ensure that levy or charge
payers are not paying additional levy or charge because of the transition to the
modernised agricultural levies legislation.
Item 3 Application provision--liability of collection agents
352. Item 3 would provide that subsections 10(5) and (9) of the Primary Industries Levies
and Charges Collection Act 2023 apply in relation to agreements entered into before,
on or after commencement of this item.
353. The purpose of item 3 would be to provide that agreements made between a levy or
charge payer and a collection agent to collect levy or charge continue to have effect.
This is to ensure that any deductions on account of levy or charge made by a collection
agent under the old law remain effective.
354. Item 3 would also ensure any agreements entered into before the commencement of
subsection 10(9) between a levy or charge payer and a collection agent, purporting to
require the levy or charge payer to pay their own levy or charge to the Commonwealth
in exchange for the collection agent's services, remain void to that extent.
355. Subsection 10(9) of the proposed Collection Act is intended to mitigate the risk of
collection agents trying to avoid their obligations to collect levy and charge and pay
equivalent amounts to the Commonwealth under the proposed Collection Act. It would
prevent collection agents from shifting the requirement to pay levy and charge to the
Commonwealth, back onto levy and charge payers.
Item 4 Transitional provisions--exemptions from giving returns for usual return
periods
356. Subitem 4(1) would provide, if: (a) under regulations made under the Primary
Industries Levies and Charges Collection Act 1991, a person had an exemption from
lodging returns, in relation to an animal product or plant product, for usual return
periods in the last levy year for that product, being a financial year or calendar year,
that began before the commencement of this item; and (b) the person lodged a return
for that financial year or calendar year in accordance with those regulations; the
exemption is taken to also apply for the next financial year or calendar year, as the case
41
may be, for the purposes of rules made under the Primary Industries Levies and
Charges Collection Act 2023.
357. Subitem 4(2) would provide that subitem (1) does not prevent the exemption from
being revoked in accordance with rules made under the Primary Industries Levies and
Charges Collection Act 2023.
358. Subitem 4(3) would provide that in this item:
animal product has the same meaning as in the Primary Industries Levies and Charges
Collection Act 2023.
levy year has the same meaning as in the Primary Industries Levies and Charges
Collection Act 1991, as in force immediately before the commencement of this item.
plant product has the same meaning as in the Primary Industries Levies and Charges
Collection Act 2023.
quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or
1 April.
usual return period means a quarter or a calendar month.
359. The purpose of item 4 would be to minimise disruption and unwarranted administrative
burden on people who were granted exemptions from lodging monthly or quarterly
returns under the PILCC Act. The intention of item 4 is that these people would not
need to reapply for an exemption that would otherwise have continued for them if not
for the transition to the modernised agricultural levies legislation.
360. Subitem 4(2) provides that item 4 does not prevent such an exemption from being
revoked. For an exemption to be revoked it would need to happen in accordance with
rules made under the proposed Collection Act.
Item 5 Application and transitional provisions--matching payments
Matching payments to bodies other than the Fisheries Research and Development
Corporation
361. Subitem 5(1) would provide that section 23 of the Primary Industries Levies and
Charges Disbursement Act 2023 applies in relation to a relevant financial year that is
the financial year beginning on 1 July 2025 or a later financial year.
362. Subitem 5(2) would provide that for the purposes of the operation of that section,
subsection 25(3) of that Act applies whether or not any of the last three financial years
ends before or after the commencement of this item.
Matching payments to the Fisheries Research and Development Corporation
363. Subitem 5(3) would provide that sections 26 and 27 of the Primary Industries Levies
and Charges Disbursement Act 2023 apply in relation to a relevant financial year that is
the financial year beginning on 1 July 2025 or a later financial year.
42
364. Subitem 5(4) would provide that for the purposes of the operation of those sections,
subsections 29(3), 30(3), 31(3) and 32(3) of that Act apply whether or not any of the
last 3 financial years ends before or after the commencement of this item.
Carry-over amounts
365. Subitem 5(5) would provide that for the purposes of the operation of sections 23 and 24
of the Primary Industries Levies and Charges Disbursement Act 2023 in relation to a
recipient body and the relevant financial year that is the financial year beginning on
1 July 2025: (a) paragraph 24(1)(b) of that Act does not apply; but (b) the recipient
body's qualifying expenditure amount for that financial year is taken to include the
amount specified in, or worked out in accordance with, an instrument made under
subitem (6) in relation to that body.
366. Subitem 5(6) would provide that the Minister may make a notifiable instrument for the
purposes of paragraph (5)(b).
367. Subitem 5(7) would provide that if, in relation to the financial year beginning on
1 July 2024, a body is required to pay an amount to the Commonwealth under an old
repayment provision, the Commonwealth may set off the whole or a part of that amount
against a payment the Commonwealth must make under section 23 of the Primary
Industries Levies and Charges Disbursement Act 2023 to the body in relation to the
financial year beginning on 1 July 2025.
Definitions
368. Subitem 5(8) would provide definitions that apply to this item:
old repayment provision means the following:
a. subsection 66(3) of the Australian Meat and Live-stock Industry Act 1997, as in
force immediately before the commencement of this item;
b. subsection 6(4) of the Dairy Produce Act 1986, as in force immediately before the
commencement of this item;
c. subsection 8(3) of the Egg Industry Service Provision Act 2002, as in force
immediately before the commencement of this item;
d. subsection 9(4) of the Forestry Marketing and Research and Development Services
Act 2007, as in force immediately before the commencement of this item;
e. subsection 16(7A) of the Horticulture Marketing and Research and Development
Services Act 2000, as in force immediately before the commencement of this item;
f. subsection 10(8) of the Pig Industry Act 2001, as in force immediately before the
commencement of this item;
g. subsection 32(1A) of the Primary Industries Research and Development Act 1989,
as in force immediately before the commencement of this item;
h. subsection 7(4) of the Sugar Research and Development Services Act 2013, as in
force immediately before the commencement of this item;
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i. subsection 32B(2) of the Wine Australia Act 2013, as in force immediately before
the commencement of this item;
j. subsection 31(7) of the Wool Services Privatisation Act 2000, as in force
immediately before the commencement of this item.
recipient body has the same meaning as in the Primary Industries Levies and Charges
Disbursement Act 2023.
369. The purpose of subitems 5(1) and 5(3) would be to provide a clear transition from the
previous arrangements for calculating and paying matching payments to the
arrangements set out in the proposed Disbursement Act. As the amount of matching
payments is calculated for each financial year, providing that the new provisions apply
with effect from the beginning of the first financial year after commencement of the
proposed Disbursement Act enables a clear calculation of the amounts payable.
370. Subsections 25(3), 29(3), 30(3), 31(3) and 32(3) of the proposed Disbursement Act
provide that the average gross value of production amount for a financial year is
calculated by reference to the gross value of production of prescribed goods in the three
financial years immediately preceding the financial year for which the amount is being
calculated. The purpose of subitems 5(2) and 5(4) would be to clarify that, in
determining the average gross value of production amount for any of the first three
financial years after the commencement of this item, the gross value of production in
each of those preceding financial years must be taken into account even though that
preceding financial year may have occurred wholly or partly before the commencement
of this item.
371. The purpose of subitem 5(5) would be to ensure that amounts of carry-over accrued
under the previous legislation are carried forward for the purposes of the proposed
Disbursement Act. It is intended that the methodology prescribed in instruments made
under subitem 5(6) will result in the full amount accrued by each recipient body being
incorporated into the calculation for the first financial year in which section 23 of the
proposed Disbursement Act has effect. Subitem 5(6) is merely declaratory of the law
and does not prescribe a substantive exemption from the requirements of the
Legislation Act.
