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Primary Industries (Customs) Charges

Current status

This bill became law on Jul 9th, 2024.

Policy area

Industry, agriculture & resources

What does this bill do?

From 1 January 2025, Australia can set customs chargesCharges imposed on certain primary industry goods and related imported goods under this bill, rather than a general tax on imports. under one updated law for primary industry products and some imported goods used with animals, plants, fungi or algae.

Why was it introduced?

Agricultural levies law had become overly complex, duplicative and inconsistent, with more than 50 laws and a 2018 review finding it no longer met industries’ needs. This bill replaces older customs charge laws with one updated framework that lets charges be set in regulationsThe detailed rules made under the Act that will set the actual charge rates, exemptions and who must pay. more consistently and flexibly.

Broader context

Since the 1980s, Australia’s agricultural levy system has funded research, marketing, biosecurityWork aimed at preventing, managing or responding to pests and diseases that could harm animals, plants or agriculture. and residue testing, but over time it sprawled across more than 50 laws covering more than 110 levies and charges, and a 2018 review found the framework had become too complex and no longer met industry needs. The bill responded by replacing the older customs charging laws with a single updated framework that Parliament passed in 2024, and from 1 January 2025 it allowed customs chargesCharges imposed on certain primary industry goods and related imported goods under this bill, rather than a general tax on imports. for primary industry products and some imported goods used with animals, plants, fungi or algae to be set more consistently in regulationsThe detailed rules made under the Act that will set the actual charge rates, exemptions and who must pay..

Key criticism

The main criticism was narrow and practical: some Coalition MPs worried the rewritten charging framework did not give enough transparency or flexibility around levy money linked to Plant Health AustraliaAn industry-government body that appears in the debate because some amendments were about how levy money can support plant biosecurity work., Animal Health AustraliaAn industry-government body linked to animal biosecurity spending, and central to the transparency concerns raised in debate. and related biosecurityWork aimed at preventing, managing or responding to pests and diseases that could harm animals, plants or agriculture. spending. That concern led to Opposition amendments in the Senate, but no party represented in the debate opposed the bill overall and support remained intact.

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. From 1 January 2025, Australia can set customs chargesCharges imposed on certain primary industry goods and related imported goods under this bill, rather than a general tax on imports. under one updated law for primary industry products and some imported goods used with animals, plants, fungi or algae.

  2. The Act lets regulationsThe detailed rules made under the Act that will set the actual charge rates, exemptions and who must pay. impose customs chargesCharges imposed on certain primary industry goods and related imported goods under this bill, rather than a general tax on imports. on primary industry products such as animal, plant, fungus and algae products in the situations the regulationsThe detailed rules made under the Act that will set the actual charge rates, exemptions and who must pay. spell out.

  3. The Act also lets regulationsThe detailed rules made under the Act that will set the actual charge rates, exemptions and who must pay. impose customs chargesCharges imposed on certain primary industry goods and related imported goods under this bill, rather than a general tax on imports. on goods used to feed, maintain or treat animals, plants, fungi or algae, which supports biosecurityWork aimed at preventing, managing or responding to pests and diseases that could harm animals, plants or agriculture.-style charging beyond exported produce itself.

  4. Charge rates will be set in regulationsThe detailed rules made under the Act that will set the actual charge rates, exemptions and who must pay. and can differ across products or goods, giving government and industries room to tailor charges by sector or product type.

  5. When an industry body or industry poll is part of the process, the government cannot set a charge rate above the rate that body recommends.

