Other matters
Division 4 Other matters
Wool Services Privatisation Act 2000
113 Section 7
Repeal the following definitions:
definition of research body;
definition of wool levy.
114 Division 7 of Part 2
Repeal the Division.
115 Section 33A
Repeal the section.
116 Application provision—fisheries amendment
The amendment of the Fisheries Administration Act 1991 made by this Part applies in relation to the financial year beginning on 1 July 2024 and each later financial year.
117 Application provision—Selection Committees
The amendment of paragraph 131(2)(a) of the Primary Industries Research and Development Act 1989 made by this Part applies in relation to a nomination made on or after the commencement of this item.
118 Transitional provision—Wine Australia
For the purposes of the operation of section 29V of the Wine Australia Act 2013 in relation to 30 September 2025:
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
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.
Part 2—Other amendments
Export Control Act 2020
119 Subparagraph 372(2)(a)(ii)
After “the”, insert “repealed”.
120 Subparagraph 372(2)(a)(va)
After “the”, insert “repealed”.
121 Before subparagraph 372(2)(a)(vi)
Insert:
the Primary Industries Levies and Charges Collection Act 2024;
122 Subparagraph 372(2)(e)(vi)
After “the”, insert “repealed”.
Inspector‑General of Live Animal Exports Act 2019
123 Section 5 (definition of live‑stock)
Repeal the definition, substitute:
live‑stock means any of the following:
cattle, sheep, goats, deer, buffalo or camelids;
any other animal prescribed by rules made for the purposes of this definition;
the young of an animal mentioned in paragraph (a) or (b).
Schedule 3—Application and transitional provisions—operation of new law
1 Application provisions—consultation on rates of levies and charges
Levies
Subsection 27(2) of the Primary Industries (Excise) Levies Act 2024 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
Subsection 24(2) of the Primary Industries (Customs) Charges Act 2024 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.
Further rule for wool levy or wool export charge
If in 2024 a poll was conducted in accordance with section 32 of the Wool Services Privatisation Act 2000, then:
subsection 27(2) of the Primary Industries (Excise) Levies Act 2024 does not apply to any regulations made under that Act amending the rate of levy on wool as a result of that poll; and
subsection 24(2) of the Primary Industries (Customs) Charges Act 2024 does not apply to any regulations made under that Act amending the rate of charge on wool as a result of that poll.
Definitions
An old levy Act is:
the Primary Industries (Excise) Levies Act 1999; or
the National Residue Survey (Excise) Levy Act 1998; or
the Horse Disease Response Levy Act 2011.
An old charge/levy Act is:
the Primary Industries (Customs) Charges Act 1999; or
the National Residue Survey (Customs) Levy Act 1998.
2 Transitional provisions—exemptions from levies and charges
For the purposes of a provision of regulations under the new Charges Act that deals with exemptions from a charge on an animal product (within the meaning of that Act) or a plant product (within the meaning of that Act):
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
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.
For the purposes of a provision of regulations under the new Levies Act that deals with exemptions from a levy on an animal product (within the meaning of that Act) or a plant product (within the meaning of that Act):
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
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.
In this item:
new Charges Act means the Primary Industries (Customs) Charges Act 2022.
new Levies Act means the Primary Industries (Excise) Levies Act 2024.
old Charges Act means the Primary Industries (Customs) Charges Act 1999.
old Levies Act means the Primary Industries (Excise) Levies Act 1999.
3 Application provision—liability of collection agents
Subsections 10(5) and (9) of the Primary Industries Levies and Charges Collection Act 2024 apply in relation to agreements entered into before, on or after the commencement of this item.
4 Transitional provisions—exemptions from giving returns for usual return periods
If:
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
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 may be, for the purposes of rules made under the Primary Industries Levies and Charges Collection Act 2024.
Subitem (1) does not prevent the exemption from being revoked in accordance with rules made under the Primary Industries Levies and Charges Collection Act 2024.
In this item:
animal product has the same meaning as in the Primary Industries Levies and Charges Collection Act 2024.
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 2024.
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.
5 Application and transitional provisions—matching payments
Matching payments to bodies other than the Fisheries Research and Development Corporation
Section 23 of the Primary Industries Levies and Charges Disbursement Act 2024 applies in relation to a relevant financial year that is the financial year beginning on 1 July 2025 or a later financial year.
