Grain Legumes Levy Regulations
Statutory Rules 1986 No. 309 as amended
made under the
Grain Legumes Levy Act 1985
This compilation was prepared on 9 August 2002
taking into account amendments up to SR 1999 No. 304
[Note: These regulations were repealed by SR 1999 No. 304]
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Citation [see Note 1]
2 Interpretation
3 Prescribed organisation for purposes of the definition of growers' organisation in subsection 4 (1) of the Act
4 Prescribed seeds for purposes of the definition of leviable grain legumes in subsection 4 (1) of the Act
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Grain Legumes Levy Regulations.
2 Interpretation
In these Regulations, the Act means the Grain Legumes Levy Act 1985.
3 Prescribed organisation for purposes of the definition of growers' organisation in subsection 4 (1) of the Act
For the purposes of the definition of growers’ organisation in subsection 4 (1) of the Act, the following organisation is prescribed, namely, the Grains Council of Australia.
4 Prescribed seeds for purposes of the definition of leviable grain legumes in subsection 4 (1) of the Act
For the purposes of the definition of leviable grain legumes in subsection 4 (1) of the Act, seeds of the following kinds, being seeds of leguminous plants, are prescribed, namely, seeds of the plant species Vicia faba, Cicer arietinum, Vigna radiata, Cajanus cajan, Vigna mungo, Phaseolus vulgaris, Lens culinaris, Vicia sativa, Vigna unguiculata and Vigna vexillata.
Notes to the Grain Legumes Levy Regulations
Note 1
The Grain Legumes Levy Regulations (in force under the Grain Legumes Levy Act 1985) as shown in this compilation comprise Statutory Rules 1986 No. 309 amended as indicated in the Tables below.
The Grain Legumes Levy Regulations were amended by the Grain Legumes Levy Legislation Amendment Act 1989. The amendments are incorporated in this compilation.
For application, saving or transitional provisions relating to the amendment see subsection 6 (2) of the abovementioned Act.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1986 No. 309 | 27 Oct 1986 | 27 Oct 1986 | |
19086 No. 321 | 31 Oct 1986 | 1 Dec 1986 | — |
1988 No. 235 | 30 Sept 1988 | 1 Oct 1988 | — |
1991 No. 47 | 28 Mar 1991 | 1 Apr 1991 | — |
1992 No. 442 | 24 Dec 1992 | 1 Jan 1993 | — |
1999 No. 304 | 15 Dec 1999 | Rr. 1–4 and Schedule 1: 1 July 1999
Schedule 2: 1 Jan 2000 | R. 4
[see Table A] |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 4................. | ad. 1986 No. 321 |
| am. 1988 No. 235; Act No. 158, 1989; 1991 No. 47; 1992 No. 442 |
R. 5................. | ad. 1991 No. 47 |
| rep. 1992 No. 442 |
Table A Application, saving or transitional provisions
Statutory Rules 1999 No. 304
4 Savings for regulations repealed by Schedule 2
Despite the repeal of regulations by Schedule 2 to these Regulations, those regulations (as in force immediately before the commencement of Schedule 2) continue to have effect in relation to levies and charges imposed before the commencement of Schedule 2.
Overview
The Grain Legumes Levy Regulations 1986, made under the Grain Legumes Levy Act 1985, were introduced to address the need for a structured and regulated approach to the collection of levies on grain legumes produced in Australia. These regulations were enacted by the Australian Parliament to ensure that the levy collection process is fair, transparent, and efficiently managed. The Grain Legumes Levy Act 1985 itself was designed to provide a mechanism for the collection of levies to support the grain legumes industry, ensuring that adequate funds are available for research, development, and marketing activities. The policy objective of these regulations is to establish the framework within which the levies are collected, ensuring that the prescribed seeds and growers' organisations are clearly defined and that the levy is applied consistently across the industry.
Scope and Application
The Grain Legumes Levy Regulations, made under the Grain Legumes Levy Act 1985, apply to the levying of charges on specified grain legumes, which are defined in the Act. The regulations detail which organisations are recognised as growers' organisations and which specific types of legume seeds are subject to the levy. The Grains Council of Australia is the prescribed organisation for the purposes of defining a growers' organisation, and the list of prescribed seeds includes several leguminous plant species such as Vicia faba, Cicer arietinum, and others. The regulations were repealed by Statutory Rules 1999 No. 304, which included application, saving, and transitional provisions to manage the effects of the repeal on existing levies and charges. The scope of the regulations is national, as they are part of a Commonwealth legislative instrument, and their application extends to any entity or person involved in the cultivation or sale of the specified grain legumes within Australia.
Key Provisions
The Grain Legumes Levy Regulations 1986 (as amended) provide detailed provisions under the Grain Legumes Levy Act 1985. The main sections (sections 2 to 4) clarify the interpretation of the Act and define key terms. Specifically, section 2 states that the Act refers to the Grain Legumes Levy Act 1985, while section 3 identifies the Grains Council of Australia as the prescribed organisation for the purposes of defining a growers’ organisation. Section 4 lists the specific types of leguminous plant seeds that are considered leviable grain legumes, including Vicia faba, Cicer arietinum, and others. These definitions are crucial for understanding who is subject to the levy and what types of grain legumes are covered.
The Grain Legumes Levy Regulations impose obligations on parties subject to the levy, primarily those involved in the production and sale of the specified leguminous plants. Growers, traders, and other entities must comply with the regulations by reporting and paying the levy as required. The regulations also require these entities to maintain accurate records of their grain legume transactions to facilitate compliance and enforcement by the relevant authorities.
Failure to comply with the Grain Legumes Levy Regulations can result in various penalties and consequences. Although the specific penalties are not detailed in the provided text, it is common for such legislation to impose fines or other civil penalties for non-compliance. In more serious cases, repeated or wilful violations could potentially lead to criminal charges, although the exact nature and severity of these penalties would be outlined in the primary Act or other related legislation. It is essential for entities subject to these regulations to understand their obligations and the potential consequences of non-compliance to avoid any legal repercussions.