Item 6 Application provision--fishing levy
372. This item would provide that subsection 36(1) of the Primary Industries Levies and
Charges Disbursement Act 2023 applies in relation to the financial year beginning on
1 July 2024 and each later financial year.
373. Subsection 36(1) of the proposed Disbursement Act provides that the Commonwealth
must pay to the Fisheries Research and Development Corporation amounts worked out
in accordance with the rules. This replaces a provision in the PIRD Act, which provides
for the payment of amounts worked out in accordance with regulations under that Act.
Those regulations specify, for each financial year, a proportion of the levy imposed by
section 5 of the Fishing Levy Act 1991 as being payable to the Fisheries Research and
Development Corporation. The power to make regulations for this purpose under the
PIRD Act will cease on the commencement of item 105 of Schedule 2 on
1 January 2025. As it is anticipated that it will not be possible to determine the
appropriate proportion of the levy for the financial year beginning on 1 July 2024 until
44
after that date, it is necessary to ensure that this can be done in rules under the proposed
Disbursement Act.
Item 7 Application provision--report about National Residue Survey Special
Account
374. This item would provide that for the purposes of the operation of section 67 of the
Primary Industries Levies and Charges Disbursement Act 2023 in relation to the first
financial year ending after the day on which this item commences, the report for that
year must also include the details referred to in paragraphs 10(a) and (b) of the National
Residue Survey Administration Act 1992 (as in force immediately before the
commencement of this item) in relation to that year.
375. The purpose of this item would be to ensure that the first report under section 67 of the
proposed Disbursement Act covers the whole of the first financial year ending after the
commencement of the Act.
Item 8 Application provision--use or disclosure of protected information
376. Subitem 8(1) would provide that subsections 45(1) and (2) of the Primary Industries
Levies and Charges Collection Act 2023 apply in relation to information obtained or
generated on or after the commencement of this item.
377. The purpose of subitem 8(1) would be to provide that the offence and civil penalty
provisions under the proposed Collection Act for the unauthorised use or disclosure of
protected information by entrusted persons, apply only in relation to information
obtained or generated, and used or disclosed, on or after the commencement of this
item. That is, subsections 45(1) and (2) of the proposed Collection Act would not apply
to information obtained or generated, and used or disclosed, prior to the
commencement of this item. This has the effect of ensuring that these offence and civil
penalty provisions of the proposed Collection Act do not apply retrospectively to
information that was obtained or generated, and used or disclosed, under the PILCC or
HDRLC Acts, prior to the commencement of this subitem.
378. Subitem 8(2) would provide that subsections 81(1) and (2) of the Primary Industries
Levies and Charges Disbursement Act 2023 apply in relation to information obtained or
generated on or after the commencement of this item.
379. The purpose of subitem 8(2) is to enable offence and civil penalty provisions under the
proposed Disbursement Act to apply to the use or disclosure of information obtained or
generated for the purpose of carrying out activities under paragraph 66(1)(a) of that
Act, or administering Part 5 of that Act, after commencement.
Item 9 Transitional provisions--old levies and charge information
380. Subitem 9(1) would provide that on and after the commencement of this item, the
following information is taken to be relevant levy/charge information for the purposes
of the operation of the Primary Industries Levies and Charges Collection Act 2023: (a)
information obtained by a person under a former Collection Act or regulations under
that Act, including the operation of that Act or those regulations on or after that
commencement; or (b) information obtained or generated by a person in the course of
or for the purposes of: (i) administering, or monitoring compliance with, a former
45
Collection Act or regulations under that Act, including the operation of that Act or
those regulations on or after that commencement; or (ii) assisting another person to
administer, or monitor compliance with, a former Collection Act or regulations under
that Act, including the operation of that Act or those regulations on or after that
commencement.
381. Subitem 9(2) would provide that subsection 28(1) of the Primary Industries Levies and
Charges Collection Act 2023 applies on and after the commencement of this item as if
the following were purposes covered by that subsection: (a) administering, or
monitoring compliance with, a former Collection Act or regulations under that Act,
including the operation of that Act or those regulations on or after that commencement;
(b) assisting another person to administer, or monitor compliance with, a former
Collection Act or regulations under that Act, including the operation of that Act or
those regulations on or after that commencement.
382. Subitem 9(3) would provide that subsection 30(1) of the Primary Industries Levies and
Charges Collection Act 2023 does not apply to the use of disclosure of relevant
levy/charge information if that information: (a) is of a kind covered by paragraph
27A(1)(a), (b) or (c) of the Primary Industries Levies and Charges Collection Act 1991
(the old Act), as in force immediately before the commencement of this item; and (b)
was obtained for the purpose of it being given to an eligible recipient (within the
meaning of section 27A of the old Act) under subsection 27A(1) of the old Act for a
purpose covered by subsection 27B(1), (2), or (3) of the old Act.
383. Subitem 9(4) would provide that in this item former Collection Act means: (a) the
Primary Industries Levies and Charges Collection Act 1991, as in force immediately
before the commencement of this item; or (b) the Horse Disease Response Levy
Collection Act 2011, as in force immediately before the commencement of this item.
384. A note would explain that items 2 and 3 of Schedule 4 continue in operation the former
Collection Acts and regulations under those Act.
385. The purpose of item 9 would be to move the management of information obtained
under the PILCC and HDRLC Acts to being handled in accordance with certain
provisions of the proposed Collection Act from commencement.
386. The effect of subitem 9(1) would be that all information obtained or generated in the
course of administering the agricultural levy system, including under a former
Collection Act, would be managed under the proposed Collection Act, regardless of
whether the information was obtained under the PILCC or HDRLC Acts, or under the
proposed Collection Act. This would also make this information available for
administering the levy system and monitoring compliance after commencement of the
proposed Collection Act.
387. The effect of subitem 9(2) would be to enable subsection 28(1) of the proposed
Collection Act to be used for administering, or monitoring compliance with the PILCC
or HDRLC Acts, after commencement of the proposed Collection Act. This would
provide a single approach in relation to information from 1 January 2025, for
administering, or monitoring compliance under the agricultural levy system, regardless
46
of whether this relates to activities under the PILCC or HDRLC Acts, or the proposed
Collection Act.
388. Subitem 9(3) would have the effect of carving out from disclosure under subsection
30(1) of the proposed Collection Act, information obtained under the PILCC Act that
was specifically collected for establishing or maintaining a levy or charge payer
register. This means that regardless of whether this type of information was collected
under the PILCC Act or the proposed Collection Act, it would be handled consistently.
This is because subsection 30(2) of the proposed Collection Act provides an equivalent
exception. The effect of which is to exclude disclosure under subsection 30(1) of the
proposed Collection Act of this type of information for the purposes of administering
an Act (other than the proposed Collection and Disbursement Acts) that is administered
by the Minister.
Item 10 Remission of penalty
389. Subitem 10(1) would provide that subsection 9(5) of the Primary Industries Levies and
Charges Collection Act 2023 applies on and after the commencement of this item as if
it extended to a penalty under subsection 15(1) of the Primary Industries Levies and
Charges Collection Act 1991, or section 7 of the Horse Disease Response Levy
Collection Act 2011, before, on or after that commencement.
390. Subitem 10(2) would provide that subsection 11(5) of the Primary Industries Levies
and Charges Collection Act 2023 applies on and after the commencement of this item
as if it extended to a penalty under subsection 15(2), (3) or (4) of the Primary Industries
Levies and Charges Collection Act 1991 before, on or after that commencement.
391. Subsection 10(3) would provide that a decision of the Secretary of the Department on
or after the commencement of this item to refuse to remit a penalty referred to in
subitem 10(1) or 10(2), is taken to be a decision covered by paragraph 48(1)(a) of the
Primary Industries Levies and Charges Collection Act 2023 (about reconsideration of
decisions).
392. A note would explain that items 2 and 3 of Schedule 4 continue in operation the former
Collection Acts and regulations under those Acts.
393. The purpose of item 10 would be to transition the management of remission of penalty
from the PILCC and HDRLC Acts to the proposed Collection Act, from
1 January 2025. This would provide for consistent administration of remission of
penalty, regardless of whether the penalty being remitted was accrued under the PILCC
Act, HDRLC Act or the proposed Collection Act.
