Grain Legumes Levy Regulations (Amendment) 1991 No. 47
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 47
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 matching Commonwealth funds to the level of 0.5% of the gross value of production, is used to finance a program of research of benefit to the grain legume industry. The administrative arrangements for the grain legumes research scheme are prescribed by the Primary Industries and Energy Research and Development Act 1989.
At present, leviable grain legumes include lupins, field peas, Vicia faba (faba beans), Cicer arietinum (chick peas), Vigna radiata and Vigna mungo (mung beans), Calanus cajan (pigeon peas) and peanuts. The maximum .levy rate allowable for any one grain legume is $5-00 per tonne. All leviable grain legumes are levied at the rate of $1-25 per tonne currently, except peanuts which attract a rate of $2-00 per tonne. Proposals to include additional grain legumes in the scheme, and their appropriate rate of levy, are considered by the Minister on the basis of recommendations by the growers' organisation, prescribed by regulation as the Grains Council of Australia.
The Grains Council of Australia has requested that Phaseolus vulgaris (navy beans) be added to the grain legumes research scheme and that the levy rate be $5-00 per tonne. Navy beans have a high unit value compared with other grain legumes covered by the scheme.
The proposed amendment to regulations provides for the inclusion of Phaseolus vulgaris as a leviable grain legume from 1 April 1991. Thus, levy would be imposed in respect of the entire 1991 crop. The grain legumes research levy has been attached to the Grains Research and Development Corporation (GRDC) with effect from 1 October 1990. The Commonwealth Government will contribute matching amounts to cover research expenditure recommended by the GRDC and approved by the Minister. In any one financial year, the Commonwealth contribution is limited to 0.5% of gross value of production.
The broadening of the levy base will permit an expanded navy bean research program which will assist the industry in further increasing its competitiveness.
Details of the proposed Regulations (Amendment) are set out in the attachment.
ATTACHMENT
GRAIN LEGUMES LEVY REGULATIONS (AMENDMENT)
Regulation 1 provides a commencement date for the regulations (Amendment).
Regulation 2 provides for the existing Grain Legumes Levy Regulations to be amended.
Regulation 3 adds Phaseolus vulgaris (navy beans) to the list of prescribed seeds defined as leviable grain legumes.
Regulation 4 provides for the rate of levy in respect of Phaseolus vulgaris to be $5.00 per tonne.
Overview
The Grain Legumes Levy Regulations (Amendment) 1991 No. 47, issued under the authority of the Minister for Primary Industries and Energy, amend the existing Grain Legumes Levy Regulations to address the need for an expanded research program to benefit the grain legume industry. Enacted by the Parliament of Australia, the primary objective of these amendments is to include Phaseolus vulgaris, commonly known as navy beans, within the scope of leviable grain legumes, thereby broadening the base for the research levy. This amendment responds to a recommendation from the Grains Council of Australia, which has identified the need for increased research funding for navy beans due to their higher unit value compared to other grain legumes currently covered by the scheme. The inclusion of navy beans, with a levy rate of $5.00 per tonne, aims to enhance the competitiveness of the industry by facilitating a more comprehensive research program.
Scope and Application
The Grain Legumes Levy Act 1985 applies to entities involved in the production and marketing of specified grain legumes within Australia. The Act mandates a levy on these leviable grain legumes, with proceeds used to fund a research program benefiting the grain legume industry. The levy is applied at the rate of $1.25 per tonne for most legumes, except peanuts which attract a rate of $2.00 per tonne. The administrative framework for the research scheme is governed by the Primary Industries and Energy Research and Development Act 1989. The Act's reach is national, applying across all states and territories of Australia. The amendment to the regulations, effective from 1 April 1991, includes Phaseolus vulgaris (navy beans) as a leviable grain legume at a levy rate of $5.00 per tonne. The Commonwealth Government matches the levy with funds up to a maximum of 0.5% of the gross value of production per financial year. The levy is managed by the Grains Research and Development Corporation (GRDC), which recommends and approves the research expenditure.
Key Provisions
The Grain Legumes Levy Regulations (Amendment) 1991 No. 47, as specified in Regulation 2, modify the existing Grain Legumes Levy Regulations to incorporate navy beans (Phaseolus vulgaris) as a leviable grain legume. Regulation 3 outlines this inclusion, and Regulation 4 sets the levy rate for navy beans at $5.00 per tonne, effective from 1 April 1991. These amendments are designed to support an expanded research program for navy beans, aiming to enhance the competitiveness of the grain legume industry.
The Act imposes several obligations on the parties involved. Firstly, growers of leviable grain legumes are required to pay the specified levy as stipulated in the regulations. This levy is collected to finance research programs that benefit the grain legume industry. Secondly, the Minister for Primary Industries and Energy has the authority to determine additional grain legumes to be included in the scheme and their corresponding levy rates, based on recommendations from the Grains Council of Australia, as noted in the explanatory statement. The Commonwealth Government's role includes providing matching funds to cover research expenditures recommended by the Grains Research and Development Corporation (GRDC), subject to a cap of 0.5% of the gross value of production.
Failure to comply with the requirements of the Grain Legumes Levy Act 1985 and its associated regulations could result in civil or criminal consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is typical for breaches of such legislation to incur fines or other penalties as prescribed by the relevant laws. The maximum penalties for such offences would be determined by the courts, taking into account the severity and circumstances of the breach. The inclusion of navy beans in the scheme aims to ensure that all parties adhere to these obligations to support the broader research and development initiatives in the grain legume sector.