Barley Research Levy Regulations (Amendment)

Overview

The Barley Research Levy Regulations (Amendment) 1985 were enacted to adjust the levy on barley produced in Australia, as stipulated under the Barley Research Levy Act 1980. This amendment was introduced to address the need for additional funding to support research within the barley industry across the states. The Barley Research Levy Act 1980 originally set a levy rate of 30 cents per tonne, but the amendment increased this to 35 cents per tonne to maintain the real value of moneys available for research, enabling research funding bodies to sustain and expand their initiatives despite seasonal fluctuations. The amendment was enacted by the Governor-General under the authority of the Minister for Primary Industry, following a recommendation from the Australian Wheatgrowers’ Federation and agreement from the Minister. The policy objective of the amendment aligns with the government’s broader goal of encouraging rural industry research, aiming for industry contributions to reach 0.5% of the gross value of the industry’s production within five years.

Scope and Application

The Barley Research Levy Regulations (Amendment) Statutory Rules 1985 No. 243, issued by the Authority of the Minister for Primary Industry, modify the rate of levy imposed by the Barley Research Levy Act 1980 on barley produced in Australia and harvested on or after 1 September 1980. This Act applies to barley growers who deliver their produce to another person for purposes other than storage on behalf of the grower. The amendment seeks to increase the rate of the levy from 30 cents per tonne to 35 cents per tonne, reflecting a recommendation from the Australian Wheatgrowers’ Federation and an agreement with the Minister for Primary Industry. This adjustment aims to sustain the real value of funds available for barley industry research and support the government's goal of increasing industry contributions to rural research. The increase represents a rise from 0.21% to 0.24% of the barley industry's gross value of production. The regulations will take effect from 1 November 1985 and are applicable nationally within Australia.

Key Provisions

The Barley Research Levy Regulations (Amendment) primarily modify the rate of the levy imposed by the Barley Research Levy Act 1980 (the Act). Under Section 6 of the Act, the current levy rate is set at 30 cents per tonne; however, the Amendment proposes to increase this rate to 35 cents per tonne. This change is intended to provide additional funding for barley industry research, ensuring the real value of the funds remains stable despite inflationary pressures and to support ongoing research initiatives regardless of seasonal fluctuations. The new rate is within the permitted range under the Act, which allows for a levy up to 50 cents per tonne. The amendment comes into effect on 1 November 1985, as stipulated by the proposed Regulations. The Barley Research Levy Regulations (Amendment) impose specific obligations on growers and other entities involved in the barley industry. Growers who deliver barley to another person, other than for storage on behalf of the grower, are required to pay the increased levy of 35 cents per tonne. This levy must be paid when the barley is delivered, and the payment must be made to the relevant research funding bodies as prescribed by the Act. The Amendment requires these bodies to account for the increased levy in their budgeting and financial planning to ensure that the additional funds are properly allocated towards research initiatives. Furthermore, the Australian Wheatgrowers’ Federation and the Minister for Primary Industry must follow the procedures outlined in sub-section 9(3) of the Act, which mandates that any recommendation by the Federation regarding the levy rate be considered before the Governor-General makes the final decision. The Barley Research Levy Regulations (Amendment) outline specific consequences for non-compliance with the new levy requirements. Under the Act, failure to pay the increased levy of 35 cents per tonne when delivering barley could result in civil penalties. The exact nature and extent of these penalties are not specified in the Amendment, but they generally could include fines or other financial penalties. Additionally, continued non-compliance could lead to further enforcement actions, including potential legal proceedings to recover the unpaid levy. It is important for all parties involved in the barley industry to adhere to these new requirements to avoid any adverse legal or financial consequences.