Coarse Grains Levy Repeal Regulations 1999 1999 No. 123
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 123
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry.
Coarse Grains Levy Repeal Regulations 1999
The purpose of the regulations is to repeal redundant regulations.
Section 8 of the Primary Industries (Excise) Levies Act 1999 (the Excise Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted under the Excise Act or that are necessary or convenient to be prescribed for carrying out or giving effect to the Excise Act.
Background/context
The Excise Act provides for the imposition of levies that are duties of excise that may be applied to the produce of a primary industry. From 1 July 1999 the Excise Act will subsume a number of levy Acts including the Coarse Grains Levy Act 1992.
With the commencement of the Excise Act and the Primary Industries Levies and Charges Regulations, the Coarse Grains Levy Regulations, which include coarse grains provisions, will become redundant. It is good administrative practice to repeal the unnecessary regulations.
Overview
The Coarse Grains Levy Repeal Regulations 1999 were enacted to address the redundancy of certain regulations following the implementation of the Primary Industries (Excise) Levies Act 1999. This Act, which was enacted by the Australian Parliament, aimed to consolidate various levies under a single legislative framework, thereby streamlining the regulatory environment for primary industries. The Coarse Grains Levy Repeal Regulations 1999, issued under the authority of the Minister for Agriculture, Fisheries and Forestry, were made to repeal the Coarse Grains Levy Regulations 1992, which had become unnecessary following the introduction of the Excise Act and the Primary Industries Levies and Charges Regulations. This repeal is a measure to ensure administrative efficiency and clarity by removing outdated regulations.
Scope and Application
The Coarse Grains Levy Repeal Regulations 1999 apply to the repeal of the Coarse Grains Levy Regulations which were previously established under the Coarse Grains Levy Act 1992. These regulations are repealed to align with the new legislative framework provided by the Primary Industries (Excise) Levies Act 1999 (the Excise Act). The Repeal Regulations serve to remove redundant provisions that are no longer necessary following the subsumption of the Coarse Grains Levy Act by the Excise Act and the introduction of the Primary Industries Levies and Charges Regulations. The regulations are made under the authority granted by section 8 of the Excise Act, which allows the Governor-General to prescribe matters necessary for the implementation of the Act. These regulations apply to all persons and entities previously subject to the Coarse Grains Levy Regulations, ensuring that the transition to the new legislative regime is smooth and legally coherent. There are no specific exclusions or thresholds mentioned in the Explanatory Statement, and the repeal is a national measure affecting all relevant industries and conduct within Australia.
Key Provisions
The Coarse Grains Levy Repeal Regulations 1999 (No. 123) primarily serve to repeal existing regulations that have become redundant as of 1 July 1999. These regulations are made under the authority granted by Section 8 of the Primary Industries (Excise) Levies Act 1999 (the Excise Act). Specifically, Section 8 of the Excise Act allows the Governor-General to make regulations necessary for the implementation and enforcement of the Act, including any required or permitted matters. The purpose of these particular regulations is to repeal the Coarse Grains Levy Regulations, which were previously established under the Coarse Grains Levy Act 1992. These older regulations, which were concerned with the imposition of levies on coarse grains, are no longer necessary following the enactment of the Excise Act and its accompanying regulations.
The obligations imposed by these repeal regulations are primarily administrative in nature. They require the cancellation and removal of the outdated Coarse Grains Levy Regulations from the legislative framework, ensuring that no conflicting or redundant regulations remain in effect. The repeal effectively eliminates the need for compliance with the now-superseded regulations, streamlining the administrative process for parties previously subject to those provisions. This ensures that the regulatory environment is updated and consistent with the current legislative framework established by the Excise Act.
In terms of consequences for non-compliance or breach, the Coarse Grains Levy Repeal Regulations themselves do not create new offences or penalties. However, it is essential to note that any previous obligations under the repealed Coarse Grains Levy Regulations no longer apply. Failure to adhere to the repealed regulations after their repeal date would not result in penalties under the Excise Act, as those regulations are no longer in force. Instead, any actions or obligations that were previously governed by the repealed regulations must now align with the provisions of the Excise Act and the Primary Industries Levies and Charges Regulations. The primary consequence of failing to update practices to comply with the current legislation would be the potential for non-compliance with applicable laws, which could lead to administrative or legal repercussions as determined by the relevant authorities.