Show source excerpts
  1. 1 January 2025.
    Primary Industries (Customs) Charges Act 2024 final Act text
  2. (1) The regulations may impose a charge in relation to one or more specified products in the circumstances prescribed by the regulations.
    Primary Industries (Customs) Charges Act 2024 final Act text
  3. (1) The regulations may impose a charge in relation to one or more specified goods:
    Primary Industries (Customs) Charges Act 2024 final Act text
  4. (1) Different rates of the same charge may be prescribed by the regulations for different kinds of products or goods.
    Primary Industries (Customs) Charges Act 2024 final Act text
  5. (ii) if, in accordance with that section, such a body makes a recommendation to the Minister about the rate—the rate does not exceed the rate so recommended; and
    Primary Industries (Customs) Charges Act 2024 final Act text

Context

Broader context for this bill

Since the 1980s, Australia’s agricultural levy system has funded research, marketing, biosecurityWork aimed at preventing, managing or responding to pests and diseases that could harm animals, plants or agriculture. and residue testing, but over time it sprawled across more than 50 laws covering more than 110 levies and charges, and a 2018 review found the framework had become too complex and no longer met industry needs. The bill responded by replacing the older customs charging laws with a single updated framework that Parliament passed in 2024, and from 1 January 2025 it allowed customs chargesCharges imposed on certain primary industry goods and related imported goods under this bill, rather than a general tax on imports. for primary industry products and some imported goods used with animals, plants, fungi or algae to be set more consistently in regulationsThe detailed rules made under the Act that will set the actual charge rates, exemptions and who must pay..

  1. 2018

    Review finds the agricultural levies law is too complex

    A 2018 review found the levies framework had become overly complex, duplicative and inconsistent after expanding to more than 50 laws governing more than 110 levies and charges.

    Hansard ↗
  2. 18 Oct 2023

    Government introduces a package to streamline levy laws

    The government introduced this bill as part of a package to modernise the agricultural levies legislative framework and replace separate customs, excise and services charging laws with a more coherent structure.

    Hansard ↗
  3. 15 Nov 2023

    House passes the bill

    After debate on the need to simplify the longstanding levy system, the House agreed to the bill at third reading and sent it to the Senate.

    Parliamentary timeline ↗
  4. 01 July 2024

    Parliament passes the bill

    Both houses passed the bill in the same form, completing Parliament’s approval of the new customs charging framework.

    Parliamentary timeline ↗
  5. 09 July 2024

    Royal AssentThe step that turns a passed bill into an Act and allows it to commence. makes the bill law

    Royal AssentThe step that turns a passed bill into an Act and allows it to commence. turned the bill into an Act, clearing the way for the new framework to replace older customs charge laws.

    Parliamentary timeline ↗
  6. 01 Jan 2025

    New customs charging framework starts

    From this date, Australia could impose customs chargesCharges imposed on certain primary industry goods and related imported goods under this bill, rather than a general tax on imports. under the updated law for primary industry products and some imported goods used to feed, maintain or treat animals, plants, fungi or algae.

    Australian Parliament House ↗

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

Consideration in detail 15 Nov 2023

The chamber considered the bill in detail and dealt with amendments before the next stage.

Consideration in detail debate

Returned from Federation Chamber 15 Nov 2023

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

Consideration in detail 15 Nov 2023

The chamber considered the bill in detail and dealt with amendments before the next stage.

Consideration in detail debate

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; Committtee report (05/02/2024) review 16 Nov 2023

Referred to Committee (16/11/2023): Senate Rural and Regional Affairs and Transport Legislation Committee; Committtee 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 step that turns a passed bill into an Act and allows it to commence., turning the bill into an Act.

Key criticism

The main case against this bill

The main criticism was narrow and practical: some Coalition MPs worried the rewritten charging framework did not give enough transparency or flexibility around levy money linked to Plant Health AustraliaAn industry-government body that appears in the debate because some amendments were about how levy money can support plant biosecurity work., Animal Health AustraliaAn industry-government body linked to animal biosecurity spending, and central to the transparency concerns raised in debate. and related biosecurityWork aimed at preventing, managing or responding to pests and diseases that could harm animals, plants or agriculture. spending. That concern led to Opposition amendments in the Senate, but no party represented in the debate opposed the bill overall and support remained intact.

No broad public campaign against the bill is recorded; criticism was limited to drafting and levy-design concerns.

