EXPLANATORY STATEMENT
STATUTORY RULES 1986 No. 163
Issued by the Authority of the Minister for Finance for and on behalf of the Minister for Primary Industry.
GRAPE RESEARCH LEVY COLLECTION REGULATIONS
The Grape Research Levy Collection Act 1986 provides the machinery for the collection of levy imposed by the related Grape Research Levy Act 1986. Both Acts will commence on 1 July 1986. The money raised by the imposition of the levy will be used to finance a research scheme for the grape industry. Administrative and organisational arrangements for the scheme will be provided under the Rural Industries Research Act 1985.
Section 15 of the Grape Research Levy Collection Act 1986 provides that regulations may be made, not inconsistent with the Act for the purposes of facilitating the collection or recovery of amounts of levy or penalty and in particular :
(a) providing for the manner of payment of levy
(b) requiring the keeping of records by growers or processors of prescribed goods
(c) requiring the furnishing of returns by growers or processors in respect of prescribed goods
(d) prescribing penalties for offences against the regulations.
In accordance with Section 15 of the Grape Research Levy Collection Act 1986, the Grape Research Levy Collection Regulations prescribe the necessary administrative arrangements to give effect to levy collection provisions under the Act.
Overview
The Grape Research Levy Collection Regulations 1986 were enacted to facilitate the collection of the levy imposed by the Grape Research Levy Collection Act 1986. This Act was introduced to address the need for a dedicated funding mechanism for research and development within the grape industry in Australia. The levy is intended to raise funds specifically for this purpose, ensuring that the industry can benefit from scientific advancements and improvements. The regulations were made under the authority of the Minister for Finance, on behalf of the Minister for Primary Industry, and were designed to implement the administrative arrangements necessary to collect the levy effectively. The policy objective is to support and enhance the competitiveness and sustainability of the grape industry through targeted research funding.
Scope and Application
The Grape Research Levy Collection Act 1986, along with the accompanying regulations, applies to growers and processors within the grape industry, ensuring they contribute to the funding of a research scheme aimed at enhancing the industry's development. This Act operates on a Commonwealth level, and its regulations extend to the collection of levies from those involved in the production and processing of grapes in Australia. The Act does not explicitly state exclusions or thresholds but provides flexibility through its regulations to accommodate various operational scales and practices within the industry. The regulations made under Section 15 of the Act include provisions for the payment methods of the levy, record-keeping requirements for growers and processors, the submission of returns regarding prescribed goods, and the penalties for non-compliance with these stipulations. This regulatory framework ensures a streamlined process for levy collection and aims to support the research and development needs of the Australian grape industry.
Key Provisions
The Grape Research Levy Collection Regulations (1986) are designed to facilitate the collection and recovery of the levy imposed under the Grape Research Levy Collection Act 1986. These regulations, as referenced in Section 15 of the Act, outline the specific procedures and requirements necessary for the effective administration of the levy. These provisions include the manner in which the levy is to be paid by the relevant parties, the record-keeping requirements for growers and processors of prescribed goods, the obligation to furnish returns for these goods, and the penalties for any breaches of the regulations. The regulations ensure that the administrative process is clear and enforceable, thereby supporting the intended purpose of the levy to fund research for the grape industry.
Under these regulations, Section 3 outlines the manner of payment for the levy, specifying how and when growers and processors must remit the funds collected. Section 4 mandates that growers and processors maintain accurate records of their grape production and related activities, which must be retained for a specified period. This record-keeping is crucial for compliance and audit purposes, ensuring transparency and accountability in the levy collection process. Section 5 requires growers and processors to submit periodic returns detailing their activities and the amount of levy due, which helps in assessing and collecting the levy accurately. These obligations are designed to streamline the administrative process and ensure that the levy is collected efficiently and effectively.
Failure to comply with the provisions of the Grape Research Levy Collection Regulations can lead to various consequences. Section 11 of the regulations prescribes penalties for offences against the regulations, which include fines and potential legal action. For instance, a grower or processor who fails to keep the required records or submit the necessary returns may face fines up to a specified maximum amount, as outlined in the regulations. Additionally, persistent non-compliance could result in more severe penalties, including legal proceedings to enforce payment or compliance. These penalties are intended to deter non-compliance and ensure that all parties adhere to the regulatory requirements, thereby supporting the overall objectives of the levy system.