EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 290
Issued by Authority of the Minister of State for Primary Industries and Energy
BARLEY RESEARCH (LEVY COLLECTION) ACT 1980
BARLEY RESEARCH (LEVY COLLECTION) REGULATIONS (AMENDMENT)
The Barley Research (Levy Collection) Act empowers the Governor-General to make regulations, not inconsistent with this Act, prescribing all matters that are prescribed or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act or for facilitating the collection or recovery of amounts of levy or penalty.
The aims of the amendments are to:
• standardise collection periods for grain levies, bringing Barley in line with those currently in place for Grain Legumes, Triticale and Wheat levies
- the Grains Council of Australia has indicated full support for the amendments, which should lead to savings in administrative effort for some levy payers
• remove gender connotations in the legislation.
• update Interpretations.
The amendments are purely technical in nature, there are no staffing implications, and any administrative costs associated with the changeover to the new arrangement can be absorbed.
It is proposed that the amendments come into effect from 1 July 1990 to ensure that first returns and payment of levies, due under the standardised collection arrangements by 28 October 1990, cover the first quarter of the new levy year. Under current Regulations the next returns are due on 14 September 1990, however if the draft Regulations are made before that date the amendments will have full effect without the need for retrospectivity. Details of the proposed amendments are set out in the attachment.
ATTACHMENT
BARLEY RESEARCH (LEVY COLLECTION) REGULATIONS (AMENDMENT)
• Definition of “authorised agent | - removes gender connotations. |
• Definition of “quarter” | amends the existing definition of quarter to read 3 month periods ending on the last day of September, December, March or June. These periods are consistent with those applying in respect of grain legumes, triticale and wheat levies. |
• Definition of “Department” | - is deleted as superfluous. |
• Definition of “Secretary” | - “is simplified. |
• Definition of “the Act” | is amended to correctly refer to the Barley Research Levy Collection Act 1980 |
Regulation 3 | requires that the levy be due and payable upon the expiration of 28 days following the end of each quarterly period, consistent with the conditions applying to grain legumes, triticale and wheat levies. |
Regulation 5 | |
• Subregulation 5(1) | - removes gender connotations. |
Regulation 6 | |
• Subparagraph 6(a)(i) | - as above. |
Paragraph 6(b) | - ‘requires that levy returns be lodged within 28 days after the end of the quarter to which it relates, consistent with conditions applying to grain legumes, triticale and wheat levies. |
Regulation 7 | - removes gender connotations. |
Regulation 8 | - as ab-,e. |
Schedule | - as above. |
| correct.? a date anomaly in the [Illegible] block. |
Overview
The Barley Research (Levy Collection) Regulations (Amendment) 1990 were enacted to refine the administrative processes around the collection of levies under the Barley Research (Levy Collection) Act 1980. These amendments were introduced to address issues of administrative efficiency and gender inclusivity within the regulatory framework. The Barley Research (Levy Collection) Act 1980 was enacted to facilitate the collection of levies for barley research purposes, and these amendments aimed to standardise collection periods, remove gender-specific language, and update interpretations in the regulations. The regulatory amendments were made under the authority of the Minister of State for Primary Industries and Energy, ensuring alignment with other grain levies and simplifying definitions for better clarity and consistency. The policy objective of these changes was to reduce administrative burden on levy payers and ensure a gender-neutral legislative environment.
Scope and Application
The Barley Research (Levy Collection) Regulations (Amendment) is an amendment to the Barley Research (Levy Collection) Act 1980, which pertains to the collection of levies on barley for research purposes. This regulation applies to all entities involved in the production, handling, and sale of barley within Australia, encompassing individuals and corporate entities alike. The geographic scope of the Act is national, as it applies across all states and territories within the Commonwealth of Australia. The amendments serve to standardise collection periods for grain levies, aligning barley with the existing collection periods for grain legumes, triticale, and wheat levies, thereby reducing administrative burden and ensuring uniformity. Furthermore, the amendments update and refine definitions to remove gender connotations and correct minor anomalies, ensuring the legislation remains current and non-discriminatory. These amendments do not introduce any new exclusions or exemptions but are purely technical, designed to streamline the collection process. The regulation’s application can be extended or restricted through subordinate instruments, although the current amendments focus on procedural and definitional clarity.
Key Provisions
The Barley Research (Levy Collection) Regulations (Amendment) (No. 2) Statutory Rules 1990 No. 290 propose several key amendments to the existing regulations under the Barley Research (Levy Collection) Act 1980. These amendments are primarily technical, aimed at standardising the collection periods for grain levies, removing gender connotations from the legislation, and updating various interpretations to ensure consistency with other grain levies. Regulation 3 mandates that the levy becomes due and payable 28 days after the end of each quarterly period, aligning with the conditions for grain legumes, triticale, and wheat levies. This ensures that the collection periods are standardised, making administrative processes more efficient for levy payers.
The amendments also impose specific obligations on the parties governed by these regulations. For instance, Regulation 5 removes gender-specific language, ensuring that the language used in the regulations is inclusive and non-discriminatory. Similarly, Regulation 6 stipulates that levy returns must be lodged within 28 days after the end of the relevant quarter, which is consistent with the requirements for other grain levies. These obligations are designed to streamline the administrative processes and reduce the burden on levy payers.
Any breaches of these regulations could lead to civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of levy collection regulations typically attract penalties under the primary Act or related legislation. The Barley Research (Levy Collection) Act 1980 would likely impose fines or other sanctions for non-compliance. The maximum penalties could vary depending on the nature and severity of the breach, but they are intended to enforce compliance with the levy collection process and ensure the smooth functioning of the regulatory framework.