For the purposes of the operation of that section, subsection 25(3) of that Act applies whether or not any of the last 3 financial years ends before or after the commencement of this item.
Matching payments to the Fisheries Research and Development Corporation
Sections 26 and 27 of the Primary Industries Levies and Charges Disbursement Act 2024 apply in relation to a relevant financial year that is the financial year beginning on 1 July 2025 or a later financial year.
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
For the purposes of the operation of sections 23 and 24 of the Primary Industries Levies and Charges Disbursement Act 2024 in relation to a recipient body and the relevant financial year that is the financial year beginning on 1 July 2025:
paragraph 24(1)(b) of that Act does not apply; but
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.
The Minister may make a notifiable instrument for the purposes of paragraph (5)(b).
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 2024 to the body in relation to the financial year beginning on 1 July 2025.
Definitions
In this item:
old repayment provision means the following:
subsection 66(3) of the Australian Meat and Live‑stock Industry Act 1997, as in force immediately before the commencement of this item;
subsection 6(4) of the Dairy Produce Act 1986, as in force immediately before the commencement of this item;
subsection 8(3) of the Egg Industry Service Provision Act 2002, as in force immediately before the commencement of this item;
subsection 9(4) of the Forestry Marketing and Research and Development Services Act 2007, as in force immediately before the commencement of this item;
subsection 16(7A) of the Horticulture Marketing and Research and Development Services Act 2000, as in force immediately before the commencement of this item;
subsection 10(8) of the Pig Industry Act 2001, as in force immediately before the commencement of this item;
subsection 32(1A) of the Primary Industries Research and Development Act 1989, as in force immediately before the commencement of this item;
subsection 7(4) of the Sugar Research and Development Services Act 2013, as in force immediately before the commencement of this item;
subsection 32B(2) of the Wine Australia Act 2013, as in force immediately before the commencement of this item;
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 2024.
6 Application provision—fishing levy
Subsection 36(1) of the Primary Industries Levies and Charges Disbursement Act 2024 applies in relation to the financial year beginning on 1 July 2024 and each later financial year.
7 Application provision—report about National Residue Survey Special Account
For the purposes of the operation of section 67 of the Primary Industries Levies and Charges Disbursement Act 2024 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.
8 Application provision—use or disclosure of protected information
Subsections 45(1) and (2) of the Primary Industries Levies and Charges Collection Act 2024 apply in relation to information obtained or generated on or after the commencement of this item.
Subsections 81(1) and (2) of the Primary Industries Levies and Charges Disbursement Act 2024 apply in relation to information obtained or generated on or after the commencement of this item.
9 Transitional provisions—old levies and charge information
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 2024:
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;
information obtained or generated by a person in the course of or for the purposes of:
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; or
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.
Subsection 28(1) of the Primary Industries Levies and Charges Collection Act 2024 applies on and after the commencement of this item as if the following were purposes covered by that subsection:
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;
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.
Subsection 30(1) of the Primary Industries Levies and Charges Collection Act 2024 does not apply to the use or disclosure of relevant levy/charge information if that information:
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
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.
In this item:
former Collection Act means:
the Primary Industries Levies and Charges Collection Act 1991, as in force immediately before the commencement of this item; or
the Horse Disease Response Levy Collection Act 2011, as in force immediately before the commencement of this item.
Items 2 and 3 of Schedule 4 continue in operation the former Collection Acts and regulations under those Acts.
10 Remission of penalty
Subsection 9(5) of the Primary Industries Levies and Charges Collection Act 2024 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.
Subsection 11(5) of the Primary Industries Levies and Charges Collection Act 2024 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.
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 (1) or (2) of this item is taken to be a decision covered by paragraph 48(1)(a) of the Primary Industries Levies and Charges Collection Act 2024 (about reconsideration of decisions).
Items 2 and 3 of Schedule 4 continue in operation the former Primary Industries Levies and Charges Collection Act 1991 and the Horse Disease Response Levy Collection Act 2011.
11 Application provisions—compliance and enforcement
Monitoring powers
Section 20 of the Primary Industries Levies and Charges Collection Act 2024 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.
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 (Standard Provisions) Act 2014.
