Cotton Research Levy Regulations
Statutory Rules 1988 No. 212 as amended
made under the
Cotton Levy Act 1982
This compilation was prepared on 1 July 2001
taking into account amendments up to SR 2001 No. 111
[Note: This Statutory Rule was repealed by SR 2001 No. 111]
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Citation [see Note 1]
2 Commencement
3 Interpretation
4 Rate of levy
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Cotton Research Levy Regulations.
2 Commencement
These Regulations commence on 1 January 1989.
3 Interpretation
In these Regulations the Act means the Cotton Levy Act 1982.
4 Rate of levy
For the purposes of subsection 5 (2) of the Act, the rate of levy in respect of leviable cotton is $1.75 per 227 kilograms.
Notes to the Cotton Research Levy Regulations
Note 1
The Cotton Research Levy Regulations (in force under the Cotton Levy Act 1982) as shown in this compilation comprise Statutory Rules 1988 No. 212 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1988 No. 212 | 26 Aug 1988 | 1 Jan 1989 | |
1991 No. 402 | 12 Dec 1991 | 1 Jan 1992 | — |
2001 No. 111 | 6 June 2001 | 1 July 2001 | R. 4 |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 4................. | am. 1991 No. 402 |
Table A Application, saving or transitional provisions
Statutory Rules 2001 No. 111
4 Transitional
Despite the repeal of regulations by Schedule 1 to these Regulations, those regulations (as in force immediately before the commencement of Schedule 1) continue to have effect in relation to levies and charges imposed before the commencement of Schedule 1.
Overview
The Cotton Research Levy Regulations, Statutory Rules 1988 No. 212, were enacted under the Cotton Levy Act 1982 to establish a levy on leviable cotton for the funding of cotton research and development activities. This legislative instrument addresses the need for a structured financial mechanism to support research and development in the cotton industry. The Regulations, which came into effect on 1 January 1989, were subject to amendments over the years, with the most recent amendment being Statutory Rules 2001 No. 111. These Regulations were repealed by Statutory Rules 2001 No. 111, which came into effect on 1 July 2001. The policy objective of these Regulations is to ensure that sufficient funds are available for research and development efforts that enhance the productivity, sustainability, and competitiveness of the Australian cotton industry.
Scope and Application
The Cotton Research Levy Regulations, enacted under the Cotton Levy Act 1982, apply to entities involved in the cotton industry, specifically those who are liable to pay a levy on leviable cotton. This levy is intended to fund research and development within the cotton industry. The regulations establish a rate of levy of $1.75 per 227 kilograms of leviable cotton and came into effect on 1 January 1989. The scope of these regulations extends nationally, impacting all entities within Australia that fall under the definition of the cotton industry as outlined in the Act. While the primary focus is on the cotton sector, the regulations do not explicitly exclude any particular entities or transactions, suggesting a broad application across the industry. The regulations are subject to amendment through subordinate instruments, as evidenced by the changes made in 1991 and the subsequent repeal in 2001, although transitional provisions ensure that previously imposed levies remain enforceable under the repealed regulations.
Key Provisions
The Cotton Research Levy Regulations (SR 1988 No. 212 as amended), made under the Cotton Levy Act 1982, are the primary governing rules for the implementation of the cotton research levy. These regulations were originally published on 1 July 2001, taking into account amendments up to SR 2001 No. 111, although it should be noted that these regulations have since been repealed by SR 2001 No. 111. Section 1 of the regulations allows them to be cited as the Cotton Research Levy Regulations, while Section 2 specifies that they commenced on 1 January 1989. The interpretation section (Section 3) clarifies that the term "Act" refers to the Cotton Levy Act 1982. The rate of levy, as stipulated in Section 4, is set at $1.75 per 227 kilograms of leviable cotton for the purposes of subsection 5(2) of the Act.
The obligations imposed by these regulations on the parties and entities they govern primarily revolve around the collection and payment of the cotton research levy. Section 4 explicitly states the rate of levy, which is $1.75 per 227 kilograms of leviable cotton. This levy is intended to fund research activities related to the cotton industry. Parties subject to these regulations must ensure that they accurately calculate and remit the levy to the relevant authorities as per the specified rate. Additionally, entities involved in the handling or processing of leviable cotton must maintain records and documentation to substantiate their compliance with the levy requirements.
In terms of breaches and penalties, the Cotton Research Levy Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance within the provided text. However, under the Cotton Levy Act 1982, which these regulations are made pursuant to, there are provisions for enforcement actions. Typically, non-compliance with levy requirements can lead to civil or criminal penalties, depending on the severity and intent of the breach. In cases of willful or negligent non-compliance, maximum penalties could include fines and, in some instances, imprisonment. It is crucial for entities to adhere to the regulatory requirements to avoid such legal repercussions.