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Primary Industries Levies and Charges Collection

Current status

This bill became law on Jul 9th, 2024.

Policy area

Industry, agriculture & resources

What does this bill do?

Australia now uses one law and one rules-based process to collect primary industry levies and charges across goods, services and imports or exports.

Why was it introduced?

Over time, agricultural levy laws became overly complex, duplicative and inconsistent, and a 2018 review found they were no longer meeting industry needs. This bill replaces the 1991 collection lawThe old law this bill replaces. It was the main statute for collecting agricultural levies and charges before the new framework. with a simpler collection framework, clearer roles and more modern enforcement tools to collect levies effectively.

Broader context

Since 1989, Australia’s agricultural levy system had collected money for research, marketing, biosecurity and residue testing, but over time its rules sprawled across more than 50 laws covering more than 110 levies, making the collection system inconsistent and hard to use. After a 2018 review found the framework was no longer meeting industry needs, the government introduced this bill in 2023 to replace the old collection law with a simpler, more modern regime, and Parliament passed it in July 2024 before it received Royal AssentThe final step that turns a passed bill into an Act of Parliament..

Key criticism

The main criticism was that the bill’s drafting could make it less clear or less direct for some levy funds to support Animal Health AustraliaAn industry-government body that helps coordinate animal health and emergency response work, and whose funding was part of the debate over this bill., Plant Health AustraliaAn industry-government body that supports plant health and biosecurity arrangements, including emergency response planning. and emergency biosecurity response arrangements. That concern was raised narrowly by Coalition speakers and reflected in defeated Senate amendments, while no party represented in the debate opposed the bill overall.

Who supported it?

Kristy Mcbain MP introduced this bill. It passed on the voices.

Introduced in House 18 Oct 2023
Passed House 15 Nov 2023
Passed Senate 01 July 2024
Became law 09 July 2024

Did it become law?

Yes

Became law 09 July 2024

Final passage

Passed without a counted vote

1 recorded amendment or procedural vote was found, but no counted vote on the bill itself was recorded.

Passage speed

265 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. Australia now uses one law and one rules-based process to collect primary industry levies and charges across goods, services and imports or exports.

  2. The rules can make businesses that handle farm goods or services collect and pay levy amounts on behalf of the person who owes them.

  3. People or businesses who pay late can be charged a daily penalty based on a 2% monthly rate until the overdue amount is paid.

  4. The government can use investigation, monitoring, infringement noticeA formal notice that lets the government issue a penalty for a rule breach without going straight to court. and civil penaltyA court-enforced financial penalty for breaking the rules, used here as part of the compliance framework. powers to enforce levy collection rules.

  5. Money collected under these rules is then paid out to research and development corporationsIndustry bodies that receive levy money to fund research and development for agriculture and related sectors. and other industry bodies under a separate law.

Show source excerpts
  1. Levies imposed by regulations under the Primary Industries (Excise) Levies Act 2024 or the Primary Industries (Services) Levies Act 2024, and charges imposed by regulations under the Primary Industries (Customs) Charges Act 2024, are collected under rules made under this Act.
    Primary Industries Levies and Charges Collection as-passed bill text
  2. (a) making persons (each of whom is a collection agent) liable to pay an amount (the equivalent amount), on behalf of the levy payer or charge payer, equal to the amount of levy or charge due for payment in relation to the collection commodities/services;
    Primary Industries Levies and Charges Collection as-passed bill text
  3. Note: The amount of penalty for a day is based on a rate of 2% per month.
    Primary Industries Levies and Charges Collection as-passed bill text
  4. The Regulatory Powers Act is triggered to allow enforcement actions in relation to this Act that are monitoring or investigation powers, obtaining civil penalty orders in relation to contraventions of civil penalty provisions, issuing infringement notices or obtaining injunctions.
    Primary Industries Levies and Charges Collection as-passed bill text
  5. Amounts equal to amounts collected under the rules are then disbursed to various research and development corporations and other industry bodies under the Primary Industries Levies and Charges Disbursement Act 2024.
    Primary Industries Levies and Charges Collection as-passed bill text

Context

Broader context for this bill

Since 1989, Australia’s agricultural levy system had collected money for research, marketing, biosecurity and residue testing, but over time its rules sprawled across more than 50 laws covering more than 110 levies, making the collection system inconsistent and hard to use. After a 2018 review found the framework was no longer meeting industry needs, the government introduced this bill in 2023 to replace the old collection law with a simpler, more modern regime, and Parliament passed it in July 2024 before it received Royal AssentThe final step that turns a passed bill into an Act of Parliament..