394. The effect of this item would be that remission of penalty accrued under the former
Collection Acts would need to be administered in accordance with paragraphs 9(5) and
11(5) of the proposed Collection Act.
395. Subitem 10(3) would ensure that decisions made by the Secretary of the Department
refusing to remit a penalty accrued under the PILCC or HDRLC Acts are covered by
paragraph 48(1)(a) of the proposed Collection Act. This would allow decisions made
under the application of subitems 10(1) and (2) of Schedule 3 to the Act to be
reconsidered and reviewed. This would provide for consistent administration of
reconsideration and review of decisions to remit penalty, from 1 January 2025,
47
regardless of whether the penalty was accrued under the PILCC Act, HDRLC Act or
the proposed Collection Act.
Item 11 Application provisions--compliance and enforcement
Monitoring powers
396. Subitem 11(1) would provide that section 20 of the Primary Industries Levies and
Charges Collection Act 2023 applies on and after the commencement of this item as if
subsection 20(1) of that Act also mentioned a provision of a former Collection Act or of
regulations under a former Collection Act, including the operation of that provision on
or after that commencement.
397. Note 1 would provide that the effect of this subitem is that provisions of a former
Collection Act or of regulations under a former Collection Act are subject to
monitoring on or after 1 January 2025 under the Regulatory Powers Act.
398. Note 2 would provide that items 2 and 3 of Schedule 4 continue in operation the former
Collection Acts and regulations under those Acts.
399. Subitem 11(2) would provide that section 20 of the Primary Industries Levies and
Charges Collection Act 2023 applies on and after the commencement of this item as if
subsection 20(2) of that Act also mentioned information given in compliance or
purported compliance with a provision of a former Collection Act or of regulations
under a former Collection Act, including the operation of that provision on or after that
commencement.
400. Note 1 would provide that the effect of this subitem is that information given under
provisions of a former Collection Act or of regulations under a former Collection Act is
subject to monitoring on or after 1 January 2025 under the Regulatory Powers Act.
401. Note 2 would provide that items 2 and 3 of Schedule 4 continue in operation the former
Collection Acts and regulations under those Acts.
Investigation powers
402. Subitem 11(3) would provide that section 21 of the Primary Industries Levies and
Charges Collection Act 2023 applies on and after the commencement of this item as if
subsection 21(1) of that Act also mentioned the following: (a) an offence against a
former Collection Act or regulations under a former Collection Act, including the
operation of that offence on and after that commencement; (b) an offence under the
Crimes Act 1914 or the Criminal Code that relates to a former Collection Act or
regulations under a former Collection Act.
403. Note 1 would provide that the effect of this subitem is that offences under a former
Collection Act are subject to investigation on or after 1 January 2025 under the
Regulatory Powers Act.
404. Note 2 would provide that items 2 and 3 of Schedule 4 continue in operation the former
Collection Acts and regulations under those Acts.
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Definitions
405. Subitem 11(4) would provide that in this item, former Collection Act means: (a) the
Primary Industries Levies and Charges Collection Act 1991, as in force immediately
before the commencement of this item; or (b) the Horse Disease Response Levy
Collection Act 2011, as in force immediately before the commencement of this item.
406. The purpose of item 11 would be to transition the operation of compliance and
enforcement powers relating to monitoring and investigation from the PILCC and
HDRLC Acts to the proposed Collection Act from its commencement.
407. The effect of this item would be to provide a single approach from 1 January 2025, for
monitoring and investigating of compliance under the agricultural levy system,
regardless of whether the activity was undertaken in relation to monitoring or
investigating offences under the PILCC Act, HDRLC Act or the proposed Collection
Act.
Item 12 Application provisions--information gathering
408. Item 12 would provide that section 26 of the Primary Industries Levies and Charges
Collection Act 2023 applies on and after the commencement of this item as if
subsection 26(1) of that Act also applies in relation to information or documents
relevant to the operation of a provision of a former Collection Act or of regulations
under a former Collection Act, including the operation of that provision on or after that
commencement.
409. Note 1 following item 12 would provide that the effect of this subitem is that the
Secretary can gather information or documents relevant to the operation of provisions
under a former Collection Act or of regulations under a former Collection Act on or
after 1 January 2025 under the Primary Industries Levies and Charges Collection Act
2023.
410. Note 2 would provide that items 2 and 3 of Schedule 4 continue in operation the former
Collection Acts and regulations made under those Acts.
411. Subitem 12(2) would provide that in this item former Collection Act means: (a) the
Primary Industries Levies and Charges Collection Act 1991, as in force immediately
before the commencement of this item; or (b) the Horse Disease Response Levy
Collection Act 2011, as in force immediately before the commencement of this item.
412. The purpose of item 12 would be to enable the Secretary to collect information or
documents relevant to the operation of the PILCC or HDRLC Acts, or their regulations,
using the information gathering powers set out under section 26 of the proposed
Collection Act, from its commencement.
413. The effect of this item would be to provide a single approach from 1 January 2025, for
gathering information, regardless of whether the information is relevant to the operation
49
of the PILCC Act, HDRLC Act or the proposed Collection Act, or their regulations or
rules.
Item 13 Transitional provisions--old NRS information
414. Subitem 13(1) would provide that if, before the commencement of this item,
information of a kind referred to in subsection 11(1) of the National Residue Survey
Administration Act 1992 was collected and the information is in existence immediately
before that commencement, the information is taken, on and after that commencement,
to be relevant NRS information for the purposes of the Primary Industries Levies and
Charges Disbursement Act 2023.
415. Subitem 13(2) would provide that if a person holds an approval in force under
section 11 of the National Residue Survey Administration Act 1992 immediately before
the commencement of this item, the approval continues in force (and may be dealt with)
on and after that commencement as if it were an approval granted under section 72 of
the Primary Industries Levies and Charges Disbursement Act 2023.
416. Subitem 13(3) would provide that if relevant NRS information is disclosed to the
person under subsection 72(1) of the Primary Industries Levies and Charges
Disbursement Act 2023, the approval is taken to authorise the person to use that
information for a purpose specified in the approval, as in force immediately before the
commencement of this item.
417. The purposes of this item would be to enable information collected under the National
Residue Survey Administration Act 1992 to be managed under the new information
management provisions in the proposed Disbursement Act, and to enable the continued
operation of approvals granted under section 11 of the National Residue Survey
Administration Act 1992 as if they were approvals granted under the proposed
Disbursement Act.
Item 14 Application provision--reports about recoverable payments
418. Item 14 would provide that section 87 of the Primary Industries Levies and Charges
Disbursement Act 2023 applies in relation to a financial year ending after the
commencement of this item.
419. Section 87 of the proposed Disbursement Act requires certain information relating to
payments under section 86 of the proposed Disbursement Act in a financial year to be
included in the Department's annual report for the financial year.
420. Section 86 of the proposed Disbursement Act provides for the recovery of payments
purportedly made under the proposed Disbursement Act if the Commonwealth does not
have a power to make the payment. The purpose of item 14 would be to ensure that all
payments under section 86 of the proposed Disbursement Act are reported, including
payments made in the first financial year that ends after commencement of this item.
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Schedule 4--Application, saving and transitional provisions--
operation of old law
421. Schedule 4 to the Act would set out application, saving and transitional provisions to
ensure the operation of the old law amended and repealed by Schedule 1 or 2 to the
Act.
422. The provisions would manage the transition to the commencement of the modernised
agricultural levies legislation and would ensure that levy payers, charge payers and
collection agents: experience minimal impacts and the agricultural levy system
continues to operate uninterrupted during the transitional period.
