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2013-2014 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT (DAIRY PRODUCE) BILL 2014 EXPLANATORY MEMORANDUM (Circulated by authority of the Minister for Agriculture, the Hon. Barnaby Joyce MP)PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT (DAIRY PRODUCE) BILL 2014 General Outline The Primary Industries (Excise) Levies Amendment (Dairy Produce) Bill 2014 will amend the Primary Industries (Excise) Levies Act 1999 to enable the dairy industry to continue to meet its obligations in relation to its Animal Health Australia annual membership and other animal health and welfare initiatives. The amendments to the Primary Industries (Excise) Levies Act 1999 increase the maximum rates (caps) of the Australian Animal Health Council levies on dairy produce from 0.058 to 0.145 of a cent per kilogram of milk fat and from 0.13850 to 0.34625 of a cent per kilogram of protein. The current operative levies are equivalent to the current cap rates. The levies are payable by the producer of the relevant dairy produce and are collected by the Commonwealth for disbursement to Animal Health Australia, as provided for under the Australian Animal Health Council (Live-stock Industries) Funding Act 1996. Australian Dairy Farmers Limited, the national representative body for the dairy industry, has requested the amendments. Australian Dairy Farmers Limited is also party to the Emergency Animal Disease Response Agreement. This Bill will allow the dairy industry to meet requirements of being a signatory to this Agreement, including the ability to meet its obligations in the event of an emergency response and where a nationally cost-shared response has been agreed. Financial Impact Statement The proposed amendments to the Primary Industries (Excise) Levies Act 1999 have no financial impact on the Commonwealth or the dairy industry. The Bill will not increase the operative rate paid by industry members and does not impose a financial burden on dairy farmers. Any increase to the operative rate requires a case to be put forward by industry, demonstrating widespread industry consultation and strong industry support in accordance with Australian Government Levy Principles and Guidelines. Statement of Compatibility with Human Rights Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 Primary Industries (Excise) Levies Amendment (Dairy Produce) Bill 2014 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. Overview of the Bill The amendments to the Primary Industries (Excise) Levies Act 1999 increases the maximum rates (caps) of the Australian Animal Health Council levies on dairy produce from 0.058 to 0.145 of a cent per kilogram of milk fat and from 0.13850 to 2
0.34625 of a cent per kilogram of protein. The current operative levies are equivalent to the current cap rates. The purpose of the proposed levy cap increases is to enable the future increase of the operative levies. The levies are payable by the producer of the relevant dairy produce. Human rights implications This Bill does not engage any of the applicable rights or freedoms. Conclusion This Bill is compatible with human rights as it does not raise any human rights issues. The Hon. Barnaby Joyce MP Minister for Agriculture 3
Notes on clauses Clause 1 Short title This clause provides for the short title of the Act to be the Primary Industries (Excise) Levies Amendment (Dairy Produce) Act 2014. Clause 2 Commencement This clause provides for the Act to commence on the day it receives the Royal Assent. Clause 3 Schedule(s) This clause provides that the Primary Industries (Excise) Levies Act 1999 is amended as set out in Schedule 1. Schedule 1-Amendments Primary Industries (Excise) Levies Act 1999 Item 1 amends Clause 11 of Schedule 6 (table item 6) This item increases the maximum rate (cap) of the Australian Animal Health Council levy from 0.058 to 0.145 of a cent per kilogram of milk fat. Item 2 amends Clause 12 of Schedule 6 (table item 6) This item increases the maximum rate (cap) of the Australian Animal Health Council levy from 0.13850 to 0.34625 of a cent per kilogram of protein. The operative rate is set in accordance with the Primary Industries (Excise) Levies Regulations 1999 and is located in Schedule 6 of those Regulations. 4