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2004-2005
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
NATIONAL RESIDUE SURVEY (CUSTOMS) LEVY AMENDMENT BILL 2005
EXPLANATORY MEMORANDUM
(Circulated by authority of the Parliamentary Secretary to Minister for
Agriculture, Fisheries and Forestry, Senator the Hon Richard Colbeck)
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NATIONAL RESIDUE SURVEY (CUSTOMS) LEVY AMENDMENT BILL 2005
GENERAL OUTLINE
National Residue Survey (Customs) Levy Act 1998
The proposed amendments insert a new operative levy rate of 0.075 of a cent per
kilogram for fresh apples and pears exported from Australia and also increase the
present maximum rate of 0.060 of a cent per kilogram for all apples and pears
exported from Australia to 0.10 of a cent per kilogram in the National Residue Survey
(Customs) Levy Act 1998. The proposed amendment to the maximum levy rate has
been put in place to allow the apple and pear industry scope to expand its operative
rate of levy by subordinate legislation where access to further funding for residue
monitoring programs may be required.
FINANCIAL IMPACT STATEMENT
The proposed amendments to the National Residue Survey (Customs) Levy Act 1998
have no financial impact on the Commonwealth.
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NOTES ON CLAUSES
Clause 1: Short title
This clause provides for the short title of the Act to be the National Residue Survey
(Customs) Levy Amendment Act 2005.
Clause 2: Commencement
This clause provides that the Act comes into effect on Royal Assent.
Clause 3: Schedule(s)
Clause 3 provides that each Act specified in a Schedule to the Act is amended or
repealed as set out in the applicable items in the schedule and that any other item in
a Schedule to this Act has effect according to its terms.
Schedule 1 Amendments
NATIONAL RESIDUE SURVEY (CUSTOMS) LEVY ACT 1998
Item 1 Subclause 4(1) of Schedule 4
This item inserts the new rate of operative levy of 0.075 of a cent per kilogram
applying to the export from Australia for fresh apples under the National Residue
Survey (Customs) Levy Act 1998.
Item 2 Subclause 4(1) of Schedule 4
This item inserts a new maximum rate of levy of 0.10 of a cent per kilogram for fresh
apples that allows industry scope for expansion of its operative rate of levy by
subordinate legislation in the event of a trade dislocating residue incident where
access to further funding for residue monitoring programs may be required.
Item 3 Subclause 4(2) of Schedule 4
This item inserts the new rate of operative levy of 0.075 of a cent per kilogram
applying to the export from Australia for fresh pears under the National Residue
Survey (Customs) Levy Act 1998.
Item 4 Subclause 4(2) of Schedule 4
This item inserts a new maximum rate of levy of 0.10 of a cent per kilogram for fresh
pears that allows industry scope for expansion of its operative rate of levy by
subordinate legislation in the event of a trade dislocating residue incident where
access to further funding for residue monitoring programs may be required.
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Item 5 Application of amendments
This item allows for these amendments to apply on fresh apples and pears exported
from Australia on or after the first day of the quarter following Royal Assent. If the
first quarter starts less than 30 days after Royal Assent the start date will be the
second quarter after Royal Assent. This will allow levy payers to be given one
month's notice of the start date of the new levy. For the purpose of the amendment
`quarter' is defined as a period of three months beginning on 1 January, 1 April,
1 July or 1 October of a year.