Items 2 and 3 of Schedule 4 continue in operation the former Collection Acts and regulations under those Acts.
Section 20 of the Primary Industries Levies and Charges Collection Act 2024 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.
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 (Standard Provisions) Act 2014.
Items 2 and 3 of Schedule 4 continue in operation the former Collection Acts and regulations under those Acts.
Investigation powers
Section 21 of the Primary Industries Levies and Charges Collection Act 2024 applies on and after the commencement of this item as if subsection 21(1) of that Act also mentioned the following:
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;
an offence against the Crimes Act 1914 or the Criminal Code that relates to a former Collection Act or regulations under a former Collection Act.
The effect of this subitem is that offences under a former Collection Act or regulations under a former Collection Act are subject to investigation on or after 1 January 2025 under the Regulatory Powers (Standard Provisions) Act 2014.
Items 2 and 3 of Schedule 4 continue in operation the former Collection Acts and regulations under those Acts.
Definitions
In this item:
former Collection Act means:
the Primary Industries Levies and Charges Collection Act 1991, as in force immediately before the commencement of this item; or
the Horse Disease Response Levy Collection Act 2011, as in force immediately before the commencement of this item.
12 Application provisions—information gathering
Section 26 of the Primary Industries Levies and Charges Collection Act 2024 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.
The effect of this subitem is that the Secretary can gather information or documents relevant to the operation of provisions of 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 2024.
Items 2 and 3 of Schedule 4 continue in operation the former Collection Acts and regulations under those Acts.
In this item:
former Collection Act means:
the Primary Industries Levies and Charges Collection Act 1991, as in force immediately before the commencement of this item; or
the Horse Disease Response Levy Collection Act 2011, as in force immediately before the commencement of this item.
13 Transitional provisions—old NRS information
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 2024.
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 2024.
If relevant NRS information is disclosed to the person under subsection 72(1) of the Primary Industries Levies and Charges Disbursement Act 2024, 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.
14 Application provision—reports about recoverable payments
Section 87 of the Primary Industries Levies and Charges Disbursement Act 2024 applies in relation to a financial year ending after the commencement of this item.
Schedule 4—Application, saving and transitional provisions—operation of old law
Part 1—Definitions
1 Definitions
In this Schedule:
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:
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;
payments referred to in paragraph 5(1)(b) of the Dairy Produce Act 1986, as in force immediately before the commencement of this item;
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;
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;
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;
payments referred to in paragraph 9(1)(c) of the Pig Industry Act 2001, as in force immediately before the commencement of this item;
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;
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;
payments under paragraph 32(ai) of the Wine Australia Act 2013, as in force immediately before the commencement of this item;
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 2024.
old disbursement law means the following:
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;
the Dairy Produce Act 1986, and the regulations under that Act, as in force immediately before the commencement of this item;
the Egg Industry Service Provision Act 2002, as in force immediately before the commencement of this item;
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;
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;
the Pig Industry Act 2001, as in force immediately before the commencement of this item;
the Primary Industries Research and Development Act 1989, and the regulations under that Act, as in force immediately before the commencement of this item;
the Sugar Research and Development Services Act 2013, as in force immediately before the commencement of this item;
the Wine Australia Act 2013, as in force immediately before the commencement of this item;
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:
the Horse Disease Response Levy Act 2011, and any regulations under that Act, as in force immediately before the commencement of this item;
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:
the Primary Industries (Excise) Levies Act 1999, and the regulations under that Act, as in force immediately before the commencement of this item;
the Primary Industries (Customs) Charges Act 1999, and the regulations under that Act, as in force immediately before the commencement of this item;
the National Residue Survey (Excise) Levy Act 1998, and the regulations under that Act, as in force immediately before the commencement of this item;
the National Residue Survey (Customs) Levy Act 1998, and the regulations under that Act, as in force immediately before the commencement of this item;
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 2024.
Part 2—Old levies or charges
2 Saving and transitional provisions—old levies or charges
Subject to this item, 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 and to a levy year for that product that began before that commencement.
This item ensures, for example, that:
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
late payment penalty can continue to apply under section 15 of that Act on and after that commencement; and
amounts can continue to be recovered by the Commonwealth under section 17 of that Act on and after that commencement as debts due to the Commonwealth; and
refunds can continue to be made under section 18 of that Act on and after that commencement; and
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 that commencement.