Part 1--Definitions
Item 1 Definitions
423. This item would provide a definitions section for the purposes of this Schedule to the
Act. The definitions provide that:
charge has the same meaning as in the Primary Industries Levies and Charges
Collection Act 1991, as in force immediately before the commencement of this item.
collection products has the same meaning as in the Primary Industries Levies and
Charges Collection Act 1991, as in force immediately before the commencement of
this item.
horse disease response levy means levy imposed by section 5 of the Horse Disease
Response Levy Act 2011, as in force immediately before the commencement of this
item.
levy has the same meaning as in the Primary Industries Levies and Charges
Collection Act 1991, as in force immediately before the commencement of this item.
levy year has the same meaning as in the Primary Industries Levies and Charges
Collection Act 1991, as in force immediately before the commencement of this item.
matching payments means the following:
a. payments under subsection 66(1) of the Australian Meat and Live-stock
Industry Act 1997, as in force immediately before the commencement of this
item;
b. payments referred to in paragraph 5(1)(b) of the Dairy Produce Act 1986, as in
force immediately before the commencement of this item;
c. payments referred to in paragraph 7(1)(c) of the Egg Industry Service
Provision Act 2002, as in force immediately before the commencement of this
item;
d. payments referred to in paragraph 8(1)(b) of the Forestry Marketing and
Research and Development Services Act 2007, as in force immediately before
the commencement of this item;
e. payments under subsection 16(2) of the Horticulture Marketing and Research
and Development Services Act 2000, as in force immediately before the
commencement of this item;
f. payments referred to in paragraph 9(1)(c) of the Pig Industry Act 2001, as in
force immediately before the commencement of this item;
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g. payments under paragraph 30(1)(b) or 30A(1)(b) of the Primary Industries
Research and Development Act 1989, as in force immediately before the
commencement of this item;
h. payments referred to in paragraph 6(1)(b) of the Sugar Research and
Development Services Act 2013, as in force immediately before the
commencement of this item;
i. payments under paragraph 32(ai) of the Wine Australia Act 2013, as in force
immediately before the commencement of this item;
j. payments referred to in paragraph 31(1)(b) of the Wool Services Privatisation
Act 2000, as in force immediately before the commencement of this item.
National Residue Survey Special Account means the National Residue Survey
Special Account mentioned in subsection 64(1) of the Primary Industries Levies and
Charges Disbursement Act 2023.
old disbursement law means the following:
a. the Australian Meat and Live-stock Industry Act 1997, and the regulations
under that Act, as in force immediately before the commencement of this item;
b. the Dairy Produce Act 1986, and the regulations under that Act, as in force
immediately before the commencement of this item;
c. the Egg Industry Service Provision Act 2002, as in force immediately before
the commencement of this item;
d. the Forestry Marketing and Research and Development Services Act 2007,
and the regulations under that Act, as in force immediately before the
commencement of this item;
e. the Horticulture Marketing and Research and Development Services Act 2000,
and the regulations under that Act, as in force immediately before the
commencement of this item;
f. the Pig Industry Act 2001, as in force immediately before the commencement
of this item;
g. the Primary Industries Research and Development Act 1989, and the
regulations under that Act, as in force immediately before the commencement
of this item;
h. the Sugar Research and Development Services Act 2013, as in force
immediately before the commencement of this item;
i. the Wine Australia Act 2013, as in force immediately before the
commencement of this item;
j. the Wool Services Privatisation Act 2000, and the regulations under that Act,
as in force immediately before the commencement of this item.
old horse disease response levy law means the following:
a. the Horse Disease Response Levy Act 2011, and any regulations under that
Act, as in force immediately before the commencement of this item;
b. the Horse Disease Response Levy Collection Act 2011, and any regulations
under that Act, as in force immediately before the commencement of this item.
old levy or charge law means the following:
a. the Primary Industries (Excise) Levies Act 1999, and the regulations under that
Act, as in force immediately before the commencement of this item;
b. the Primary Industries (Customs) Charges Act 1999, and the regulations under
that Act, as in force immediately before the commencement of this item;
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c. the National Residue Survey (Excise) Levy Act 1998, and the regulations under
that Act, as in force immediately before the commencement of this item;
d. the National Residue Survey (Customs) Levy Act 1998, and the regulations
under that Act, as in force immediately before the commencement of this item;
e. the Primary Industries Levies and Charges Collection Act 1991, and the
regulations under that Act, as in force immediately before the commencement
of this item.
recipient body has the meaning given by the Primary Industries Levies and Charges
Disbursement Act 2023.
Part 2--Old levies or charges
Item 2 Saving and transitional provisions--old levies or charges
424. Subitem 2(1) would provide that in relation to a levy or charge for a collection product,
the old levy or charge law continues to apply on and after the commencement of this
item in relation to that levy or charge in relation and to a levy year for that product that
began before that commencement.
425. A note would explain that this item ensures, for example, that: (a) the rights and
obligations of intermediaries under section 7 of the Primary Industries Levies and
Charges Collection Act 1991 continue to apply on and after the commencement of this
item; and (b) late payment penalty under section 15 of that Act can continue to be
remitted under section 16 of that Act on and after that commencement; and (c) amounts
can continue to be recovered by the Commonwealth under section 17 of that Act on and
after the commencement as debts due to the Commonwealth; and (d) refunds can
continue to be made under section 18 of that Act on and after the commencement; and
(e) the offence in subsection 24(1) of that Act continues to apply for a failure to give a
return under regulations under that Act before, on or after the commencement of this
item.
426. The purpose of this note is to clarify that, for example, rights and obligations of
intermediaries (colloquially known as collection agents) continue; late penalty
payments and debts under the PILCC Act can continue to be recovered by the
Commonwealth on and after commencement of this item; and that the offence relating
to a failure to give a return under regulations under that Act continues to apply before,
on or after the commencement of this item.
427. Subitem 2(2) would provide that if, in relation to such a levy or charge, the due date for
payment of the whole or a part of the levy or charge, or an amount equal to the whole
or a part of the levy or charge, is a day (other than the last day) of a calendar month
beginning on or after the commencement of this item, then the due date for that
payment is taken to be the last day of that calendar month.
428. Subitem 2(3) would provide that if, in relation to such a levy or charge, the due date for
lodging a return is a day (other than the last day) of a calendar month beginning on or
after the commencement of this item, then the due date for that return is taken to be the
last day of that calendar month.
429. Subitem 2(4) would provide that for the purposes of this item, an agreement in force
under section 10 or 11 of the Primary Industries Levies and Charges Collection
53
Act 1991 immediately before the commencement of this item continues in force under
that section on and after that commencement.
430. Subitem 2(5) would provide that this item has effect subject to Part 4 of this Schedule.
Part 4 of this Schedule provides for some matters that would modify the operation of
the old levy or charge law that would be continued in operation by item 2.
431. The purpose of item 2 would be to provide a streamlined transition to the new
collection arrangements. Subitem 2(1) would allow the old levy or charge law to
continue applying until the levy or charge it relates to commences under the
modernised framework.
432. Levies and charges would commence under the modernised framework at the start of
the first 'levy year' after the modernised framework commences. A levy year is most
commonly (but not always) either a financial or calendar year, depending on the levy or
charge.
433. For example, under the PILCC Regulations, the levy year for honey is a financial year,
meaning that on 1 January 2025, the levy year for honey would have begun before the
commencement of subitem 2(1). This means that the honey levy would continue
operating under the old levy law until 30 June 2025, and commence operating under the
proposed Excise and Collection Acts from 1 July 2025. Whereas, for a levy operating
on a calendar year, such as beef production, it would commence operating under the
proposed Excise and Collection Acts from 1 January 2025.
434. Subitems 2(2) and (3) would streamline payment and return due dates to be at the end
of the month if they would otherwise be due at a different time under the PILCC
Regulations, where they are commonly due on the 28th day of the month. Under rules
made under the proposed Collection Act, all payment and due dates would be aligned to
the end of the relevant month.
435. The effect of subitems 2(2) and (3), would be that all levies and charges would be
transitioned to the streamlined dates upon commencement of the proposed Collection
Act. This means the change would happen across all levies and charges at the same
time, even if the levy or charge is operating under the old law because of subitem 2(1).
