Grain Legumes Levy Legislation Amendment Act 1989

Overview

The Grain Legumes Levy Legislation Amendment Act 1989, enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, amends the Grain Legumes Levy Act 1985. The primary aim of this amendment is to expand the definition of leviable grain legumes to include peanuts, thereby ensuring that a broader range of legumes are subject to the applicable levy. This amendment also adjusts the rates of the levy for different types of legumes, setting a specific rate for peanuts and another for other leviable grain legumes, while retaining flexibility for future adjustments within a prescribed limit. The enactment addresses the need to modernise the regulatory framework for grain legumes to include emerging economic and agricultural developments, specifically the growing significance of peanuts in the Australian agricultural sector.

Scope and Application

The Grain Legumes Levy Legislation Amendment Act 1989 amends the Grain Legumes Levy Act 1985 to update the scope and rates of the levy imposed on certain grain legumes, specifically including peanuts. This Act applies to any person or entity involved in the production, processing, or sale of leviable grain legumes within the Commonwealth of Australia, with a particular focus on those who handle peanuts, as defined in the Act as peanuts in shells. The geographic reach of the Act is national, applying to all entities operating within Australia. The Act introduces new definitions and levy rates for peanuts, with a rate of $2.00 per tonne, while maintaining the previous rates for other leviable grain legumes. The Act also amends the Grain Legumes Levy Regulations to specify the types of leviable grain legumes and repeals the Grain Legumes Research Levy Regulations. The application of the Act can be further detailed or modified through subordinate instruments, allowing for adjustments to the rates and types of legumes subject to the levy.

Key Provisions

The Grain Legumes Levy Legislation Amendment Act 1989 (section 1) modifies the Grain Legumes Levy Act 1985 (referred to as the Principal Act). The act introduces specific amendments to the definitions and rates of levies for certain grain legumes, as well as making changes to the regulations. Firstly, section 3 amends the definition of "leviable grain legumes" in section 4 of the Principal Act by adding peanuts, defined as peanuts in shells, to the list (section 3(a)). The commencement of the levy for peanuts is tied to the date of commencement of this amending act (section 4). Section 7 of the Principal Act is repealed and replaced with new provisions that specify the rates of levy. The new section 7(1) sets the rate of levy for peanuts at $2.00 per tonne, with a provision that allows for rates up to $5.00 per tonne to be prescribed, while section 7(2) establishes the rate for other leviable grain legumes at $1.25 per tonne, also with a provision for rates up to $5.00 per tonne to be prescribed (section 7(3)). The obligations imposed by this act on the parties it governs include compliance with the new definitions and levy rates. Producers and handlers of leviable grain legumes, including peanuts, must adhere to the new definitions and ensure that the correct levy rates are applied. The act also mandates that any regulations made under the Principal Act must align with the changes introduced by this legislation. Specifically, regulation 4 of the Grain Legumes Levy Regulations is amended to list the prescribed leguminous plants, excluding peanuts which are now separately defined and levied (section 6). The Grain Legumes Research Levy Regulations are repealed as part of this legislative amendment (section 7). Breaches of this act and the regulations it modifies can result in various civil and criminal consequences. While the act does not explicitly detail the penalties for non-compliance, breaches of the Principal Act or its regulations could potentially lead to fines or other legal actions as stipulated by the original act or related legislation. The exact penalties would depend on the specific nature of the breach and any applicable provisions in the Principal Act or other relevant laws. Given the potential for significant economic impact due to the financial nature of the levies, compliance is critical for all parties involved.