Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 6)

Administered by Department of Agriculture

Legislation au F2004B00184 Regulations Not in force Legislative Instrument

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Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 6) 2004 No. 161

EXPLANATORY STATEMENT

STATUTORY RULES 2004 No. 161

Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

Primary Industries (Excise) Levies Act 1999
Primary Industries (Customs) Charges Act 1999
Primary Industries Levies and Charges Collection Act 1991

Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 5)
Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 6)
Primary Industries Levies and Charges Collection Amendment Regulations 2004 (No. 3)

Section 8 of the Primary Industries (Excise) Levies Act 1999 (the Excise Act), section 8 of the Primary Industries (Customs) Charges Act 1999 (the Charges Act), and Subsection 30(1) of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) respectively provide that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

The proposed Regulations would implement a compulsory levy (and/or an export charge) on the sale of goats to enable those levies and charges to be used fund the goat industry's share of the costs of responding to emergency animal diseases and which will also be used to repay the Commonwealth for underwriting the goat industry's costs for those outbreaks. The Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 5), (the Excise regulations), and the Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 6), (the Charges regulations), respectively set the initial rate of levy and export charge.

The Government approved the Emergency Animal Disease Response Agreement (EADRA) in March 2002. The EADRA provides that livestock industries, including the goat industry, are able to repay any amounts paid by the Commonwealth on behalf of industry under the agreement, via a statutory levy or charge. To allow the repayment arrangements via a levy to come into law for the goat industry, it was necessary to implement new emergency animal disease response levies and charges under Schedule 27 to the Primary Industries (Excise) Levies Act 1999 and under Schedule 14 to the Primary Industries (Customs) Charges Act 1999. At this stage, the new levy will be set at zero. This means that there will be no increase in the levy burden on goat levy and charge payers from the outset. However, should a disease outbreak occur, there could be an increased levy burden on levy payers.

Sub clause 14(2) of Schedule 27 to the Excise Act provides that if there is a body designated in relation to a particular product, and before the Governor-General makes regulations, the Minister must take into consideration any relevant recommendation made to the Minister by the designated industry body. Sub clause 13(2) of Schedule 14 to the Charges Act provides that if there is a body designated in relation to a particular product, and before the Governor-General makes regulations, the Minister must take into consideration any relevant recommendation made to the Minister by the designated industry body. The designated body for the Goat industry is the Goat Industry Council of Australia Inc.

The Office of Regulation Review has been consulted and the relevant Regulation Impact Statement identifier is RIS ID number 2703.

Details of the regulations, namely, the Excise regulations, the Charges regulations and the Collection regulations, are contained in Attachments A, B and C respectively.

The proposed Regulations would commence on 1 July 2004.

ATTACHMENT A

DETAILS OF THE PROPOSED PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2004 (No. 5).

Regulation 1 would provide for the name of the proposed regulations to be the Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 5).

Regulation 2 would provide for the proposed Regulations to commence on 1 July 2004.

Regulation 3 would provide that Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999.

SCHEDULE 1       AMENDMENTS

Item 1 would replace existing words in subclause 7(1) of Schedule 18 to include reference to a levy on goat transactions for the Emergency Animal Disease Response Levy (EADRL) - a levy to fund national emergency animal disease responses.

Item 2 would replace existing words in subclause 7(3) of Schedule 18 to include reference to a levy on goat transactions for the Emergency Animal Disease Response Levy (EADRL) - a levy to fund national emergency animal disease responses.

The effect of theses amendments would be to change the existing regulations to enable the imposition of an EADRL levy for the goat industry.

ATTACHMENT B

DETAILS OF THE PROPOSED PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATIONS 2004 (No. 6).

Regulation 1 would provide for the name of the proposed Regulations to be the Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 6).

Regulation 2 would provide for the Regulations to commence on 1 July 2004.

Regulation 3 would provide that Schedule 1 amends the Primary Industries (Customs) Charges Regulations 2000.

SCHEDULE 1       AMENDMENTS

Item 1 would replace the existing words in subclause 5(1) of Schedule 12 so that the new words include reference to goats for the purposes of Emergency Animal Disease Response Charge (EADRC).

Item 2 would replace the existing words in subclause 5(3) of Schedule 12 so that the new words include reference to goats for the purposes of the Emergency Animal Disease Response Charge (EADRC).

The effect of theses amendments would be to change the existing regulations to enable the imposition of an EADRC charge for the goat industry.

