Overview

The Coarse Grains Levy (Consequential Provisions) Act 1992, enacted by the Parliament of Australia, was introduced to address the legislative changes arising from the establishment of the Coarse Grains Levy Act 1992. This Act was designed to enact certain saving provisions, repeal specific acts, and amend the Primary Industries Levies and Charges Collection Act 1991 in light of the new levy structure. The primary objective of the Act is to ensure a smooth transition by maintaining the continuity of levy impositions and addressing any gaps or inconsistencies that might arise from the repeal of previous acts. This includes the repeal of the Barley Research Levy Act 1980 and the Triticale Levy Act 1988, and the consequential amendments to the Primary Industries Levies and Charges Collection Act 1991 to reflect the new levy framework established by the Coarse Grains Levy Act 1992.

Scope and Application

The Coarse Grains Levy (Consequential Provisions) Act 1992 applies to entities involved in the production and levy collection of coarse grains, grain legumes, and oil seeds, ensuring that the legal framework is updated and aligned with the new Coarse Grains Levy Act 1992. This Act repeals previous legislation such as the Barley Research Levy Act 1980 and the Triticale Levy Act 1988, while making necessary amendments to the Primary Industries Levies and Charges Collection Act 1991. The amendments apply to levies imposed after the commencement of the Coarse Grains Levy Act 1992, with specific provisions ensuring that repealed Acts continue to apply to levies imposed before the commencement of this Act. The geographic reach of the Act is national, as it impacts all entities involved in the specified industries across Australia. Any subordinate instruments or regulations made under the Act may further extend or restrict its application, but the primary focus remains on the legislative changes necessitated by the introduction of the Coarse Grains Levy Act 1992.

Key Provisions

The Coarse Grains Levy (Consequential Provisions) Act 1992 (Cth) primarily serves to enact saving provisions, repeal certain Acts, and amend the Primary Industries Levies and Charges Collection Act 1991, in response to the enactment of the Coarse Grains Levy Act 1992 (section 1-6). The Act commences on the same day as the Coarse Grains Levy Act 1992 (section 2). It amends the Primary Industries Levies and Charges Collection Act 1991 by updating the definition of 'producer' to include only 'leviable coarse grain, leviable grain legumes, or leviable oil seeds' instead of 'barley, leviable grain legumes, leviable oil seeds, or leviable grain' (Schedule, section 3). Additionally, it modifies the references within the Primary Industries Levies and Charges Collection Act 1991 to replace mentions of the repealed Barley Research Levy Act 1980 and Triticale Levy Act 1988 with the Coarse Grains Levy Act 1992 (Schedule, section 2). This Act imposes obligations on the entities governed by it, specifically requiring compliance with the amended Primary Industries Levies and Charges Collection Act 1991 as per the changes outlined in the Schedule. The amendments necessitate that producers now only include those involved in the production of leviable coarse grains, grain legumes, or oil seeds. Any references to the repealed Acts in the Primary Industries Levies and Charges Collection Act 1991 must now point to the Coarse Grains Levy Act 1992. This means that the collection and administration of levies must align with the new definitions and references, ensuring that all parties involved understand their obligations under the updated framework. The Act also addresses the consequences of non-compliance or breaches of its provisions. While the Act itself does not explicitly detail offences, penalties, or civil/criminal consequences for breaches, it is reasonable to infer that any failure to comply with the amended Primary Industries Levies and Charges Collection Act 1991, which is enforced by the Coarse Grains Levy Act 1992, would be subject to the penalties specified within that Act. These could include fines or other administrative actions as stipulated under the broader framework of the Primary Industries Levies and Charges Collection Act 1991. The exact penalties would depend on the nature and severity of the breach, as well as any relevant administrative or judicial interpretations.