  1. 1991

    1991 collection lawThe old law this bill replaces. It was the main statute for collecting agricultural levies and charges before the new framework. set the base for agricultural levies

    The Primary Industries Levies and Charges Collection Act 1991The old law this bill replaces. It was the main statute for collecting agricultural levies and charges before the new framework. became the main collection law for a levy system that funded research, marketing, biosecurity and residue testing across agriculture, fisheries and forestry.

    Australian Parliament House ↗
  2. 2018

    2018 review finds the levy laws no longer meet industry needs

    The review found the levy framework had become overly complex, duplicative and inconsistent, creating the case for a simpler collection system with clearer roles and modern enforcement tools.

    Australian Parliament House ↗
  3. 18 Oct 2023

    Government introduces a package to modernise levy collection

    The bill was introduced as part of a broader package to streamline the agricultural levies legislative framework and replace the 1991 collection lawThe old law this bill replaces. It was the main statute for collecting agricultural levies and charges before the new framework..

    Hansard ↗
  4. 01 July 2024

    Parliament passes the bill

    Both houses passed the bill in the same form, clearing the way for the new collection framework to become law.

    Parliamentary timeline ↗
  5. 09 July 2024

    Royal AssentThe final step that turns a passed bill into an Act of Parliament. makes the new levy collection law an Act

    Royal AssentThe final step that turns a passed bill into an Act of Parliament. completed the replacement of the old statutory framework with the new Act that supports a streamlined, rules-based collection regime.

    Parliamentary timeline ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced 18 Oct 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 18 Oct 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 14 Nov 2023

The bill reached this recorded parliamentary step.

Sent to Federation Chamber for debate 14 Nov 2023

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Second reading debate 15 Nov 2023

The bill reached this recorded parliamentary step.

House second reading agreed 15 Nov 2023

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Returned from Federation Chamber 15 Nov 2023

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

House third reading agreed 15 Nov 2023

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 16 Nov 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 16 Nov 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Rural and Regional Affairs and Transport Legislation Committee; Committee report (05/02/2024) review 16 Nov 2023

Referred to Committee (16/11/2023): Senate Rural and Regional Affairs and Transport Legislation Committee; Committee report (05/02/2024)

Referred to committee

APH bill page notes
Senate second reading agreed 01 July 2024

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate third reading agreed 01 July 2024

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 01 July 2024

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 09 July 2024

The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.

Key criticism

The main case against this bill

The main criticism was that the bill’s drafting could make it less clear or less direct for some levy funds to support Animal Health AustraliaAn industry-government body that helps coordinate animal health and emergency response work, and whose funding was part of the debate over this bill., Plant Health AustraliaAn industry-government body that supports plant health and biosecurity arrangements, including emergency response planning. and emergency biosecurity response arrangements. That concern was raised narrowly by Coalition speakers and reflected in defeated Senate amendments, while no party represented in the debate opposed the bill overall.

Criticism was limited and focused on drafting transparency around where levy money could go.

Unclear treatment of some biosecurity funding

Critics argued the bill should spell out more clearly that levy and charge money can support Animal Health AustraliaAn industry-government body that helps coordinate animal health and emergency response work, and whose funding was part of the debate over this bill., Plant Health AustraliaAn industry-government body that supports plant health and biosecurity arrangements, including emergency response planning. and emergency biosecurity response deedsFunding arrangements used to pay for coordinated emergency biosecurity responses when pests or diseases threaten industries., rather than leaving those arrangements obscured or less direct in the new framework.

Raised by Coalition speakers including Sam Birrell, and Opposition senators through proposed amendments Source ↗

Further sources

parlinfo.aph.gov.au ↗

Votes

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

15 Nov 2023

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

01 July 2024

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Amendments at a glance

Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.

Senate

Defeated

Broaden biosecurity spending rules

Aye 28 No 34

Defeated 28 to 34. Support came from Liberal Party, Nationals, and One Nation. Opposition came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents.

01 July 2024

If carried, the package would have widened the collection bill's framework to support biosecurity-related activities and response spending. The Senate rejected it, so the bill proceeded without those changes.

Party Recorded votes Aye / No
Liberal Party 21 / 0
Nationals 5 / 0
One Nation 2 / 0
Labor 0 / 21
Greens 0 / 10
Independent 0 / 2
Jacqui Lambie Network 0 / 1

These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Kristy McBain

Australian Labor Party • MP 18 Oct 2023

McBain supports the bill as part of a wider effort to streamline and modernise the agricultural levies system.

Read in Hansard ↗
Lead supporting voice Supports

Sam Birrell

National Party • MP 15 Nov 2023

Sam Birrell supports the bill and says the levy system should be simplified, made more transparent, and easier for farmers to use.

