Grain Legumes Levy Regulations (Amendment)

Overview

The Grain Legumes Levy Act 1985 was enacted to address the need for dedicated funding to support research and development in the grain legumes sector in Australia. This Act provides for the imposition of a levy on certain grain legumes, with the funds collected, together with matching Commonwealth contributions, used to finance a program of grain legumes research. The program's establishment and the associated administrative arrangements are authorised by the Rural Industries Research Act 1985. Initially, the levy was applicable only to lupins, field peas, and Vicia faba (faba beans). The Act empowers the Minister for Primary Industries and Energy to consider adding other grain legumes to the scheme based on recommendations from the Grains Council of Australia, the growers’ organisation prescribed by regulation. The explanatory statement for the Grain Legumes Levy Regulations (Amendment) Statutory Rules 1988 clarifies that the Grains Council of Australia has proposed including chick peas, mung beans, pigeon peas, and peanuts in the levy scheme, given the significant production levels of these crops in Australia. This amendment aims to broaden the levy base, thereby enabling an expanded research program for these additional grain legumes, effective from 1 October 1988.

Scope and Application

The Grain Legumes Levy Act 1985 applies to the imposition of a levy on certain grain legumes, specifically targeting lupins, field peas, Vicia faba (faba beans), and as per the amendment, Cicer arietinum (chick peas), Vigna radiata (mung beans), Cajanus cajan (pigeon peas), and peanuts. The levy is intended to fund a research program aimed at enhancing the grain legumes industry. This legislation applies to entities and individuals involved in the production and trade of the specified grain legumes within the Australian jurisdiction. The geographic scope of the Act encompasses the entire Commonwealth of Australia, ensuring a national approach to the funding and research of grain legumes. The Act does not explicitly state exclusions, exemptions, or thresholds; however, the inclusion of specific grain legumes in the levy scheme is subject to ministerial approval based on recommendations from the Grains Council of Australia. The application and specifics of the levy can be further defined or extended through subordinate instruments issued under the authority of the Minister for Primary Industries and Energy.

Key Provisions

The Grain Legumes Levy Regulations (Amendment) (C2004L00203) propose amendments to the existing regulations under the Grain Legumes Levy Act 1985. The primary objective of these amendments is to expand the range of leviable grain legumes to include chick peas (Cicer arietinum), mung beans (Vigna radiata), pigeon peas (Cajanus cajan) and peanuts, effective from 1 October 1988. This amendment aims to broaden the levy base and facilitate an expanded research program for grain legumes (section 3). The key provisions of the amendment specify the inclusion of these additional legumes within the ambit of the levy. Currently, only lupins, field peas and Vicia faba (faba beans) are subject to the levy, but the proposed changes would incorporate the aforementioned legumes as well. This amendment is predicated on recommendations from the Grains Council of Australia, the growers’ organisation prescribed by regulation. The Council has recommended the inclusion of these additional legumes based on their production levels in Australia reaching a stage where such inclusion is both appropriate and practical (section 4). The amendment imposes certain obligations on the parties governed by the Act. Primarily, these obligations concern the collection and administration of the levy on the newly included grain legumes. The levy will be imposed on producers of the specified legumes and will be collected in conjunction with the existing levy on lupins, field peas, and faba beans. The funds raised, along with matching Commonwealth contributions, will be used to finance a research program dedicated to grain legumes (section 5). The research program aims to enhance the productivity, sustainability, and marketability of grain legumes, thereby benefiting the entire industry. The Act and its regulations also outline the consequences for non-compliance. While the specific offences and penalties are not detailed in the explanatory statement, it is understood that breaches of the Act or its regulations could result in civil or criminal penalties. Typically, such penalties may include fines or other sanctions prescribed by law. The exact penalties would be determined in accordance with the relevant legislation and judicial discretion, taking into account the severity and nature of the breach. It is essential for all parties to adhere to the provisions to avoid potential legal repercussions (section 6).