Grain Legumes Levy Regulations (Amendment) 1992 No. 442
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 442
Issued by the Authority of the Minister for Primary Industries and Energy
GRAIN LEGUMES LEVY ACT 1985
GRAIN LEGUMES LEVY REGULATIONS (AMENDMENT)
The Grain Legumes Levy Act 1985 (the Act) provides for the imposition of a levy on leviable grain legumes. The amount raised by the levy, along with a Commonwealth contribution, are used to finance a program of research of benefit to the grain legumes industry. The administrative arrangements for the grain legumes research scheme are prescribed by the Primary Industries and Energy Research and Development Act 1989.
Currently, leviable grain legumes include lupins, field peas, Vicia faba (faba beans), Cicer arietinum (chick peas), Vigna radiata, Vigna mungo (mung beans), Cajanus cajan (pigeon peas), peanuts and Phaseolus vulgaris (navy beans). The maximum levy rate allowable is 3 per cent of the value of the leviable grain legume. Currently, a 1 per cent ad valorem levy applies for all leviable grain legumes. Proposals to include additional grain legumes in the grain legumes research scheme, and their appropriate rate of levy, are based on recommendations to the Minister by the growers' organisation, prescribed by regulation as the Grains Council of Australia.
The Grains Council of Australia has requested that Lens culinaris (lentils), Vicia sativa (vetch), Vigna unquiculata and Vigna vexillata (cowpeas) be added to the scheme and that the levy rate be 1 per cent of the value, in line with the rate currently applying to all leviable grains.
The proposed amendment to regulations provides for the inclusion of these species as leviable grain legumes from 1 January 1993, which coincides with the commencement of the second quarterly collection period for the current season.
The grain legumes research levy is paid to the Grains Research and Development Corporation (GRDC) with the Commonwealth Government contributing matching amounts to a maximum of 0.5 per cent of the gross value of production calculated as prescribed by regulation. These funds are to cover research agreed by the GRDC consistent with annual operational plans approved by the Minister.
The broadening of the levy base will permit an expanded research program for these grain legumes which will assist the industry in further increasing its competitiveness.
Details of the proposed Regulations (Amendment) are:
Regulation 1 provides a commencement date for the regulations.
Regulation 2 provides for the existing Grain Legumes Levy Regulations to be am ended.
Regulation 3 adds Lens culinaris (lentils), Vicia sativa (vetch), Vigna unguiculata and Vigna vexillata (cowpeas) to the list of prescribed seeds defined as leviable grain legumes.
Regulation 4 omits regulation 5 that prescribed a different levy rate per tonne for Phaseolus vulgaris (navy beans) which is now the ad valorem rate of 1 per cent applying to all leviable grain legumes.
Overview
The Grain Legumes Levy Act 1985 was enacted to provide for the imposition of a levy on certain grain legumes, with the proceeds used to fund research beneficial to the grain legumes industry. The Act was designed to address the need for industry-specific research funding, ensuring that the grain legumes sector could benefit from targeted research initiatives. The levy, along with a Commonwealth contribution, is administered by the Grains Research and Development Corporation (GRDC) to support research aligned with the industry's needs. The Grain Legumes Levy Regulations (Amendment) 1992 No. 442, issued under the authority of the Minister for Primary Industries and Energy, aims to broaden the scope of the levy to include additional grain legumes, such as lentils, vetch, cowpeas, and others, thereby expanding the research program and supporting the industry's growth and competitiveness.
Scope and Application
The Grain Legumes Levy Act 1985 applies to all entities involved in the production and trading of specified grain legumes in Australia. The Act imposes a levy on these legumes, with the funds collected, alongside a Commonwealth contribution, directed towards financing research initiatives that benefit the grain legumes industry. The levy is administered by the Grains Research and Development Corporation (GRDC), with the Commonwealth Government matching the levy amount up to a specified percentage of the gross value of production. This legislation extends its reach to all grain legumes producers and traders within Australia, and its application is facilitated through the Primary Industries and Energy Research and Development Act 1989. The proposed amendment to the regulations, which include additional legumes such as lentils, vetch, cowpeas, and others, and maintain the same levy rate as currently applied, aims to broaden the research base and support the competitiveness of the grain legumes industry. The amendment also removes the previous distinct levy rate for navy beans, aligning it with the general 1 per cent ad valorem rate.
Key Provisions
The main operative sections of the Grain Legumes Levy Regulations (Amendment) 1992 No. 442, as provided by the explanatory statement, include Regulation 1, which sets the commencement date for the regulations, and Regulation 2, which amends the existing Grain Legumes Levy Regulations. Regulation 3 adds lentils, vetch, cowpeas, and Vigna unguiculata to the list of leviable grain legumes, while Regulation 4 removes the specific rate per tonne for Phaseolus vulgaris (navy beans) by applying the ad valorem rate of 1 per cent to all leviable grain legumes.
The obligations imposed by these regulations are primarily on the Grains Council of Australia, who have made the recommendations to the Minister for Primary Industries and Energy regarding the inclusion of additional grain legumes in the research scheme. The Grains Council of Australia is a prescribed growers' organisation under the Grain Legumes Levy Act 1985, and is responsible for making recommendations to the Minister about the inclusion of additional grain legumes in the research scheme, as well as their appropriate rate of levy.
In terms of penalties and consequences, the explanatory statement does not provide specific details about any offences, penalties, or civil/criminal consequences for breach of the regulations. However, it is likely that any breaches of the regulations would be subject to the provisions of the Grain Legumes Levy Act 1985, which may include fines or other penalties. The maximum penalties for breaches of the Act are not specified in the explanatory statement.
Overall, the Grain Legumes Levy Regulations (Amendment) 1992 No. 442 aim to broaden the levy base for grain legumes, which will permit an expanded research program for these legumes and assist the industry in further increasing its competitiveness. The regulations impose obligations on the Grains Council of Australia to make recommendations to the Minister for Primary Industries and Energy regarding the inclusion of additional grain legumes in the research scheme, and any breaches of the regulations may be subject to penalties under the Grain Legumes Levy Act 1985.