Read in Hansard ↗
Lead voice Supports

Anthony Chisholm

Australian Labor Party • Senator 16 Nov 2023

Chisholm supports the bill, saying it will replace the old 1991 collection actThe old law this bill replaces. It was the main statute for collecting agricultural levies and charges before the new framework., keep existing levy collection working, and add more modern compliance and information-handling rules.

Read in Hansard ↗
Lead voice Supports

Meryl Swanson

Australian Labor Party • MP 15 Nov 2023

Swanson supports the bill and says it will modernise and simplify the agricultural levy system while keeping industry-led levies and matching government funding in place.

Read in Hansard ↗

All speeches by bloc

Labor

4 speakers · 5 contributions · 4 support

  1. Anthony Chisholm ★ Chisholm supports the bill, saying it will replace the old 1991 collection actThe old law this bill replaces. It was the main statute for collecting agricultural levies and charges before the new framework., keep existing levy collection working, and add more modern compliance and information-handling rules.
    “The Primary Industries Levies and Charges Collection Bill 2023 is part of a package of Bills to streamline and modernise the agricultural levies legislative framework.”

    Australian Labor Party • Senator • 16 Nov 2023

    Read the full speech in Hansard ↗
  2. Meryl Swanson ★ Swanson supports the bill and says it will modernise and simplify the agricultural levy system while keeping industry-led levies and matching government funding in place.
    “I think the nub of these changes, in terms of levies for agriculture, is that we are going to be condensing over 50 pieces of legislation—50!—down to five bills and subordinate legislation to create this new structure. These bills are going to provide a solid foundation for the ag levy system to grow and respond to opportunities and challenges in the future. Let's face it: nothing sums up our country and our ag system like opportunity and challenge. Our farmers face it every day. Through these levies and this bill, we are making it simpler and we are standing shoulder to shoulder with them. We are here for the challenges and we want to make sure they get every opportunity.”

    Australian Labor Party • MP • 15 Nov 2023

    Read the full speech in Hansard ↗
  3. Shayne Neumann Neumann supports the bill as part of a package to modernise and simplify the agricultural levies system, saying it will make the framework more efficient and flexible while keeping existing levy rates and industry-led principles unchanged.
    “The package of the agriculture levies bill will replace the existing framework with a more contemporary, flexible and efficient system which will better support the agricultural sector.”

    Australian Labor Party • MP • 15 Nov 2023

    Read the full speech in Hansard ↗
  4. Kristy McBain ★ 2 contributions McBain supports the bill, saying it modernises the levy collection framework without changing key levy settings and will preserve a successful industry-government partnership.

    Hansard records 2 separate contributions by Kristy McBain on this bill. They are grouped here so the speaker is listed once.

    Second reading speech Australian Labor Party • MP • 18 Oct 2023

    McBain supports the bill as part of a wider effort to streamline and modernise the agricultural levies system. She says it will keep existing levy collection working while adding a more flexible compliance framework and better information safeguards.

    “The Primary Industries Levies and Charges Collection Bill 2023 is part of a package of bills to streamline and modernise the agricultural levies legislative framework.”
    Read this contribution in Hansard ↗

    Second reading speech Australian Labor Party • MP • 15 Nov 2023

    McBain supports the bill, saying it modernises the levy collection framework without changing key levy settings and will preserve a successful industry-government partnership. She argues it makes the system clearer and more effective while keeping existing levies and industry-led settings in place.

    “The Australian agricultural levy system is widely supported. The key features of the levy system that make it so successful will remain the same under the new legislative framework. Levy settings will generally continue to be industry initiated and led. Key settings for existing levies such as levy rates will not change as part of bringing in this new legislation. Passage of these bills without amendment will ensure the continuation of a successful industry-government partnership under a more effective and fit-for-purpose legal framework.”
    Read this contribution in Hansard ↗

Coalition

2 speakers · 2 support

  1. Sam Birrell ★ Sam Birrell supports the bill and says the levy system should be simplified, made more transparent, and easier for farmers to use.
    “I commend the bill with the amendment to the House.”

    National Party • MP • 15 Nov 2023

    Read the full speech in Hansard ↗
  2. Michael McCormack McCormack supports the bill because he says it should reduce paperwork for farmers and make the levy system more business-friendly.
    “If this is going to ultimately help our farmers, I applaud it. If this is going to mean that they have to do less paperwork, I'm all for it—and so are the opposition.”

    National Party • MP • 15 Nov 2023

    Read the full speech in Hansard ↗

Record

Full record

Full chat