EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO 387
Issued by Authority of the Minister of State for Primary Industries and Energy
Dairy Produce Act 1986
Dairy Produce Regulations (Amendment)
Honey Export Charge Collection Act 1973
Honey Export Charge Collection Regulations (Amendment)
Honey Levy Collection Act 1962
Honey Levy Collection Regulations (Amendment)
Live-stock Slaughter Levy Collection Act 1964
Live-stock Slaughter Levy Collection Regulations (Amendment)
Pig Slaughter Levy Collection Act 1971
Pig Slaughter Levy Collection Regulations (Amendment)
Sections of the above Acts empower the Governor-General to make regulations for the purposes of the Act and, in particular, provide for the manner of payment of levy. Relevant sections are as follows:
section 126 of the Dairy Produce Act 1986
section 9 of the Honey Export Charge Collection Act 1973
section 13 of the Honey Levy Collection Act 1962
section 16 of the Live-stock Slaughter Levy Collection Act 1964
section 16 of the Pig Slaughter Levy Collection Act 1971.
It is proposed that amendments be made to the respective principal Regulations which would have the effect that Tasmanian levy payers submit returns, make payments, and advise the appointment of authorised agents to Canberra in lieu of Hobart, following the closure of the Administrative Unit of the Tasmanian Regional Office.
It is also proposed that minor amendments which modernise spelling, update references to the Department, etc., be made to the last four sets of Regulations mentioned above.
Overview
The Dairy Produce Regulations (Amendment) Statutory Rules 1990 No 387, issued under the authority of the Minister of State for Primary Industries and Energy, aim to amend the existing regulations pertaining to the Dairy Produce Act 1986, Honey Export Charge Collection Act 1973, Honey Levy Collection Act 1962, Livestock Slaughter Levy Collection Act 1964, and Pig Slaughter Levy Collection Act 1971. This legislative amendment was introduced to address the operational changes following the closure of the Administrative Unit of the Tasmanian Regional Office, which necessitated a shift in the administrative processes for levy payers in Tasmania. The amendments primarily focus on redirecting the submission of returns, payments, and notifications regarding authorised agents from Hobart to Canberra, thereby ensuring continuity in the administrative functions. Additionally, the proposed changes include minor updates to modernise spelling and references to the Department in the relevant regulations, reflecting contemporary administrative practices.
Scope and Application
The proposed amendments to the Dairy Produce Regulations, Honey Export Charge Collection Regulations, Honey Levy Collection Regulations, Livestock Slaughter Levy Collection Regulations, and Pig Slaughter Levy Collection Regulations are primarily concerned with the administrative process for levy payers in Tasmania. These amendments apply to entities and individuals who are subject to the levies as specified under the Dairy Produce Act 1986, the Honey Export Charge Collection Act 1973, the Honey Levy Collection Act 1962, the Livestock Slaughter Levy Collection Act 1964, and the Pig Slaughter Levy Collection Act 1971. This includes dairy producers, honey producers, and livestock slaughterers who are required to submit returns and make payments related to these levies. The changes are necessitated by the closure of the Administrative Unit of the Tasmanian Regional Office, and as a result, levy payers in Tasmania will now need to submit their returns, make payments, and advise the appointment of authorised agents to Canberra instead of Hobart. These amendments are aimed at ensuring a smooth transition and continuity in the administrative processes for levy collection. Additionally, the proposed amendments also include minor changes to modernise spelling and update references to the Department within the regulations.
Key Provisions
The main sections of the legislation, namely sections 126 of the Dairy Produce Act 1986, section 9 of the Honey Export Charge Collection Act 1973, section 13 of the Honey Levy Collection Act 1962, section 16 of the Live-stock Slaughter Levy Collection Act 1964, and section 16 of the Pig Slaughter Levy Collection Act 1971, empower the Governor-General to make regulations for the purpose of these Acts. These sections specifically address the manner of payment of the various levies imposed under these Acts. The proposed amendments to the respective regulations will require Tasmanian levy payers to submit returns, make payments, and notify the appointment of authorised agents to Canberra, rather than to Hobart. This change follows the closure of the Administrative Unit of the Tasmanian Regional Office.
The obligations imposed by these amendments require Tasmanian levy payers to ensure that they submit their returns, make their payments, and advise on the appointment of authorised agents to the specified location in Canberra. This requirement applies to all parties governed by these Acts, including producers and other stakeholders involved in the relevant industries. Additionally, the minor amendments to the last four sets of Regulations involve updating references to the Department and modernising spelling, ensuring that the regulations remain current and reflect the appropriate terminology and standards.
In terms of consequences for non-compliance, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the provided text. However, it is reasonable to infer that non-compliance with the requirements outlined in these Acts and Regulations could lead to enforcement actions being taken by the relevant authorities. Given the nature of these Acts and Regulations, breaches may result in financial penalties or other administrative consequences as determined by the applicable legislation or administrative processes. The exact penalties would depend on the specific circumstances of non-compliance and the relevant legal framework governing each Act.