This would minimise confusion and disruption for collection agents during the
transition and provide certainty around due dates. This is particularly important because
late payments attract a financial penalty.
436. For example, if a return for the December 2024 quarter would have been due on
28 January 2025 under the old levy or charge law, it would instead be due on
31 January 2025. This will alleviate the administrative burden by adjusting the due
dates for payments and returns so that they align, regardless of whether the levy or
charge is operating under the old levy or charge law or has transitioned to the proposed
Collection Act.
437. The purpose of subitem 2(4) would be to enable collection agreements in force under
section 10 or 11 of the PILCC Act to remain in force until the levy and/or charge the
collection agreement relates to transitions to the modernised framework.
54
Item 3 Saving provision--horse disease response levy
438. Subitem 3(1) would provide that the old horse disease response levy law continues to
apply on and after the commencement of this item in relation to horse disease response
levy imposed before that commencement.
439. Subitem 3(2) would provide that this item has effect subject to Part 4 of this Schedule.
Part 4 of this Schedule provides for some matters that would modify the operation of
the old horse disease response levy law that would be continued in operation by item 3.
440. The purpose of item 3 would be to enable the horse disease response levy to transition
to the new collection framework. Although the horse disease response levy is set to nil
at the time of writing, if activated between now and commencement of the proposed
Collection Act, item 3 would ensure it could be transitioned in an equivalent manner to
other levies and charges covered by item 2.
Item 4 Saving and transitional provisions--old disbursement law
441. Subitem 4(1) would provide in relation to a levy or charge for a collection product, the
old disbursement law continues to apply on and after the commencement of this item in
relation to that levy or charge and to a levy year for that product that began before that
commencement.
442. The purpose of subitem 4(1) would be to ensure that the old disbursement law
continues to apply in relation to levy or charge amounts collected under the old levy or
charge law (whether collected before or after commencement of this item).
443. Subitem 4(2) would provide that the old disbursement law, to the extent to which it
relates to the following: (a) matching payments to a body; (b) in connection with those
payments--payments from the body to the Commonwealth; continues to apply on and
after the commencement of this item in relation to the financial year beginning on
1 July 2024 or an earlier financial year.
444. Subitem 4(2) works with item 5 of Schedule 3 (Application and transitional provisions-
matching payments) to ensure a clear transition from the provisions of the old
disbursement law to the matching payments provisions of the proposed Disbursement
Act. The purpose of subitem 4(2) is to ensure that, matching payments, and any
connected payments from the body to the Commonwealth, in relation to the financial
year beginning on 1 July 2024 or an earlier financial year, would continue to be dealt
with under the old disbursement law.
445. Subitem 4(3) would provide that once an instrument under subitem 5(6) of Schedule 3
commences in relation to a recipient body and the financial year beginning on
1 July 2025, the Commonwealth is taken to have discharged all of its obligations to that
body under the old disbursement law in relation to matching payments to the body for
the financial year beginning on 1 July 2024 or an earlier financial year.
446. The purpose of subitem 4(3) would be to ensure that, once amounts of carry-over
accrued under the old disbursement law are carried forward for the purposes of the
proposed Disbursement Act (subitem 5(6) of Schedule 3), those amounts do not also
55
form the basis of any amounts payable under old disbursement law and no matching
payments based on the old disbursement law can be made.
447. Subitem 4(4) would provide that subitem (3) does not affect the continued operation of
any provision of the old disbursement law under which: (a) a body is required to pay an
amount to the Commonwealth; or (b) that amount is made a debt due to the
Commonwealth; or (c) that amount may be recovered by the Minister, on behalf of the
Commonwealth, by action in a court of competent jurisdiction.
448. The purpose of subitem 4(4) would be to clarify that subitem (3) does not affect the
Commonwealth's ability to recover from a recipient body any amount in connection
with matching payments to the body that the body is required to pay, is made a debt or
may be recovered by court action, under the old disbursement law.
Item 5 Saving provisions--Animal Health Australia
449. Subitem 5(1) would provide that in relation to a levy or charge for a collection product,
the Australian Animal Health Council (Live stock Industries) Funding Act 1996, as in
force immediately before the commencement of this item, continues to apply on and
after that commencement in relation to that levy or charge and to a levy year for that
product that began before that commencement.
450. The purpose of subitem 5(1) would be to ensure that the Australian Animal Health
Council (Live stock Industries) Funding Act 1996 continues to apply in relation to levy
or charge amounts collected under the old levy or charge law (whether collected before
or after commencement of this item).
451. Subitem 5(2) would provide that the Australian Animal Health Council (Live-stock
Industries) Funding Act 1996, as in force immediately before the commencement of
this item, continues to apply on and after that commencement in relation to horse
disease response levy imposed before that commencement.
452. The purpose of subitem 5(2) would be to ensure that the Australian Animal Health
Council (Live stock Industries) Funding Act 1996 continues to apply in relation to levy
amounts collected under the old horse disease response law (whether collected before
or after commencement of this item).
Item 6 Saving provision--Plant Health Australia
453. This item would provide in relation to a levy or charge for a collection product, the
Plant Health Australia (Plant Industries) Funding Act 2002, as in force immediately
before the commencement of this item, continues to apply on and after that
commencement in relation to that levy or charge and to a levy year for that product that
began before that commencement.
454. The purpose of subitem 5(1) would be to ensure that the Plant Health Australia (Plant
Industries) Funding Act 2002 continues to apply in relation to levy or charge amounts
collected under the old levy or charge law (whether collected before or after
commencement of this item).
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Part 3--National Residue Special Survey Account
Item 7 Saving and transitional provisions--National Residue Survey
Credits
455. Subitem 7(1) would provide that if an amount of levy payable under the National
Residue Survey (Customs) Levy Act 1998 or the National Residue Survey (Excise) Levy
Act 1998 is collected by or on behalf of the Commonwealth after the commencement of
this item, an amount equal to that amount of levy is to be credited to the National
Residue Survey Special Account.
456. Subitem 7(2) would provide that if an amount of penalty in connection with that levy is
collected by or on behalf of the Commonwealth after the commencement of this item,
an amount equal to that amount of penalty is to be credited to the National Residue
Survey Special Account.
457. The purpose of subitems 7(1) and (2) would be to ensure that, despite the repeal of the
National Residue Survey Administration Act 1992, levy or charge amounts collected
under the old levy or charge law (whether before or after the commencement of this
item) are credited to the National Residue Survey Special Account.
Debits
458. Subitem 7(3) would provide that subsection 8(2) of the National Residue Survey
Administration Act 1992, as in force immediately before the commencement of this
item, continues to apply on and after that commencement in relation to the National
Residue Survey Account continued in existence under the Primary Industries Levies
and Charges Disbursement Act 2023.
459. The purpose of subitem 7(3) would be to ensure that, despite the repeal of the National
Residue Survey Administration Act 1992, amounts equal to expenditure incurred by the
Commonwealth as mentioned in subsection 8(2) of that Act may be debited from the
National Residue Survey Special Account.
Release of information before commencement
460. Subitem 7(4) would provide that section 11 of the National Residue Survey
Administration Act 1992, as in force immediately before the commencement of this
item, continues to apply on and after that commencement in relation to the following:
(a) information released to a person under paragraph 11(2)(b) of that Act before that
commencement; (b) the use of that information by a person before, on or after that
commencement.
461. The purpose of subitem 7(4) is to ensure that information provided to an approved
person before commencement would be dealt with in the same manner as provided for
by the legislation in force when the information was provided.
462. Subitem 7(5) would provide that if a person holds an approval in force under section 11
of the National Residue Survey Administration Act 1992 immediately before the
commencement of this item, then for the purposes of subitem (4), and in addition to
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subitem 13(2) of Schedule 3, the approval continues in force (and may be dealt with)
under that section on and after that commencement.
