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Primary Industries (Consequential Amendments and Transitional Provisions)

Current status

This bill became law on Jul 9th, 2024.

Policy area

Industry, agriculture & resources

What does this bill do?

Levy payers, collection agentsPeople or businesses that collect levies and charges and pass them into the system. and levy-funded industry bodies keep operating through the changeover, so the agricultural levy system is meant to continue without interruption.

Why was it introduced?

Australia’s agricultural levy laws had become overly complex, duplicative and inconsistent, with outdated provisions, and a 2018 review found they were not meeting industries’ needs. This bill repeals redundant laws, updates related Acts and sets transition rules so the new levy framework can start without disrupting payers, collectors or levy bodies.

Broader context

Australia’s farm levy system had supported research, marketing, biosecurityWork to stop pests and diseases spreading through industries; on this page, it is one of the uses levy money may support. and residue testing since the 1980s, but over time the law behind more than 110 levies became fragmented, duplicative and hard to navigate, and a 2018 review found it was no longer meeting industry needs. The 2023 bill package responded by replacing the old framework, repealing 23 redundant Acts and setting transition rules so levy collection and disbursement could continue without disruption. Parliament passed the package in 2024, Royal AssentThe final step that turns a bill passed by Parliament into an Act of law. made it an Act, and most substantive transition provisions commenced later.

Key criticism

The main criticism was that the levy package still needed tighter transparency and clearer spending rules, so levy payers could better see where money goes and important biosecurityWork to stop pests and diseases spreading through industries; on this page, it is one of the uses levy money may support. or emergency response work was not left unclear or excluded. These concerns were raised in Coalition support for the bill and related Senate amendments, but no party represented in the debate argued against the bill as a whole.

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. Levy payers, collection agentsPeople or businesses that collect levies and charges and pass them into the system. and levy-funded industry bodies keep operating through the changeover, so the agricultural levy system is meant to continue without interruption.

  2. Existing levy and charge rates can be carried into the first new regulations without another full consultationThe process of asking industries and agencies for input before changing the levy laws. round, so current charges can continue unchanged during the transition.

  3. Australia repeals 23 outdated primary industry levy laws and updates other laws so the new agricultural levies framework can take over in their place.

  4. Research and development corporationsIndustry bodies that receive levy money and spend it on research and development for their sector. must follow the new Primary Industries Levies and Charges Disbursement Act 2024The new law that controls how levy money is paid out to research and development bodies and other recipients. when they spend levy money they receive.

  5. The government can create new research and development corporationsIndustry bodies that receive levy money and spend it on research and development for their sector., or keep existing ones going, by regulation under the updated law.

Show source excerpts
  1. set out application, savings and transitional arrangements to ensure continuity of arrangements and minimal impacts for levy and charge payers, collection agents and levy recipient bodies due to the repeal of the Acts and commencement of the modernised agricultural levies legislation.
    Primary Industries (Consequential Amendments and Transitional Provisions) explanatory memorandum
  2. This would apply to products or goods already subject to levy or charge under the old levy Act or old charge/levy Act, and would allow these levies and charges to continue without requiring additional consultation to occur. The establishment of levies and charges under those Acts was subject to consultation prior to their inclusion in those Acts. There are no changes being made to levy or charge rates in the transition to the modernised agricultural levies legislation.
    Primary Industries (Consequential Amendments and Transitional Provisions) explanatory memorandum
  3. This bill will repeal 23 existing acts that are, or will become, redundant upon commencement of the bills package. It will also make consequential amendments to a number of other acts.
    Minister's second reading speech
  4. (1AA) Money paid to an R&D Corporation under the Primary Industries Levies and Charges Disbursement Act 2024 may be spent by the R&D Corporation only in accordance with that Act.
    Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024 final Act text
  5. New section 8 would provide that regulations may establish a research and development corporation with the name prescribed by regulation; or continue in existence a research and development corporation prescribed by regulations.
    Primary Industries (Consequential Amendments and Transitional Provisions) explanatory memorandum

Context

Broader context for this bill

Australia’s farm levy system had supported research, marketing, biosecurityWork to stop pests and diseases spreading through industries; on this page, it is one of the uses levy money may support. and residue testing since the 1980s, but over time the law behind more than 110 levies became fragmented, duplicative and hard to navigate, and a 2018 review found it was no longer meeting industry needs. The 2023 bill package responded by replacing the old framework, repealing 23 redundant Acts and setting transition rules so levy collection and disbursement could continue without disruption. Parliament passed the package in 2024, Royal AssentThe final step that turns a bill passed by Parliament into an Act of law. made it an Act, and most substantive transition provisions commenced later.

