Secondary Legislation Confirmation Bill
Secondary Legislation Confirmation Bill
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Secondary Legislation Confirmation Bill
Secondary Legislation Confirmation Bill
Government Bill
68—2
As reported from the Regulations Review Committee
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Hon Chris Bishop
Secondary Legislation Confirmation Bill
Government Bill
68—2
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Secondary Legislation Confirmation Act 2024.
2 Commencement
This Act comes into force on the day after Royal assent.
Part 1 Preliminary provisions
3 Purpose
The purpose of this Act is to confirm secondary legislation that, unless earlier confirmed by an Act of Parliament, will be—
(a)
revoked at the applicable deadline under section 123 of the Legislation Act 2019; or
(b)
taken after the applicable deadline to have been invalid for its past operation (because it has been revoked with effect before or on the deadline) under section 126 of the Legislation Act 2019.
4 Interpretation
In this Act, deadline has the meaning given in section 121 of the Legislation Act 2019.
5 Act binds the Crown
This Act binds the Crown.
6 Repeal
The Secondary Legislation Confirmation Act 2023 (2023 No 67) is repealed.
Part 2 Confirmations
7 Agricultural Compounds and Veterinary Medicines Act 1997
The Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/85) are confirmed.
8 Commodity Levies Act 1990
The following orders are confirmed:
(a)
Commodity Levies (Arable Crops) Order 2024 (SL 2024/66):
(b)
Commodity Levies (Cereal Silage) Order 2024 (SL 2024/68):
(c)
Commodity Levies (Kiwifruit) Order 2024 (SL 2024/1):
(d)
Commodity Levies (Maize) Order 2024 (SL 2024/67):
(e)
Commodity Levies (Mussels, Oysters, and Salmon) Amendment Order 2024 (SL 2024/69).
9 Customs and Excise Act 2018
The following orders are confirmed:
(a)
Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2024:
(b)
Excise and Excise-equivalent Duties Table (Reduction for Specified Tobacco Products) Amendment Order 2024:
(c)
Excise and Excise-equivalent Duties Table (Tobacco Products Indexation) Amendment Order 2023.
10 Food Act 2014
The Food (Fees, Charges, and Levies) Amendment Regulations 2024 (SL 2024/87) are confirmed.
11 New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 2018
The Social Security (Rates of Benefits and Allowances) Order 2024 (SL 2024/11) is confirmed.
12 Tariff Act 1988
The Tariff (Part II Concessions 80 and 81) Amendment Order 2023 is confirmed.The following orders are confirmed:
(a)
Tariff (Part II Concessions 80 and 81) Amendment Order 2023:
(b)
Tariff (Specified Tobacco Products) Amendment Order 2024.
Legislative history
11 July 2024 |
Introduction (Bill 68–1) |
|
25 July 2024 |
First reading and referral to Regulations Review Committee |
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Secondary Legislation Confirmation Bill
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Commentary
Recommendation
The Regulations Review Committee has examined the Secondary Legislation Confirmation Bill and recommends that it be passed. We recommend all amendments unanimously.
Introduction
The purpose of this bill is to confirm certain secondary legislation that would be revoked if not confirmed by an Act of Parliament by a specified date. The bill relates to secondary legislation made between 1 July 2023 and 30 June 2024.
In passing this bill, the House would confirm the instruments set out in the bill, allowing them to continue in force.
Legislative scrutiny
As part of our consideration of the bill, we have examined its consistency with principles of legislative quality. We have no issues regarding the legislation’s design to bring to the attention of the House.
Confirmation is warranted
As introduced, the bill includes 12 instruments for confirmation. (Below, we propose adding one further instrument.)
Matters covered in the instruments include:
increasing the annual industry levy for agricultural compounds and veterinary medicines, and adjusting the fees and charges for services provided by the Ministry for Primary Industries
imposing levies for agricultural commodities, including arable crops, cereal silage, kiwifruit, and maize
adjusting the excise and excise-equivalent duties on alcoholic beverages and tobacco products
establishing a new levy on food importers and food businesses, with exemptions made by the chief executive of the Ministry for Primary Industries
increasing social security benefits and allowances, asset limits, and superannuation entitlements
amending Part II of the New Zealand Tariff to clarify and revise the scope of when duty-free entry is available to certain passenger goods and household effects.
We asked the government departments responsible for administering the instruments to explain why each instrument should be confirmed. We wrote to chief executives of the following departments:
Ministry of Business, Innovation and Employment
Ministry for Primary Industries
Ministry of Social Development
New Zealand Customs Service.
After considering the responses, we found no reason why the orders and regulations should not be confirmed. We thank the departments for their responses and their cooperation with our processes for the bill.
Additional instrument to be confirmed
We recommend amending clause 12 of the bill to also include the Tariff (Specified Tobacco Products) Amendment Order 2024.
Due to an oversight, this order was not included in the bill as introduced. The order states that it was made under section 10 of the Tariff Act 1988. However, it was actually made under section 9 of the Act which means that the order is a confirmable instrument that would be revoked if not confirmed before 30 June 2025.
The amendment order provides for a more granular classification of certain heated tobacco products in the Tariff Act 1988. The amendment order does not alter duties under the Act.
Appendix
Committee process
The Secondary Legislation Confirmation Bill was referred to the committee on 25 July 2024.
We invited written submissions from the chief executives of the ministries responsible for administering the regulations confirmed by the bill. We received and considered four submissions.
Advice on the bill was provided by the Parliamentary Counsel Office. The Office of the Clerk provided advice on the bill’s legislative quality. The Parliamentary Counsel Office assisted with legal drafting.
Committee membership
Hon David Parker (Chairperson)
Ryan Hamilton
David MacLeod
Joseph Mooney
Hon Jenny Salesa
James Meager and Helen White also participated in our consideration of the bill.
Related resources
The documents received as advice and evidence are available on the Parliament website.