463. The purpose of subitem 7(5) is to ensure continuity from the National Residue Survey
Administration Act 1992 to the proposed Disbursement Act by giving continuing effect
to actions taken under the National Residue Survey Administration Act 1992. Avoiding
the need to remake approvals that were in force immediately before the commencement
of this item also reduces administrative burden on both the Commonwealth and
approval holders.
Part 4--Some matters under the old Collection Acts
Item 8 Remission of penalty
464. Subitem 8 would provide that a decision cannot be made under section 16 of the
Primary Industries Levies and Charges Collection Act 1991 or section 8 of the Horse
Disease Response Levy Collection Act 2011, as continued in operation under item 2 or
3 of this Schedule, on or after the commencement of this item.
465. A note would explain that instead, a penalty under the Primary Industries Levies and
Charges Collection Act 1991 or the Horse Disease Response Levy Collection Act 2011
can be remitted under the Primary Industries Levies and Charges Collection Act 2023:
see item 10 of Schedule 3.
466. The purpose of item 8 would be to switch off the ability for decisions to be made about
remission of penalty under the PILCC and HDRLC Acts on and after commencement
of the proposed Collection Act. The effect of this item would mean that decisions
relating to remission of penalty would be made under the proposed Collection Act
regardless of whether the decision to remit penalty related to penalty accrued under the
PILCC Act, the HDRLC Act, or the proposed Collection Act.
Item 9 Checking compliance with Act
467. Subitem 9(1) would provide sections 19, 19A, 19B, 21 and 22 of the Primary
Industries Levies and Charges Collection Act 1991, as in force immediately before the
commencement of this item, continue to apply on and after that commencement in
relation to the following: (a) an entry to premises that occurred before that
commencement; (b) a thing seized before that commencement.
468. Subitem 9(2) would provide that premises cannot be entered under section 19 of the
Primary Industries Levies and Charges Collection Act 1991, as continued in operation
under item 2 of this Schedule, on or after the commencement of this item.
469. Subitem 9(3) would provide that Division 2 of Part 3 of the Horse Disease Response
Levy Collection Act 2011, as in force immediately before the commencement of this
item, continues to apply on and after that commencement in relation to the following:
(a) an entry to premises that occurred before that commencement; (b) a thing seized
before that commencement.
470. Subitem 9(4) would provide that premises cannot be entered under the Regulatory
Powers (Standard Provisions) Act 2014, as it relates to the Horse Disease Response
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Levy Collection Act 2011, as continued in operation under item 3 of this Schedule, on
or after the commencement of this item.
471. The note would explain that instead, compliance activities relating to the former
Primary Industries Levies and Charges Collection Act 1991 and regulations under that
Act, or the former Horse Disease Response Levy Collection Act 2011 and regulations
under that Act, can occur in accordance with provisions of the Primary Industries
Levies and Charges Collection Act 2023: see item 11 of Schedule 3.
472. The purpose of this item would be to ensure the continuity of compliance powers under
the PILCC and HDRLC Acts for the purposes of conducting compliance activities that
had begun under those Acts immediately prior to commencement. This would mean
that the exercise of powers allowing entry to premises to undertake searches, the
seizure, retaining and return of property in relation to compliance activities begun prior
to commencement would be able to continue until that activity had been completed.
473. For example, if a warrant to enter a premises had been issued, or a person had given
their consent to the search of their premises prior to commencement, that warrant or
consent would continue to have effect until the compliance activity it related to was
completed. This would also apply to any property seized as a result of that entry via
warrant or the consent to search the premises. This means these compliance activities
could continue to completion, without requiring a new warrant to be applied for or
consent obtained under the modernised framework.
474. Offences relating to obstructing an authorised person, penalties for failing to provide
reasonable assistance to an authorised person, and the issuing of identity cards to
authorised persons and subsequent responsibilities related to those cards would
continue to apply on or after commencement in so far as they relate to a compliance
activity begun prior to commencement. After commencement, any exercise of
investigation and monitoring powers relating to offences suspected to have occurred
under the PILCC or HDRLC Acts (or their regulations), would occur in accordance
with the proposed Collection Act.
Item 10 Giving of information
475. Subitem 10(1) would provide that sections 23 and 24 of the Primary Industries Levies
and Charges Collection Act 1991, as in force immediately before the commencement of
this item, continue to apply on and after that commencement in relation to a notice
given under section 23 of that Act before that commencement.
476. Subitem 10(2) would provide that a notice cannot be given under section 23 of the
Primary Industries Levies and Charges Collection Act 1991, as continued in operation
under item 2 of this Schedule, on or after the commencement of this item.
477. Subitem 10(3) would provide that sections 11 and 12 of the Horse Disease Response
Levy Collection Act 2011, as in force immediately before the commencement of this
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item, continue to apply on and after that commencement in relation to a notice given
under section 11 of that Act before that commencement.
478. Subitem 10(4) would provide that a notice cannot be given under section 11 of the
Horse Disease Response Levy Collection Act 2011, as continued in operation under
item 3 of this Schedule, on or after the commencement of this item.
479. The note following subitem 10(4) would provide that instead, a notice can be given
under subsection 26(1) of the Primary Industries Levies and Charges Collection Act
2023 to obtain information or documents relating to the former Primary Industries
Levies and Charges Collection Act 1991 and regulations under that Act or the former
Horse Disease Response Levy Collection Act 2011 and regulations under that Act: see
item 12 of Schedule 3.
480. The purpose of this item would be to ensure that where an authorised person has issued
a notice, prior to the commencement of the proposed Collection Act, requesting
information under the PILCC or HDRLC Acts, that notice and the offences under those
Acts related to failing to comply with the notice will continue to apply on and after
commencement of the proposed Collection Act. This is necessary to ensure compliance
with any notices issued prior to commencement. After commencement, any new notices
to obtain information or documents would be issued in accordance with the proposed
Collection Act, regardless of whether the notice relates to information or documents
relating to the operation of the PILCC Act, the HDRLC Act, or the proposed Collection
Act.
Item 11 Offences in relation to weighing cattle carcases
481. This item would provide that section 24A of the Primary Industries Levies and Charges
Collection Act 1991, as in force immediately before the commencement of this item,
continues to apply on and after that commencement in relation to cattle slaughtered
before that commencement.
482. The purpose of item 11 would be to ensure the cattle carcase offence under section 24A
of the PILCC Act remains enforceable and would continue to apply on and after the
commencement of the new Collection Act in relation to cattle that was slaughtered
before commencement. Returns relating to cattle slaughtered after that time would be
subject to the civil penalty provision for false or misleading information or documents
under the proposed Collection Act. This item would ensure the smooth transitioning
from the cattle-specific offence under section 24A of the PILCC Act, to the general
offence of providing false or misleading information or documents, that is provided for
under the proposed Collection Act.
Item 12 Disclosure of information
483. Subitem 12(1) would provide that section 27B of the Primary Industries Levies and
Charges Collection Act 1991, as in force immediately before the commencement of this
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item, continues to apply on and after that commencement in relation to information
given before that commencement.
484. Subitem 12(2) would provide that information cannot be given or made available under
section 27, 27A or 27C of the Primary Industries Levies and Charges Collection Act
1991 on or after the commencement of this item.
485. Subitem 12 (3) would provide that information cannot be disclosed under section 36 of
the Horse Disease Response Levy Collection Act 2011 on or after the commencement
of this item.
486. A note would explain that instead, information under the Primary Industries Levies and
Charges Collection Act 1991 or regulations under that Act, or the Horse Disease
Response Levy Collection Act 2011 or regulations under that Act, becomes relevant
levy/charge information for the purposes of the Primary Industries Levies and Charges
Collection Act 2023: see item 9 of Schedule 3. The information can then be used or
disclosed in accordance with the provisions of Part 5 of the Primary Industries Levies
and Charges Collection Act 2023.
