EXPLANATORY STATEMENT
Statutory Rules 1987 No. 183
Issued by the Authority of the Minister for Primary Industries and Energy
BARLEY RESEARCH LEVY ACT 1980
BARLEY RESEARCH LEVY REGULATIONS (AMENDMENT)
Under the Barley Research Levy Act 1980 levy is imposed on barley delivered by the grower to another person other than for storage on behalf of the grower and the money raised, together with a Commonwealth contribution, is used to fund barley research.
The Act provides for the relevant growers’ organisation to be consulted before changes are made to certain aspects of the research scheme arrangements. Under the Act this is the Australian Wheatgrowers’ Federation. However the Federation changed its name to the Grains Council of Australia by amendment to is Constitution in October 1986 and it is appropriate that the Grains Council of Australia be prescribed as the growers’ organisation.
Overview
The Barley Research Levy Act 1980 was enacted by the Parliament of Australia to establish a levy on barley delivered by growers to another person, excluding instances where the delivery is for storage on behalf of the grower. The primary purpose of this legislation is to raise funds, in conjunction with a Commonwealth contribution, specifically for barley research. The collected revenue is intended to support research initiatives that benefit the barley industry. The Act initially designated the Australian Wheatgrowers' Federation as the growers' organisation to be consulted on changes to research scheme arrangements. However, following a name change of the Federation to the Grains Council of Australia in October 1986, the Barley Research Levy Regulations (Amendment) 1987 were introduced to reflect this change, ensuring that the Grains Council of Australia is appropriately recognised as the relevant growers' organisation.
Scope and Application
The Barley Research Levy Act 1980 applies to barley growers who deliver barley to another person, excluding transactions where the delivery is solely for storage on behalf of the grower. The Act imposes a levy on such deliveries, with the funds, combined with a Commonwealth contribution, being allocated to finance research related to barley. The geographic reach of the Act is national, as it applies across Australia. The Act also stipulates that the relevant growers' organisation must be consulted before any changes are made to the research scheme arrangements, with the Grains Council of Australia being the designated organisation following the Australian Wheatgrowers’ Federation's name change in 1986. The Barley Research Levy Regulations (Amendment) further refine the application of the Act by updating the prescribed growers' organisation and may extend or restrict the application through subordinate instruments, ensuring the levy system remains effective and relevant.
Key Provisions
The Barley Research Levy Regulations (Amendment) 2004 amends the existing Barley Research Levy Regulations to update the designation of the growers’ organisation responsible for consultation on changes to the research scheme. Under the Barley Research Levy Act 1980 (Section 2(1)), a levy is imposed on barley delivered by the grower to another person, other than for storage on behalf of the grower. The proceeds of this levy, combined with a Commonwealth contribution, are used to fund barley research. The main amendment in these regulations involves the substitution of the Australian Wheatgrowers’ Federation with the Grains Council of Australia as the designated growers’ organisation (Section 3(1)). This change reflects the name change of the Australian Wheatgrowers’ Federation to the Grains Council of Australia, which occurred in October 1986.
The Barley Research Levy Regulations (Amendment) 2004 impose obligations on the Grains Council of Australia to be consulted by the relevant authorities before any changes are made to the research scheme arrangements (Section 3(2)). This ensures that the growers’ interests are represented and considered in any modifications to the funding and research activities under the Barley Research Levy Act 1980. The Grains Council of Australia is expected to provide input and feedback on proposed changes to ensure they align with the needs and priorities of the barley growers.
In the event of a breach of the Barley Research Levy Act 1980 or the Barley Research Levy Regulations, there are potential penalties and consequences. The Act does not explicitly state the penalties for non-compliance with the regulations, but breaches of similar legislative frameworks typically incur fines or other civil penalties. It is important for entities and individuals governed by the Barley Research Levy Act 1980 to adhere to the regulations to avoid any legal repercussions. Failure to comply with the prescribed consultation requirements or other statutory obligations may result in administrative actions, including fines, or other legal consequences as determined by relevant authorities.