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This Act is the Primary Industries (Customs) Charges Act 2024.
Each provision of this 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.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | 1 January 2025. | 1 January 2025 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
This Act authorises the regulations to:
impose charges in relation to animal products, plant products, fungus products or algal products that are produce of a primary industry; and
impose charges in relation to goods that are of a kind consumed by, or used in the maintenance or treatment of, animals, plants, fungi or algae.
In addition to imposing a particular charge, the regulations are to set out:
any exemptions from the charge; and
the rate of the charge; and
the person who is liable to pay the charge (the charge payer).
In this Act:
algae means macroalgae, microalgae or cyanobacteria, and includes seaweeds.
algal product means:
an alga; or
any part of an alga; or
anything produced by an alga; or
anything wholly or principally produced from, or wholly or principally derived from, an alga.
animal means any member, alive or dead, of the animal kingdom (other than a human being).
animal product means:
an animal; or
any part of an animal; or
anything produced by an animal; or
anything wholly or principally produced from, or wholly or principally derived from, an animal.
aquaculture means propagating, rearing, keeping or breeding aquatic vertebrates or aquatic invertebrates.
charge means a charge imposed by regulations made for the purposes of Part 2 or 3.
fishing means the catching, capturing or harvesting of aquatic vertebrates or aquatic invertebrates.
forest operations means the growing, harvesting or processing of wood.
fungus means any member, alive or dead, of the fungi kingdom, and includes yeasts, mushrooms and truffles.
fungus product means:
a fungus; or
any part of a fungus; or
anything produced by a fungus; or
anything wholly or principally produced from, or wholly or principally derived from, a fungus.
nominated industry representative body means a body determined to be a nominated industry representative body by an instrument in force under subsection 20(1).
nominated polling body means a body determined to be a nominated polling body by an instrument in force under subsection 20(6).
plant means any member, alive or dead, of the plant kingdom.
plant product means:
a plant; or
any part of a plant; or
anything produced by a plant; or
anything wholly or principally produced from, or wholly or principally derived from, a plant.
produce of a primary industry means products that result from any of the following:
agriculture or the cultivation of land;
the maintenance of animals for commercial purposes;
soilless growing systems, including hydroponics, aeroponics and aquaponics;
controlled environment cropping, including vertical farming, indoor farming and protected cropping;
forest operations;
fishing;
aquaculture;
hunting or trapping;
picking or harvesting from the wild;
horticulture;
viticulture;
the cultivation of fungi or algae;
any other primary industry activity.
product means an animal product, a plant product, a fungus product or an algal product (whether or not any operations have been performed in relation to the product).
property of any kind belonging to a State: see subsection 18(2).
Secretary means the Secretary of the Department.
This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.
Subject to subsection (2), this Act and the regulations do not extend to the external Territories.
The regulations may extend this Act, and any provisions of the regulations, to an external Territory that is prescribed by the regulations.
Each charge does not apply to products or goods exported to an external Territory.
The regulations may impose a charge in relation to one or more specified products in the circumstances prescribed by the regulations.
Products may be specified by name, by inclusion in a specified class, or in any other way.
The products must be produce of a primary industry.
Minister to be satisfied of matters
Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the imposition of the charge will result in one or more of the following:
expenditure on the marketing, advertising or promotion of products of one or more primary industries;
expenditure on research and development activities for the benefit of one or more primary industries;
expenditure on activities, including biosecurity activities, relating to the promotion or maintenance of the health of plants, animals, fungi or algae;
expenditure on matters relating to a biosecurity response;
expenditure on activities relating to the National Residue Survey;
expenditure:
on any other activity prescribed by the regulations in relation to one or more primary industries; and
for the benefit of one or more primary industries.
Duty of customs
This section authorises the imposition of a charge only so far as the charge is a duty of customs within the meaning of section 55 of the Constitution.
This Part does not prevent the imposition of 2 or more charges, whether in relation to the same products or in relation to different products.
The regulations may provide for exemptions from a charge under this Part.
The regulations may impose a charge in relation to one or more specified goods:
that are of a kind consumed by, or used in the maintenance or treatment of, animals, plants, fungi or algae; and
in the circumstances prescribed by the regulations.
Goods may be specified by name, by inclusion in a specified class, or in any other way.
Minister to be satisfied of matters
Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the imposition of the charge will result in either or both of the following:
expenditure on activities, including biosecurity activities, relating to the promotion or maintenance of the health of plants, animals, fungi or algae;
expenditure on matters relating to a biosecurity response.
Duty of customs
This section authorises the imposition of a charge only so far as the charge is a duty of customs within the meaning of section 55 of the Constitution.
This Part does not prevent the imposition of 2 or more charges, whether in relation to the same goods or in relation to different goods.
The regulations may provide for exemptions from a charge under this Part.