487. The purpose of subitem 12 (1) would be to continue in operation section 27B of the
PILCC Act, as it relates to the use of information given under section 27A of that Act,
prior to commencement of the proposed Collection Act.
488. This would include the saving of any approvals given by the Secretary under
section 27B(4) of the PILCC Act. This would mean that holders of an approval
('eligible recipients') could continue disclosing information obtained under section 27A
of the PILCC Act, in accordance with such an approval. Eligible recipients would not
need to apply for a new approval under the proposed Collection Act. The provisions of
section 27B of the PILCC Act would continue to regulate the use of that information
under that approval.
489. The purpose of subitems 12(2) and 12(3) would be to ensure that any new application
for the disclosure of information gathered prior to commencement would be regulated
under the provisions of Part 5 of the proposed Collection Act. This means that after
commencement, any new approvals would be issued in accordance with the proposed
Collection Act, regardless of whether the approval relates to information gathered
under the PILCC Act, the HDRLC Act, or the proposed Collection Act. This would
provide a consistent framework for managing applications and approvals for disclosure
of information after commencement.
Item 13 Reconsideration and review of decisions
490. Subitem 13(1) would provide that section 28 of the Primary Industries Levies and
Charges Collection Act 1991, as in force immediately before the commencement of this
item, continues to apply on and after that commencement in relation to the following:
(a) a decision covered by paragraph (a) of the definition of relevant decision in
subsection 28(9) of that Act made before that commencement; (b) a decision covered
by any other paragraph of that definition made before, on or after that commencement.
491. Subitem 13(2) would provide that section 9 of the Horse Disease Response Levy
Collection Act 2011, as in force immediately before the commencement of this item,
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continues to apply on and after that commencement in relation to a decision referred to
in subsection 9(1) of that Act made before that commencement.
492. The purpose of subitem 13(1) would be to ensure that relevant decisions, such as
refusal to remit penalty, made under the PILCC Act, remain reviewable under the
provisions of the PILCC Act, on or after commencement of the proposed Collection
Act. This would allow a person who is affected by a relevant decision before
commencement of the proposed Collection Act to be able to continue to seek review of
that decision using the process for the reconsideration and review of decisions set out
under the law that existed at the time the relevant decision was made, until the decision
review process has been completed.
493. The purpose of subitem 13(2) would be to ensure an equivalent approach to that
provided by subitem 13(1), but for decisions made under the HDRLC Act to refuse to
remit all or part of a penalty accrued under that Act.
Part 5--Other provisions
Item 14 Continuing operation of certain provisions
494. Subitem 14(1) would provide that the repeal of the Egg Industry Service Provision
(Transitional and Consequential Provisions) Act 2002 by Schedule 1 does not affect
the continuing operation of any provision of the Act made or expressed to be made for
an application, saving or transitional purpose (or that makes provision consequential or
related to such a provision).
495. Subitem 14(2) would provide that for the purposes of the operation of a provision of the
Forestry Marketing and Research and Development Services (Transitional and
Consequential Provisions) Act 2007 on or after the commencement of this item, as that
provision is continued by item 2 of Schedule 5 to the Statute Law Revision (Spring
2016) Act 2016, the successor body is taken to be the first body that was declared under
the former Forestry Marketing and Research and Development Services Act 2007 as
the industry services body.
496. Subitem 14(1) would provide certainty in the event that any provision of the Egg
Industry Service Provision (Transitional and Consequential Provisions) Act 2002 is not
completely spent. Any provision of that Act that was made for an application, saving or
transitional purpose, and is capable of continuing operation, will do so despite the
repeal of that Act.
497. The Forestry Marketing and Research and Development Services (Transitional and
Consequential Provisions) Act 2007 was repealed by the Statute Law Revision (Spring
2016) Act 2016, which included a transitional provision preserving the effect of
application, saving and transitional provisions in the Forestry Marketing and Research
and Development Services (Transitional and Consequential Provisions) Act 2007 that
were not completely spent. Those application, savings and transitional provisions
operated by reference to the body that was declared under the former Forestry
Marketing and Research and Development Services Act 2007 as the industry services
body. Following the repeal of the Forestry Marketing and Research and Development
62
Services Act 2007 by Schedule 1 to the Act, there will be no industry services body
declared under that Act.
498. The purpose of subitem 14(2) is to enable the preservation of the application, saving
and transitional provisions to continue after the commencement of this item.
Item 15 Reviews of horse biosecurity response levy
499. Subitem 15(1) would provide that if levy is imposed by regulations under the Primary
Industries (Excise) Levies Act 2023 on a disposal of manufactured feed or worm
treatment, the Minister must ensure that there are two reviews under this item into
whether that levy is the most appropriate way of raising money to meet the costs of any
emergency response to a disease affecting horses.
First review
500. Subitem 15(2) would provide that the Minister must ensure that the first review is
undertaken and completed: (a) before the end of 31 December 2026, unless paragraph
(b) applies; or (b) if: (i) the rate of that levy is greater than nil on a day in 2026 and the
Minister considers that it is appropriate to delay the first review; and (ii) the rate of that
levy subsequently becomes nil; as soon as practicable after the rate of that levy so
becomes nil.
Second review
501. Subitem 15(3) would provide that the Minister must ensure that the second review is
undertaken and completed: (a) before the end of the day (the relevant day) that is the
fifth anniversary of the day the first review is completed, unless paragraph (b) applies;
or (b) if: (i) the rate of that levy is greater than nil on a day in the period of 12 months
ending at the end of the relevant day and the Minister considers that it is appropriate to
delay the second review; and (ii) the rate of that levy subsequently becomes nil; as soon
as practicable after the rate of that levy so becomes nil.
Review reports
502. Subitem 15 (4) would provide that the persons undertaking a review under this item
must give the Minister a written report of the review.
Publication
503. Subitem 15(5) would provide that the Minister must arrange for a copy of the report to
be published on the Department's website.
504. The horse disease response levy is the only agricultural levy with a legislated,
government-led review mechanism. Section 35 of the HDRLC Act provides for a five-
yearly, perpetual statutory review process, which would be repealed with the HDRLC
Act.
505. The purpose of this item would be to provide a legislative mechanism to ensure the
horse disease response levy is reviewed twice more in accordance with the review
parameters set out under section 35 of the HDRLC Act. It ensures that two reviews of
the horse disease response levy would be undertaken to determine whether a levy on
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manufactured feed and worm treatments is the most appropriate method of raising
money to meet the costs of an emergency response to a disease affecting horses.
506. Flexibility in timing for the review is provided by item 15, in case it would be
preferable for the remaining reviews to be conducted after the levy has been activated
and industry's share of the costs repaid. This means that the review would be able to
fully consider the operation of the activated levy and deliver more meaningful findings.
507. After these two statutory reviews have been completed, any further review of the
settings or operation of the levy would be a matter for the horse industry. This would be
consistent with all other levies, where responsibility for ensuring levy settings remain
fit for purpose falls to industry.
Item 16 Transitional rules
508. Subitem 16(1) would provide that the Minister may, by legislative instrument, make
rules prescribing matters of a transitional nature (including prescribing any saving or
application provisions) relating to: (a) the enactment of the Primary Industries Levies
and Charges Collection Act 2023 or the Primary Industries Levies and Charges
Disbursement Act 2023; or (b) the amendments or repeals made by Schedule 1 or 2.
509. Subitem 16(2) would provide that to avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; or
(ii) entry, search or seizure; (c) impose a tax; (d) set an amount to be appropriated from
the Consolidated Revenue Fund under an appropriation in the Act; (e) directly amend
the text of the Act.
510. Subitem 16(3) would provide that Parts 1 to 4 do not limit the rules that may be made
for the purposes of subitem 16(1).
511. The ability to make transitional rules under the proposed Act would provide necessary
flexibility for dealing with unintentional or unforeseen transitional matters that may
arise in the transition to the modernised agricultural levies legislation.
