Marise Payne (NSW, Liberal Party, Minister for Human Services) Share this | Link to this | Hansard source

I move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speeches read as follows—

IMPORTED FOOD CHARGES (IMPOSITION–GENERAL) BILL 2015

Australia's participation in global markets provides consumers with access to a wide range of food products from all over the world, year round. The range of imported food products reflects the demand of Australian consumers and the diversity of our population.

This government works hard to maintain Australia's access to high quality and affordable food. Having some of the most stringent food standards in the world provides a high level of protection for Australian consumers.

Consumers rightly expect that food imported from overseas meets the same standards of food produced in Australia.

We have biosecurity arrangements that safeguard Australia from unwanted pests and diseases and protect Australia's economy. We also have measures to ensure imported food complies with Australian health and safety standards.

The Imported Food Control Act 1992 allows us to monitor the compliance of imported food with Australian food standards. The Department of Agriculture relies on a risk-based regime of inspecting and testing imported food. Importers operating under recognised food management systems are regularly audited to ensure compliance with food standards.

These arrangements come at a cost. Importers of food need to pay for this.

Having the right cost recovery mechanisms in place will support Australia's capacity to manage public health and safety of imported food. The Australian Government has had a long standing policy of recovering these costs from those people that receive activities related to the importation of food.

In 2014, the Australian Government reaffirmed this policy. Agencies should set charges to recover the efficient costs of activities that they provide.

Consistent with the arrangements that are in place for the imposition and collections of charges for biosecurity activities from the users of the biosecurity system, this bill provides for the same charging arrangements to be established for imported food.

The Imported Food Charges (Imposition—General) Bill 2015 is the first of four bills that will establish the legislative basis that allows for charges to be imposed to recover costs from food importers.

Specifically, the bill will enable cost recovery of activities that provide general benefits to food importers. This bill will enable the recovery of costs for administering the imported food regulatory framework including the development of audit and compliance standards for third party arrangements.

The legislation will sit alongside the existing cost recovery legislation that allows for the recovery of the department's costs for activities provided directly to people such as inspection and audit services.

This legislation is designed purely as a cost recovery mechanism. The legislation requires that the Minister for Agriculture be satisfied that the amount charged will not be more than the likely costs of delivering the activity. This will provide clients with confidence that the government will not over recover the costs of its imported food services.

The bill does not itself set the amount of the charges and will not impose any financial impacts. The charges and who is liable and exempt from paying the charges will be set in regulations.

The legislation has been drafted to be consistent with Australia's international trade obligations. This will also be the case in drafting any delegated legislation.

Three companion bills are being introduced alongside this bill, the Imported Food Charges (Imposition—Customs) Bill 2015, the Imported Food Charges (Imposition—Excise) Bill 2015, and the Imported Food Charges (Collection) Bill 2015.

This package of bills will ensure that appropriate cost recovery mechanisms are in place for all imported food related activities. It provides a flexible and common sense structure for applying cost recovery charges. This supports the important work undertaken by the Department of Agriculture to monitor the compliance of imported food with Australian food standards.

IMPORTED FOOD CHARGES (IMPOSITION–CUSTOMS) BILL 2015

The Imported Food Charges (Imposition—Customs) Bill 2015 is the second of four bills being introduced to form this legislative package.

The Imported Food Charges (Imposition—Customs) Bill 2015 will impose charges only when they are considered a duty of customs. The key provisions of the bill mirror those in the Imported Food Charges (Imposition—General) Bill 2015 and have the same operative function and effect.

The bill does not itself set the amount of the charges and will not impose any financial impacts. The charges and who is liable and exempt from paying the charges will be set in regulations.

IMPORTED FOOD CHARGES (IMPOSITION–EXCISE) BILL 2015

The Imported Food Charges (Imposition—Excise) Bill 2015 is the third of four bills being introduced to form this legislative package.

The Imported Food Charges (Imposition—Excise) Bill 2015 will impose charges only when they are considered a duty of excise. The key provisions of the bill mirror those in the Imported Food Charges (Imposition—General) Bill 2015 and have the same operative function and effect.

The bill does not itself set the amount of the charges and will not impose any financial impacts. The charges and who is liable and exempt from paying the charges will be set in delegated legislation.

IMPORTED FOOD CHARGES (COLLECTION) BILL 2015

The Imported Food Charges (Collection) Bill 2015 is the final being introduced as part of the package to provide appropriate cost recovery arrangements for managing imported food. These arrangements are consistent with the Australian Government's cost recovery policy.

The Imported Food Charges (Collection) Bill 2015 will provide authority to collect charges imposed under the Imported Food Charges (Imposition—General) Bill 2015, the Imported Food Charges (Imposition—Customs) Bill 2015 and the Imported Food Charges (Imposition—Excise) Bill 2015.

The bill provides that the regulations will determine the time allowed to pay charges. It does not itself set the amount of the charges and will not impose any financial impacts.

The regulations under this bill will also outline the liability of a person's agent to pay charges on that person's behalf and establish appropriate late payment fees where charges are not paid in the time allowed.

Specifying such matters in regulations, as opposed to the Act itself, provides the department with sufficient flexibility to ensure that these matters are appropriate in all circumstances.

The bill also provides the Commonwealth with mechanisms to appropriately deal with non-payment. This includes powers to refuse service or to suspend or revoke certificates, compliance agreements or any other approval given under the Imported Food Control Act 1992 until payment is made.

Unpaid charges and late payment fees will be considered debts to the Commonwealth and may be recovered by action in a relevant court.

The bill sets out provisions for the remitting or refunding of charges or late payment fees where the Secretary of the Department of Agriculture believes there is sufficient reason.

Together these four bills being introduced today will ensure cost recovery arrangements for activities provided in relation to imported food are appropriately supported. As mentioned earlier, these fund the arrangements which contribute to the management of the compliance, health and safety of imported food for all Australians.

Debate adjourned.