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.
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.
For the purposes of this item, an agreement in force under section 10 or 11 of the Primary Industries Levies and Charges Collection Act 1991 immediately before the commencement of this item continues in force under that section on and after that commencement.
This item has effect subject to Part 4 of this Schedule.
3 Saving provision—horse disease response levy
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.
This item has effect subject to Part 4 of this Schedule.
4 Saving and transitional provisions—old disbursement law
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.
The old disbursement law, to the extent to which it relates to the following:
matching payments to a body;
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.
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.
Subitem (3) does not affect the continued operation of any provision of the old disbursement law under which:
a body is required to pay an amount to the Commonwealth; or
that amount is made a debt due to the Commonwealth; or
that amount may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.
5 Saving provisions—Animal Health Australia
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.
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.
6 Saving provision—Plant Health Australia
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.
Part 3—National Residue Survey Special Account
7 Saving and transitional provisions—National Residue Survey
Credits
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.
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.
Debits
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 2024.
Release of information before commencement
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:
information released to a person under paragraph 11(2)(b) of that Act before that commencement;
the use of that information by a person before, on or after that commencement.
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 subitem 13(2) of Schedule 3, the approval continues in force (and may be dealt with) under that section on and after that commencement.
Part 4—Some matters under the old Collection Acts
8 Remission of penalty
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.
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 2024: see item 10 of Schedule 3.
9 Checking compliance with Act
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:
an entry to premises that occurred before that commencement;
a thing seized before that commencement.
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.
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:
an entry to premises that occurred before that commencement;
a thing seized before that commencement.
Premises cannot be entered under the Regulatory Powers (Standard Provisions) Act 2014, as it relates to 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.
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 2024: see item 11 of Schedule 3.
10 Giving of information
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.
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.
Sections 11 and 12 of the Horse Disease Response Levy Collection Act 2011, 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 11 of that Act before that commencement.
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.
Instead, a notice can be given under subsection 26(1) of the Primary Industries Levies and Charges Collection Act 2024 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.
11 Offences in relation to weighing cattle carcases
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.
12 Disclosure of information
Section 27B 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 information given before that commencement or to an approval given under that section before that commencement.
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.
Information cannot be disclosed under section 36 of the Horse Disease Response Levy Collection Act 2011 on or after the commencement of this item.
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 2024: 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 2024.
13 Reconsideration and review of decisions
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 decision covered by paragraph (a) of the definition of relevant decision in subsection 28(9) of that Act made before that commencement;
a decision covered by any other paragraph of that definition made before, on or after that commencement.
Section 9 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 a decision referred to in subsection 9(1) of that Act made before that commencement.
Part 5—Other provisions
14 Continuing operation of certain provisions
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 that 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).
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.
15 Reviews of horse biosecurity response levy
If levy is imposed by regulations under the Primary Industries (Excise) Levies Act 2024 on a disposal of manufactured feed or worm treatment, the Minister must ensure that there are 2 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
The Minister must ensure that the first review is undertaken and completed:
before the end of 31 December 2026, unless paragraph (b) applies; or
if:
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
the rate of that levy subsequently becomes nil;
as soon as practicable after the rate of that levy so becomes nil.
Second review
The Minister must ensure that the second review is undertaken and completed:
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
if:
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
the rate of that levy subsequently becomes nil;
as soon as practicable after the rate of that levy so becomes nil.
Review reports
The persons undertaking a review under this item must give the Minister a written report of the review.
Publication
The Minister must arrange for a copy of the report to be published on the Department’s website.
16 Transitional rules
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:
the enactment of the Primary Industries Levies and Charges Collection Act 2024 or the Primary Industries Levies and Charges Disbursement Act 2024; or
the amendments or repeals made by Schedule 1 or 2 to this Act.
To avoid doubt, the rules may not do the following:
create an offence or civil penalty;
provide powers of:
arrest or detention; or
entry, search or seizure;
impose a tax;
set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
directly amend the text of this Act.
Parts 1 to 4 do not limit the rules that may be made for the purposes of subitem (1).
[Minister’s second reading speech made in—
House of Representatives on 18 October 2023
Senate on 16 November 2023]
(128/23)
This Act’s bill:Explanatory memorandumSecond reading speech
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