512. The rules would be subject to Parliamentary scrutiny in accordance with the
Legislation Act.
64
Attachment A
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Primary Industries (Consequential Amendments and Transitional Provisions) Bill 2023
This Bill has limited impact on human rights and 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 Bill
The Primary Industries (Consequential Amendments and Transitional Provisions) Bill 2023
(the Bill) forms part of a package of Bills to modernise the agricultural levies legislative
framework.
The Bill in combination with the following Bills, would provide the overarching legislative
framework for the national agricultural levy system:
• Primary Industries (Excise) Levies Bill 2023
• Primary Industries (Customs) Charges Bill 2023
• Primary Industries (Services) Levies Bill 2023
• Primary Industries Levies and Charges Collection Bill 2003 (Collection Bill),
and
• Primary Industries Levies and Charges Disbursement Bill 2023 (Disbursement
Bill).
The Bill would:
• repeal Acts that are, or would become, redundant upon commencement of the
modernised agricultural levies legislation
• make consequential amendments to Commonwealth legislation to reflect the repeals
of the above Acts and to support transitional arrangements for the modernised
agricultural levies legislation
• make amendments to the Primary Industries Research and Development Act 1989 and
the Wine Australia Act 2013, including by omitting provisions relating to the
disbursement of levy and charge amounts and matching funding, to reflect the
consolidation of disbursement related provisions into the proposed Disbursement Bill,
and
• set out application, savings and transitional arrangements to ensure continuity of
arrangements and minimal impacts for levy and charge payers, collection agents and
levy recipient bodies due to the repeal of the Acts and commencement of the
modernised agricultural levies legislation.
1
Human rights implications
This Bill will engage, or has the potential to engage, the following rights:
• Right to an adequate standard of living, including food, water and housing -
Article 11(1) of the International Covenant on Economic, Social and Cultural
Rights (ICESCR)
• Right to health - Article 12(1) of the ICESCR
• Right to work- Article 6 of the ICESCR
• Right to protection from arbitrary interference with privacy - Article 17 of the
International Covenant on Civil and Political Rights (ICCPR)
• Right to a fair trial and fair hearing rights - Article 14(1) of the ICCPR
• Right to the presumption of innocence - Article 14(2) of the ICCPR
• Right not to be tried or punished again for an offence for which a person has
already been finally convicted or acquitted - Article 14(7) of the ICCPR
The Bill does not alter the engagement with these rights from the considerations discussed in
the Explanatory Memoranda to the Bills listed above. For an analysis for the human rights
implications of the modernised legislation package as a whole, the Explanatory Memoranda
for the above Bills should be referred to.
Right to work
While Article 6 of the ICESCR proclaims the right to work in a general sense, Article 7 of the
ICESCR explicitly develops the individual dimension of the right to work through the
recognition in Article 7 of the right of everyone to the enjoyment of just and favourable
conditions of work.
In particular, just and favourable conditions envisage/include remuneration which provides
all workers, as a minimum, with fair wages and equal remuneration for work of equal value
without distinction of any kind, in particular women being guaranteed conditions of work not
inferior to those enjoyed by men, with equal pay for equal work; a decent living for
themselves and their families; safe and healthy working conditions; equal opportunity for
promotion to an appropriate higher level, subject to no considerations other than those of
seniority and competence; and rest, leisure and reasonable limitation of working hours and
periodic holidays with pay, as well as remuneration for public holidays.
To the extent that subitem 14(2) of Part 5 of Schedule 4 to the Bill may engage the right to
the enjoyment of just and favourable conditions of work relating to the transfer of assets,
liabilities and employment arrangement as the provision provides for the continued operation
of the Forestry and Research and Development Services (Transitional and Consequential
Amendments) Act 2007, repealed by the Statute Law Revision (Spring 2016) Act 2016, which
dealt with the transition from the ceased Forest and Wood Products Research and
Development Corporation and transition to its successor organisation - Forest and Wood
Products Australia (the first body declared under the former Forestry Marketing and
Research and Development Services Act 2007 as the industry services body). Subitem 85(2)
will provide certainty, particularly relating to leave entitlements, in the event that the effect of
the operation of provisions in Forestry and Research and Development Services (Transitional
and Consequential Amendments) Act 2007 are not completely spent.
Right to protection from arbitrary interference with privacy
Article 17 of the ICCPR prohibits arbitrary interference with an individual's privacy, family,
home or correspondence, and protects a person's honour and reputation from unlawful
2
attacks. The right to privacy includes respect for informational privacy and is engaged by any
provisions which permit the disclosure of personal information. According to the
Parliamentary Joint Committee on Huma Rights (PJCHR) Guide to Human Rights, the right
to privacy includes: the right to respect for confidential and private information, particularly
the storing, use and sharing of such information, and the right to control dissemination of
information about one's private life.
For an interference with the right to privacy to be permissible, the interference must be
authorised by law, be for a reason consistent with the ICCPR and be reasonable in the
particular circumstances. The UN Human Rights Committee has interpreted the requirement
of "reasonableness" to imply that any interference with privacy must be proportional to the
end sought and be necessary in the circumstances of any given case. It has been interpreted
the term "unlawful" to mean that no interference can take place except in cases envisaged by
a law which complies with the provisions, aim and objectives of the ICCPR. The UN Human
Rights Committee has also indicated that an interference will not be considered to be
"arbitrary" if it is provided for by law and is in accordance with the provisions, aims and
objectives of the ICCPR and is reasonable in the particular circumstances.
Part 5 of the Collection Act would regulate the use and disclosure of personal and sensitive
information obtained by the Department under item 9 of Schedule 3 and item 12 of
Schedule 4 to the Bill.
For example, subitem 9(1) would engage with the Article 17 right to protection from
unlawful or arbitrary interference with privacy as it would ensure that information obtained
or generated in the course of administering the agricultural levy system would be managed
under the proposed Collection Act regardless of whether it was obtained under the Primary
Industries Levies and Charges Collection Act 1991 or the Horse Disease Response Levy
Collection Act 2011, or the proposed Collection Act.
Subitem 9(2) would enable subsection 28(1) of the proposed Collection Act to authorise an
entrusted person to use or disclose information for a range of purposes relevant to levy
system, including to administer or monitor compliance, or assist another person to administer
or monitor compliance, with the Primary Industries Levies and Charges Collection Act 1991
(PILCC) or the Horse Disease Response Levy Act 2011 after commencement of the proposed
Collection Act.
Subitem 9(3) would have the effect of carving out disclosure of information obtained under
the PILCC Act that was specifically collected for establishing or maintaining a levy or charge
payer register under subsection 30(1) of the proposed Collection Act.
For example, item 12 would ensure that any new application for disclosure of information
gathered prior to commencement of the proposed Collection Act would be regulated by Part 5
of the proposed Collection Act. This would provide a consistent framework for managing
applications and approvals for disclosure of information.
Under Part 5 of the proposed Collection Act these forms of use and disclosure are appropriate
as they are for proper legal purposes and in furtherance of the clear policy objective by
enabling the department to carry out its functions in terms of levy administration and support
and underpin compliance and law enforcement activities.
The Bill engages the right to protection from arbitrary interference with privacy under Article
17 of the ICCPR. Given the proper legal purposes for which use or disclosure of protected
information and levy/charge information is permitted, and the strong prohibition against
unauthorised use or disclosure of such information under the Bill and by extension, the
3
proposed Collection Act ensures that the privacy of individual levy payers and other persons
whose personal information is a subset of this information is protected, any limitation of the
right to freedom from interference with privacy is proportionate and is reasonable and
necessary in the circumstances and is therefore consistent with the ICCPR.
Conclusion
This Bill is compatible with the human rights outline above because to the extent that it may
operate to limit these rights, the limitations are reasonable, necessary and proportionate to
achieve legitimate objectives.
(Circulated by authority of the Minister for Agriculture, Fisheries and Forestry,
Senator the Hon. Murray Watt)
4