Purpose:

This Act provides the legislative framework for regulations to impose primary industries charges, which are duties of customs, on specified products of primary industries and goods consumed by or used in the maintenance or treatment of animals, plants, fungi, or algae.

Objectives:

• To allow for expenditure on the marketing, advertising or promotion of products of one or more primary industries.
• To allow for expenditure on research and development activities for the benefit of one or more primary industries.
• To allow for expenditure on activities, including biosecurity activities, relating to the promotion or maintenance of the health of plants, animals, fungi or algae.
• To allow for expenditure on matters relating to a biosecurity response.
• To allow for expenditure on activities relating to the National Residue Survey.
• To allow for expenditure on any other activity prescribed by the regulations that is for the benefit of one or more primary industries.

Key Provisions:

• Regulations may impose a charge on specified animal products, plant products, fungus products or algal products that are produce of a primary industry (Part 2).
• Regulations may impose a charge on specified goods that are consumed by, or used in the maintenance or treatment of, animals, plants, fungi or algae (Part 3).
• Regulations are to set out any exemptions from the charge (Parts 2 & 3).
• Regulations are to set out the rate of the charge (Part 4).
• Regulations are to set out the person who is liable to pay the charge (Part 5).
• Regulations can specify different rates of the same charge for different kinds of products or goods (Part 4).
• The Minister may, by legislative instrument, determine a specified body to be a nominated industry representative body or a nominated polling body in relation to specific charges (Part 6, Section 20).
• Consultation with nominated industry representative bodies or nominated polling bodies, or other relevant industry bodies/persons, is required before regulations are made setting or amending the rate of a charge (Part 6, Section 24).
• The Act binds the Crown in right of each of the States, the Australian Capital Territory and the Northern Territory (Part 1, Section 5).
• Net GST is not to be included in the price or amount paid for a product or goods for the purpose of charge calculation (Part 6, Section 19).

Evidence of Compliance Requirements For Agricultural Organisations:

Specific, direct compliance requirements for general agricultural organisations, such as what documentation to produce or actions to take for paying charges or reporting, are not detailed in this Act; these are to be prescribed by future regulations. However, the Act outlines specific compliance-like actions for certain types of agricultural bodies:

• For Nominated Industry Representative Bodies (determined under subsection 20(1)):

  • Consultation: Before regulations are made setting or amending the rate of a specified charge, the nominated industry representative body must be consulted about the whole or specified parts of the rate (Section 20(2)).
  • Recommendations: The body may make recommendations to the Minister about the whole or specified parts of the rate (Section 20(2)).
  • Further Consultation: Before making a recommendation, the nominated industry representative body must consult any bodies specified in the instrument determining its status (Section 20(4)).
  • Measurement Standards: Any recommendations made regarding the rate must ensure the proposed rate does not exceed the rate so recommended (Section 24(2)(a)(ii)).

• For Nominated Polling Bodies (determined under subsection 20(6)):

  • Consultation: Before regulations are made setting or amending the rate of a specified charge, the nominated polling body must be consulted about the whole or specified parts of the rate (Section 20(7)).
  • Recommendations: The body may make recommendations to the Minister about the whole or specified parts of the rate (Section 20(7)).
  • Conducting a Poll: Before making a recommendation, the nominated polling body must ensure a poll is conducted in accordance with requirements specified by the Minister in the instrument determining the body’s status (Section 20(9)).
  • Recommendation Alignment: The recommendation made by the nominated polling body must be in accordance with the results of the conducted poll (Section 20(9)).
  • Measurement Standards: Any recommendations made regarding the rate must ensure the proposed rate does not exceed the rate so recommended (Section 24(2)(b)(ii)).

Metadata Keywords:

Primary Industries, Customs Charges, Agriculture, Biosecurity, Research and Development, Marketing, Regulations, Australia, Polling Bodies, Industry Representative Bodies.

Publication Information:

Assented to 9 July 2024. Registered 10/07/2024. Version Number C2024A00055.

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2024A00055/asmade/2024-07-09/text/original/pdf →