Dried Fruits Levy Collection Regulations (Amendment)

Overview

Statutory Rules 1975 No. 167, under the Dried Fruits Levy Collection Act 1971-1973, were enacted to refine the administrative mechanisms for levy collection, ensuring alignment with current nomenclature and departmental structures. This regulation was introduced by the Governor-General of Australia, acting on the advice of the Executive Council, to address inconsistencies in regulatory forms that could potentially cause confusion or administrative difficulties. The policy objective is to streamline the collection process for levies on dried fruits, ensuring that the forms used are consistent with contemporary language and organisational titles. This legislative instrument was designed to facilitate smoother operation and compliance within the sector by updating the language used in the regulatory forms from "Commonwealth of" to simply "Australia", and by updating references from "Ton" to "Tonne" and from "Department of Primary Industry" to "Department of Agriculture".

Scope and Application

The Dried Fruits Levy Collection Regulations 1975, made under the Dried Fruits Levy Collection Act 1971-1973, apply to any person or entity involved in the collection of a levy on dried fruits within the Commonwealth of Australia. The regulations specifically address the administrative and procedural aspects of levy collection, including modifications to the forms used for reporting and payment purposes. These forms, previously referencing "Commonwealth of" and "Ton," have been updated to use "Tonne" and reference the "Department of Agriculture" instead of the "Department of Primary Industry," reflecting changes in terminology and departmental restructuring. The regulations' adjustments are intended to streamline and modernise the compliance requirements for those subject to the levy, ensuring that the administrative framework remains current and accurate. The regulations do not specify exclusions, exemptions, or thresholds within their text, but these aspects would likely be defined in the parent act or other related instruments. The reach of these regulations is confined to the Commonwealth, ensuring a uniform approach to levy collection across Australia.

Key Provisions

The main operative sections of the Statutory Rules 1975 No. 167, made under the Dried Fruits Levy Collection Act 1971-1973, primarily involve amendments to the Dried Fruits Levy Collection Regulations. Specifically, the regulation amends the Schedule of the Regulations by modifying certain textual elements in the forms used under the Act (section 1). These modifications include the removal of specific wording and substitution of terms to better align with current nomenclature and departmental changes. For instance, it removes the phrase "Commonwealth of" and replaces "Ton" with "Tonne" in Form 1, and similarly adjusts terminology in Form 2 to reflect the change from "Department of Primary Industry" to "Department of Agriculture" (Schedule). The obligations and requirements imposed by these regulations on parties governed by the Act are primarily administrative and procedural. These changes necessitate that those who complete and submit forms under the Act, such as producers or handlers of dried fruits, update their documentation to reflect the new terminology. This ensures that all official records are consistent and up-to-date with the current legal and departmental standards. The modifications are straightforward, focusing on ensuring clarity and accuracy in the documentation submitted in compliance with the Act. Regarding any potential offences, penalties, or civil/criminal consequences for non-compliance, the regulations themselves do not explicitly outline specific penalties. However, under the parent Act, Dried Fruits Levy Collection Act 1971-1973, there are provisions that might apply. Generally, failure to comply with the requirements of the Act, such as providing incorrect or outdated information, could be seen as non-compliance with the statutory obligations. While the specific penalties are not detailed in these regulations, breaches of the Act could potentially lead to fines or other legal repercussions as prescribed by the Act. The exact nature and severity of these penalties would depend on the specific provisions of the parent Act and any relevant case law or administrative guidelines.