EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 158
Issued by Authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry
Primary Industries (Customs) Charges Act 1999
Primary Industries (Customs) Charges Amendment Regulations 2011 (No. 1)
Section 8 of the Primary Industries (Customs) Charges Act 1999 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Schedule 14 to the Act provides that the regulations may impose charges on one or more specified primary industry products in the circumstances and at the rates payable by the person (ascertained in accordance with the regulations). Primary industry products include animal products.
Subclause 3(1a) of Schedule 5 (Deer) and subclause 3(1a) of Schedule 6 (Deer velvet) to the Act provide for the imposition of a charge on live deer and the declared value of deer velvet.
Clause 1 of Schedule 5 and clause 1 of Schedule 6 to the Primary Industries (Customs) Charges Regulations 2000 (the Principal Regulations) prescribe the rate of charge on live deer and deer velvet. Charges are imposed on live deer and deer velvet produced in Australia and then exported from Australia.
The Primary Industries (Customs) Charges Amendment Regulations 2011 (the Amendment Regulations) permanently lower the charge on live deer to $5.00 per head and deer velvet to one per cent of the declared value. This is to provide relief to deer producers suffering from an industry downturn.
In 2007, the deer levy rates were decreased for a three year period to 2010 in recognition of industry difficulties. These rates reverted back to the original rates from 1 July 2010. In October 2010, the Deer Industry Association of Australia, on behalf of the deer industry, made a submission to the Minister for Agriculture, Fisheries and Forestry for a reduction to deer levies and charges. In May 2011 the association provided a second submission including the outcome of the industry-wide consultation on changes to the deer levies and charges. The Minister considered that industry consultation is adequate for a permanent reduction to deer levies and charges. In July 2011 the Minister approved a permanent reduction to the deer levies and charges. The Office of Best Practice Regulation considered that these amendments will have minor impacts and therefore no further analysis (in the form of a Regulation Impact Statement) is required (ID 12685).
Clause 5 of Schedule 5 and clause 5 of Schedule 6 to the Act provide that, before the Governor-General makes regulations for the purpose of prescribing a levy or charge, the Minister for Agriculture, Fisheries and Forestry must take into consideration any relevant recommendation made to the Minister by the industry services body. The Minister has taken into account recommendations of the submission from the Deer Industry Association of Australia, on behalf of the deer industry.
The Amendment Regulations commence on 1 October 2011.
Details of the Amendment Regulations are set out in the Attachment.
The Amendment Regulations are legislative instruments for the purposes of the Legislative Instruments Act 2003.
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Attachment
DETAILS OF PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATIONS 2011 (NO. 1)
Regulation 1 – Name of Regulations
Name of the Regulations is the Primary Industries (Customs) Charges Amendment Regulations 2011 (No. 1).
Regulation 2 – Commencement
These Regulations commence on 1 October 2011.
Regulation 3 – Amendment of Primary Industries (Customs) Charges Regulations 2000
Schedule 1 amends the Primary Industries (Customs) Charges Regulations 2000.
Schedule 1 Amendment
Item [1] Schedule 5, clause 1
Replace clause 1 of Schedule 5 to the Principal Regulations with a new clause to lower the charge on live deer from $7.75 to $5.00 per head.
Item [2] Schedule 6, clause 1
Replace clause 1 of Schedule 6 to the Principal Regulations with a new clause to lower the charge on deer velvet from 3.5% to 1% of the declared value of deer velvet.
Overview
The Primary Industries (Customs) Charges Amendment Regulations 2011 (No. 1) were enacted to address the financial challenges faced by the Australian deer industry. This legislation, issued by the authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry, amends the Primary Industries (Customs) Charges Regulations 2000 under the Primary Industries (Customs) Charges Act 1999. The policy objective of these regulations is to provide ongoing relief to deer producers who were experiencing an industry downturn by permanently reducing the charges on live deer and deer velvet. The charge on live deer was reduced from $7.75 to $5.00 per head, and the charge on deer velvet was decreased from 3.5% to 1% of the declared value. These amendments followed recommendations from the Deer Industry Association of Australia, which were considered by the Minister for Agriculture, Fisheries and Forestry in light of the industry's ongoing difficulties. The regulations came into effect on 1 October 2011, providing a stable and supportive framework for the deer industry.
Scope and Application
The Primary Industries (Customs) Charges Amendment Regulations 2011 (No. 1) amend the Primary Industries (Customs) Charges Regulations 2000 to reduce charges imposed on live deer and deer velvet. The amendment applies to individuals or entities involved in the production, export, and customs declaration of live deer and deer velvet from Australia. The amendment lowers the charge on live deer from $7.75 to $5.00 per head and reduces the charge on deer velvet from 3.5% to 1% of the declared value. The regulation's scope is confined to primary industry products, specifically animal products such as live deer and deer velvet. The amendment does not explicitly state any exclusions or exemptions, but it is presumed to apply to all relevant transactions involving live deer and deer velvet exported from Australia. The regulations are made under the authority of the Primary Industries (Customs) Charges Act 1999, which provides the legislative framework for imposing charges on primary industry products exported from Australia. The Amendment Regulations are legislative instruments for the purposes of the Legislative Instruments Act 2003.
Key Provisions
The Primary Industries (Customs) Charges Amendment Regulations 2011 (No. 1) (Amendment Regulations) introduce modifications to the existing charges imposed on live deer and deer velvet under the Primary Industries (Customs) Charges Act 1999 (Act). Specifically, regulation 3 of the Amendment Regulations amends the Primary Industries (Customs) Charges Regulations 2000 (Principal Regulations) to reduce the charge on live deer from $7.75 to $5.00 per head and the charge on deer velvet from 3.5% to 1% of the declared value of deer velvet (Schedule 1, Items [1] and [2]). These changes aim to provide ongoing relief to the deer industry, which has been experiencing a downturn.
Entities and individuals involved in the export of live deer and deer velvet from Australia are directly affected by these changes. The new charge rates will apply to all exports occurring on or after the commencement date of the Amendment Regulations, which is 1 October 2011. Producers and exporters must ensure they are aware of and comply with these updated charge rates when exporting these products. The regulations also specify that these charges are applicable to primary industry products, which include animal products, and are payable by the person responsible for the export, as determined by the regulations.
Non-compliance with the amended charge rates could result in various consequences. While the explanatory statement does not specify detailed penalties or offences, it is reasonable to infer that any failure to adhere to the new charge rates could lead to civil or administrative penalties as per the provisions of the Act. The specific penalties would depend on the nature and severity of the non-compliance, as outlined in other sections of the Act and any relevant subsidiary legislation. The implications of non-compliance may include financial penalties, legal action, or other enforcement measures as deemed appropriate by the authorities.
The Minister for Agriculture, Fisheries and Forestry has considered recommendations from the Deer Industry Association of Australia before approving these permanent reductions. This demonstrates the importance of industry consultation in the regulatory process and ensures that the amendments are based on the needs and feedback of the stakeholders involved. The Office of Best Practice Regulation has also reviewed these amendments, concluding that they will have minor impacts and, therefore, do not require further detailed analysis through a Regulation Impact Statement. This highlights the regulatory body's confidence in the minor nature of the changes and their potential benefits to the industry.