  1. 2018

    Review finds the agricultural levy laws are no longer meeting industry needs

    The government later cited a 2018 review that found the levy framework had become overly complex, duplicative and inconsistent.

    User payload: whyIntroduced ↗
  2. 18 Oct 2023

    Government introduces the levy modernisation package

    The minister said the bill package would streamline the agricultural levies framework, repeal 23 redundant Acts and manage the transition to the new system.

    Hansard ↗
  3. 15 Nov 2023

    House passes the bill

    After debate, the House agreed to the bill at third reading, sending the transition legislation to the Senate.

    Parliamentary timeline ↗
  4. 01 July 2024

    Parliament passes the bill

    Both houses passed the bill in the same form, clearing the way for the transition legislation to become an Act.

    Parliamentary timeline ↗
  5. 09 July 2024

    Royal AssentThe final step that turns a bill passed by Parliament into an Act of law. makes the transition Act

    Royal AssentThe final step that turns a bill passed by Parliament into an Act of law. made the consequential and transition law an Act on 9 July 2024, while most substantive schedules were set to commence later, including on 1 January 2025.

    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 bill passed by Parliament into an Act of law., turning the bill into an Act.

Key criticism

The main case against this bill

The main criticism was that the levy package still needed tighter transparency and clearer spending rules, so levy payers could better see where money goes and important biosecurityWork to stop pests and diseases spreading through industries; on this page, it is one of the uses levy money may support. or emergency response work was not left unclear or excluded. These concerns were raised in Coalition support for the bill and related Senate amendments, but no party represented in the debate argued against the bill as a whole.

Criticism was limited and focused on safeguards and drafting, not on blocking the transition.

More transparency for levy payers

A key reservation was that the framework should do more to show levy payers exactly how their money is spent, rather than relying on a simpler modernised system alone.

Raised by Sam Birrell and Coalition speakers supporting the bill with reservations Source ↗

Unclear coverage of biosecurity and emergency response spending

Opposition amendments suggested concern that the bill's spending framework did not clearly name key industry bodies or explicitly cover biosecurityWork to stop pests and diseases spreading through industries; on this page, it is one of the uses levy money may support. activities and emergency animal or plant response deeds, which could leave important uses of levy funds less certain.

Raised by The Opposition In Senate Amendments Source ↗

Further sources

parlinfo.aph.gov.au ↗ 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 response spending

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

This vote rejected a package of changes aimed at widening the bill’s biosecurityWork to stop pests and diseases spreading through industries; on this page, it is one of the uses levy money may support.-related definitions and expenditure rules, so the bill kept its original drafting.

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 the package to modernise the agricultural levies framework, saying it will help deliver a smooth transition to the new system.

Read in Hansard ↗
Lead supporting voice Supports

Sam Birrell

National Party • MP 15 Nov 2023

Sam Birrell supports the bill, saying the levy framework needs to be streamlined and made easier to use so more money goes to research and development.

Read in Hansard ↗
Lead voice Supports

Anthony Chisholm

Australian Labor Party • Senator 16 Nov 2023

Chisholm supports the bill as part of a broader package that will modernise the agricultural levies framework and make the transition to the new system smooth.

Read in Hansard ↗
Lead voice Supports

Meryl Swanson

Australian Labor Party • MP 15 Nov 2023

Swanson supports the bill, saying it will streamline and modernise the agricultural levy system, cut red tape and make the framework easier for levy payers and RDCsIndustry bodies that receive levy money and spend it on research and development for their sector. to understand and administer.

