Primary Industries (Customs) Charges Amendment Regulation 2012 (No. 2)

Overview

The Primary Industries (Customs) Charges Amendment Regulation 2012 (No. 2) was enacted to address the need for regulatory adjustments following the government's decision to abolish the Wheat Export Charge (WEC) and the Wheat Export Accreditation Scheme, and to wind up Wheat Exports Australia (WEA). This regulation was issued under the authority of the Minister for Agriculture, Fisheries and Forestry, as provided for in section 8 of the Primary Industries (Customs) Charges Act 1999. The regulation seeks to fully implement the reforms by amending the Primary Industries (Customs) Charges Regulations 2000 to remove the WEC, ensuring that the changes align with the objectives outlined in the Wheat Export Marketing Amendment Act 2012. The policy objective is to streamline wheat export marketing arrangements by eliminating the WEC, which had been the sole source of funding for WEA. The regulation, which commenced on 10 December 2012, was developed in consultation with Grain Producers Australia, the designated industry body, and is compatible with the human rights and freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Primary Industries (Customs) Charges Amendment Regulation 2012 (No. 2) amends the Primary Industries (Customs) Charges Regulations 2000, which had previously imposed a Wheat Export Charge (WEC) on wheat produced in Australia and exported. This regulation applies to the producer of wheat, who is the individual or entity exporting the wheat from Australia. The primary objective of the WEC was to fund the operations of Wheat Exports Australia (WEA). However, with the enactment of the Wheat Export Marketing Amendment Act 2012 and the subsequent abolition of the WEC and the Wheat Export Accreditation Scheme, this regulation aims to reflect these legislative changes by removing the WEC. The regulation takes effect from 10 December 2012, aligning with the reforms and ensuring that WEA can complete its outstanding obligations before its wind-up on 31 December 2012. The regulation was developed in consultation with Grain Producers Australia (GPA), the designated body under the Primary Industries (Customs) Charges (Designated Body) Declaration 2003, and has been assessed to be compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Primary Industries (Customs) Charges Amendment Regulation 2012 (No. 2) amends the Primary Industries (Customs) Charges Regulations 2000 by abolishing the Wheat Export Charge (WEC) on wheat produced in Australia and exported. This change is enacted under section 8 of the Primary Industries (Customs) Charges Act 1999, which allows the Governor-General to make regulations required or permitted by the Act. Specifically, Section 3 of the Regulation mandates the amendment of the Primary Industries (Customs) Charges Regulations 2000 to omit Part 5 of Schedule 14, which had previously imposed the WEC on wheat exports. This change aligns with the government's reforms to the wheat export marketing arrangements, which include the abolition of the WEC and the Wheat Export Accreditation Scheme, effective from 10 December 2012. The Regulation imposes obligations on wheat producers who were previously liable for the WEC. With the WEC now abolished, these producers are no longer required to pay the charge for wheat exported after 10 December 2012. Additionally, the Wheat Export Australia (WEA) entity, which was funded by the WEC, will cease operations on 31 December 2012. The regulation ensures that the financial stability of WEA is maintained, allowing it to fulfill its commitments, such as producing its ‘Report for Growers’ publication, before its winding-up. Under the Primary Industries (Customs) Charges Act 1999, failure to comply with regulations made under the Act could lead to various civil or criminal consequences. However, as the Regulation 2012 (No. 2) primarily serves to abolish an existing charge rather than introduce new obligations, there are no specific offences, penalties, or consequences outlined in the text for non-compliance with this regulation. The compatibility of the Regulation with human rights is affirmed, indicating that it does not engage any of the applicable rights or freedoms as declared in the Human Rights (Parliamentary Scrutiny) Act 2011.