Transparency and permitted-use concerns

The sharpest reservation was that the new framework should more clearly show where levy money goes and allow clearer treatment of payments connected to Plant Health AustraliaAn industry-government body that appears in the debate because some amendments were about how levy money can support plant biosecurity work., Animal Health AustraliaAn industry-government body linked to animal biosecurity spending, and central to the transparency concerns raised in debate. and biosecurityWork aimed at preventing, managing or responding to pests and diseases that could harm animals, plants or agriculture. response arrangements. Critics were worried the bill's drafting could leave levy payers with less visibility or an incomplete fit for those costs.

Raised by Coalition speakers and Opposition senators, including Sam Birrell 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

Expand biosecurity spending powers

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

The Senate rejected the amendment package 28-34, so the bill kept the narrower spending wording and later passed unchanged in this respect.

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 package that will streamline and modernise the agricultural levies framework.

Read in Hansard ↗
Lead supporting voice Supports

Sam Birrell

National Party • MP 15 Nov 2023

Birrell supports the bill and says the levy reforms are necessary because they simplify the system, improve transparency and help maximise money for research and development.

Read in Hansard ↗
Lead voice Supports

Anthony Chisholm

Australian Labor Party • Senator 16 Nov 2023

Chisholm supports the Primary Industries (Customs) Charges Bill 2023The bill that sets up the new legal framework for customs charges on primary industry products and related goods. as part of a broader rewrite of the agricultural levies framework, saying it will modernise the system and make it more effective and efficient.

Read in Hansard ↗
Lead voice Supports

Meryl Swanson

Australian Labor Party • MP 15 Nov 2023

Swanson supports the bill and says it modernises and streamlines the agricultural levy system while keeping industry-led funding and government matching payments in place.

Read in Hansard ↗

All speeches by bloc

Labor

4 speakers · 5 contributions · 4 support

  1. Anthony Chisholm ★ Chisholm supports the Primary Industries (Customs) Charges Bill 2023The bill that sets up the new legal framework for customs charges on primary industry products and related goods. as part of a broader rewrite of the agricultural levies framework, saying it will modernise the system and make it more effective and efficient.
    “The Primary Industries (Customs) Charges Bill 2023 is part of a package of Bills that will 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 modernises and streamlines the agricultural levy system while keeping industry-led funding and government matching payments in place.
    “The package is going to make it easier to understand and administer agricultural levies That's one of the things a lot of farmers say to me: We want less red tape. We want less green tape. We want less brown tape. We want to be less bound. We don't want to be tied up doing paperwork. We want to be out there farming. We want to be able to research the new technologies. We want to be seeing what's at the cutting edge. That's what these levies fund.”

    Australian Labor Party • MP • 15 Nov 2023

    Read the full speech in Hansard ↗
  3. Shayne Neumann Shayne Neumann supports the bill and the broader levy package, saying it will modernise a complex system into a more contemporary, flexible and efficient framework while keeping existing levies and charge rates unchanged.
    “Together, these bills establish a new legislative framework, providing a more effective and efficient system, and I commend the legislation to the chamber.”

    Australian Labor Party • MP • 15 Nov 2023

    Read the full speech in Hansard ↗
  4. Kristy McBain ★ 2 contributions McBain supports the bill, saying it will keep the levy system industry-led while simplifying the legal framework and improving consistency.

    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 package that will streamline and modernise the agricultural levies framework. She says it will help create a more effective and efficient levy system for agriculture, fisheries and forestry.

    “Together, the package of bills will establish a new legislative framework that provides the basis for a more effective and efficient levy system that will support more sustainable, competitive and productive agriculture, fisheries and forestry sectors now and into the future.”
    Read this contribution in Hansard ↗

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

    McBain supports the bill, saying it will keep the levy system industry-led while simplifying the legal framework and improving consistency. She argues it preserves existing levy settings and should pass without amendment to maintain a workable partnership with industry.

    “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 ★ Birrell supports the bill and says the levy reforms are necessary because they simplify the system, improve transparency and help maximise money for research and development.
    “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 Michael McCormack says the opposition supports the bill because it will streamline levy arrangements and reduce paperwork for farmers, while stressing that the work began under the former coalition government.
    “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