Read in Hansard ↗

All speeches by bloc

Labor

4 speakers · 5 contributions · 4 support

  1. Anthony Chisholm ★ Chisholm supports the bill as part of a broader package that will modernise the agricultural levies framework and make the transition to the new system smooth.
    “The Bill will facilitate a smooth transition to the new agricultural levies legislation, including for levy collection and disbursement arrangements and payment of matching funding to research and development corporations.”

    Australian Labor Party • Senator • 16 Nov 2023

    Read the full speech in Hansard ↗
  2. Meryl Swanson ★ Swanson supports the bill, saying it will streamline and modernise the agricultural levy system, cut red tape and make the framework easier for levy payers and RDCsIndustry bodies that receive levy money and spend it on research and development for their sector. to understand and administer.
    “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 consequential amendmentsChanges to other laws that are needed so the new levy framework works properly alongside them. and transitional provisionsRules that keep the old and new systems running during the changeover so there is no gap in collection or spending. bill as part of the broader agricultural levies package.
    “The separate bill, the consequential amendments and transitional bill, is being introduced to manage the consequential changes and arrangements. This package of bills is the result of extensive consultation over several years to ensure a new framework meets the demands of those who benefit from the system.”

    Australian Labor Party • MP • 15 Nov 2023

    Read the full speech in Hansard ↗
  4. Kristy McBain ★ 2 contributions McBain supports the bill as part of the new primary industries levy framework, saying it will keep continuity for levy and charge payers, collection agentsPeople or businesses that collect levies and charges and pass them into the system. and recipient bodies when the old laws are repealed.

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

    Minister's second reading speech Australian Labor Party • MP • 18 Oct 2023

    McBain supports the bill as part of the package to modernise the agricultural levies framework, saying it will help deliver a smooth transition to the new system. She says it will also repeal redundant acts and make the consequential amendmentsChanges to other laws that are needed so the new levy framework works properly alongside them. needed to support the new arrangements.

    “The bill will facilitate a smooth transition to the new agricultural levies legislation, including for levy collection and disbursement arrangements and payment of matching funding to research and development corporations.”
    Read this contribution in Hansard ↗

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

    McBain supports the bill as part of the new primary industries levy framework, saying it will keep continuity for levy and charge payers, collection agentsPeople or businesses that collect levies and charges and pass them into the system. and recipient bodies when the old laws are repealed. She says passage without amendment will preserve a successful industry-government partnership under a more effective legal framework.

    “Importantly, the Primary Industries (Consequential Amendments and Transitional Provisions) Bill 2023 will ensure continuity for levy and charge payers, collection agents and bodies that receive levy amounts from the repeal of the existing acts and commencement of the new legislation.”
    Read this contribution in Hansard ↗

Coalition

2 speakers · 2 support

  1. Sam Birrell ★ Sam Birrell supports the bill, saying the levy framework needs to be streamlined and made easier to use so more money goes to research and development.
    “Before the suspension I was able to give my own examples of drip irrigation, fertigation and moth-mating disruption, which was good to talk about here; I enjoyed that. But, in summary, these are necessary legislative changes, so that there is transparency and ease of use and so that we maximise the amount of levy money for this important research and development.”

    National Party • MP • 15 Nov 2023

    Read the full speech in Hansard ↗
  2. Michael McCormack McCormack supports the bill as part of the levy modernisation package, saying it is meant to be business-friendly and reduce paperwork for farmers.
    “I know the coalition committed $7.2 million in 2020-21 over four years to modernise the framework into a business-friendly, fit-for-purpose and easy-to-use legislative framework as part of the deregulation agenda. I also thank our accountants, who worked so closely with farmers to make sure that they do all the paperwork and to make sure that they get all the necessary bureaucracy correct. The member for Paterson mentioned that it is a user pay system of sorts, and again she is correct. She is absolutely right in that. There are six bills related to modernising the levy system. They include three imposition bills, a collection bill, a disbursement bill and a consequential amendments bill. They are important. They don't bring into existence the biosecurity protection levy announced in the 2023-24 budget. There are no substantial changes as to how the levy system will operate. However, a number of current functions will be devolved to subordinate legislation, such as setting the levy rates.”

    National Party • MP • 15 Nov 2023

    Read the full speech in Hansard ↗

Record

Full record

Full chat