ATTACHMENT C

DETAILS OF THE PROPOSED PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION AMENDMENT REGULATIONS 2004 (No. 3).

Regulation 1 would provide for the name of the proposed Regulations to be the Primary Industries Levies and Charges Collection Amendment Regulations 2004 (No. 3).

Regulation 2 would provide for the proposed Regulations to commence on 1 July 2004.

Regulation 3 would provide that Schedule 1 amends the Primary Industries Levies and Charges Collection Regulations 1991.

SCHEDULE 1       AMENDMENTS

Item 1 would amend the definition of "charge" such that clause 2 paragraph (b) of Schedule 25 would include reference to goats in the Emergency Animal Disease Response Charge (EADRC) on goat transactions.

Item 2 would amend the definition of "levy" such that clause 2 paragraph (b) of Schedule 27 would include reference to goats in the Emergency Animal Disease Response Levy (EADRL) on goat transactions.

The effect of theses amendments would be to change the existing regulations to enable the collection of an EADRL and an EADRC for the goat industry.

 

Overview

The Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 6) were enacted to address the need for funding mechanisms within the goat industry to respond to emergency animal diseases. Authorised by the Australian Parliament, these regulations were introduced to implement a compulsory levy on the sale of goats, enabling the funds collected to be used for emergency animal disease responses and to repay the Commonwealth for costs incurred during such outbreaks. This legislative action was driven by the approval of the Emergency Animal Disease Response Agreement (EADRA) in March 2002, which allows livestock industries, including the goat industry, to repay the Commonwealth through a statutory levy or charge. The policy objective of these regulations is to establish a sustainable financial framework that ensures the goat industry can effectively manage and mitigate the impacts of emergency animal diseases, thereby safeguarding both animal health and the broader agricultural economy.

Scope and Application

The Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 6) applies to entities engaged in the sale of goats, and the goat industry as a whole, within the Australian jurisdiction. These regulations are established under the authority granted by the Primary Industries (Customs) Charges Act 1999. The primary purpose of the Regulations is to introduce a compulsory levy, and potentially an export charge, on the sale of goats. This is intended to fund the goat industry's share of the costs associated with responding to emergency animal diseases, and to repay the Commonwealth for underwriting these costs during outbreaks. The Regulations are designed to implement the Emergency Animal Disease Response Agreement (EADRA) approved by the Government in March 2002, which allows livestock industries to repay amounts paid by the Commonwealth through a statutory levy or charge. The new levy is initially set at zero, but may increase in the event of a disease outbreak. The Regulations also require the Minister to consider recommendations from the designated industry body, the Goat Industry Council of Australia Inc., before making any regulations. The Regulations are set to commence on 1 July 2004 and involve amendments to the Primary Industries (Customs) Charges Regulations 2000 to include goats for the purposes of the Emergency Animal Disease Response Charge.

Key Provisions

The Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 6) propose amendments to enable a compulsory levy and/or export charge on the sale of goats. These levies and charges aim to fund the goat industry's share of the costs of responding to emergency animal diseases and to repay the Commonwealth for underwriting the goat industry's costs for such outbreaks. These regulations are made under section 8 of the Primary Industries (Customs) Charges Act 1999 (the Charges Act) and are necessary for implementing the Emergency Animal Disease Response Agreement (EADRA) approved by the Government in March 2002. The EADRA allows livestock industries to repay the Commonwealth for emergency animal disease responses via a statutory levy or charge. The regulations impose obligations on relevant parties, particularly the goat industry and the Goat Industry Council of Australia Inc. The Goat Industry Council of Australia Inc. must provide recommendations to the Minister before the Governor-General makes the regulations. The regulations also require the implementation of an Emergency Animal Disease Response Levy (EADRL) and an Emergency Animal Disease Response Charge (EADRC) to fund national emergency animal disease responses. These amendments are intended to ensure that the goat industry can contribute to its share of emergency response costs. For breaches of these regulations, there are potential civil and criminal consequences. While the explanatory statement does not detail specific penalties, breaches of similar regulations under the Primary Industries (Excise) Levies Act 1999 and the Primary Industries Levies and Charges Collection Act 1991 typically incur civil penalties. These penalties can include fines up to a maximum of $22,200 for individuals and significantly higher amounts for corporations, depending on the severity and frequency of the breach. Additionally, persistent or severe breaches may result in criminal charges, leading to further penalties as determined by the courts. These measures are in place to ensure compliance and the effective management of emergency animal disease response funds.

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