Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 2) 2000 No. 176
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 176
Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry
Primary Industries (Excise) Levies Act 1999
Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 2)
Section 8 of the Primary Industries (Excise) Levies Act 1999 provides that the Governor-General may make regulations required or permitted by this Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The regulations will remove the rate for the Market Milk Levy and Manufacturing Milk Levy from the Primary Industries (Excise) Levies Regulations 1999 (the principal regulations).
The Dairy Market Support Scheme, administered under the Dairy Produce Act 1986, ended on 30 June 2000. At that time, certain levies that applied to milk products, including the Market Milk Levy, the Manufacturing Milk Levy, the Import Offset Charge, the Charge on Re-Importation of Exported Dairy Produce and the Acquisition Offset Levy ceased. These levies and charges were imposed by the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999.
The rates of the Market Milk Levy and the Manufacturing Milk Levy were set by the principal regulations. The applicable rates for the Import Offset Charge, the Charge on Re-Importation of Exported Dairy Produce and the Acquisition Offset Levy were determined by the rate of the Manufacturing Milk Levy.
As the Dairy Market Support Scheme ended on 30 June 2000, the Regulations setting the rate for these levies are no longer relevant after that date.
Details of the Regulations amending Schedule 6 of the Primary Industries (Excise) Levies Regulations 1999 are set out in the attachment.
The Regulations commence on gazettal.
Attachment
Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 2)
Regulation 1 provides the name to the proposed regulations as the Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 2).
Regulation 2 prescribes that the proposed regulations would commence on gazettal.
Regulation 3 provides that Schedule 1 would amend the Primary Industries (Excise) Levies Regulations 1999.
Schedule 1 provides that;
* the definitions of Market Milk Levy and Manufacturing Milk Levy are removed from Schedule 6 Clause 1 of the Regulations;
* Schedule 6, Clause 2, "Market milk levy - prescribed milk fate rate and protein rate" is removed;
* Schedule 6, Clause 3, Manufacturing milk levy - prescribed milk fat rate and protein rate" is removed; and
* The title of Schedule 6, Clause 4 "Other levies - prescribed milk fat rate and protein rate" is amended to "Dairy producer levies-prescribed milk fat rate and protein rate".
Overview
The Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 2), enacted in 2000, were introduced to address the cessation of the Dairy Market Support Scheme as of 30 June 2000. This legislative amendment was necessary to remove certain levies and charges on milk products that were previously imposed under the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999. The problem addressed by these regulations was the outdated nature of certain levies and charges following the end of the Dairy Market Support Scheme, which necessitated an update to the relevant regulatory framework. The policy objective, as stated in the explanatory statement, was to ensure that the regulations remained current and applicable to the current economic and legislative environment. These regulations were made under the authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry, and they took effect immediately upon gazettal.
Scope and Application
The Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 2) apply to entities and individuals involved in the primary industries sector, specifically those engaged in milk production and processing. This amendment operates under the authority of the Primary Industries (Excise) Levies Act 1999, which mandates the imposition of excise levies on certain primary industry products, and extends across the Commonwealth of Australia. The regulations primarily affect milk producers and processors by removing the Market Milk Levy and the Manufacturing Milk Levy, effective from the termination of the Dairy Market Support Scheme on 30 June 2000. These levies and associated charges, which were previously set out in the Primary Industries (Excise) Levies Regulations 1999, are now rendered obsolete. The regulations facilitate the transition by amending the relevant sections of the principal regulations to reflect the cessation of these levies, ensuring that the legal framework aligns with the current operational landscape post-scheme termination.
Key Provisions
The Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 2) amends the Primary Industries (Excise) Levies Regulations 1999 by removing the rates for the Market Milk Levy and Manufacturing Milk Levy. These levies, previously outlined in Schedule 6 of the Regulations, are no longer applicable following the conclusion of the Dairy Market Support Scheme on 30 June 2000. As stated in Regulation 1, the name of the proposed regulations is the Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 2), which commence on gazettal (Regulation 2). Regulation 3 specifies that Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999 by removing the definitions and rates of the Market Milk Levy and Manufacturing Milk Levy in Schedule 6, Clause 1, Clause 2, and Clause 3.
The obligations imposed by these regulations are primarily on the entities involved in the production and distribution of milk and milk products. They must ensure that they no longer apply the Market Milk Levy and Manufacturing Milk Levy, which were previously imposed under the Primary Industries (Excise) Levies Act 1999. This change is a direct result of the termination of the Dairy Market Support Scheme. As these levies are no longer in effect, those involved in the dairy industry must adhere to the new regulations and cease applying these specific levies.
There are no explicit offences, penalties, or civil or criminal consequences outlined in the Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 2). The regulations primarily serve to remove outdated levies and charges that are no longer relevant following the end of the Dairy Market Support Scheme. However, entities that fail to comply with the changes may inadvertently continue to apply these levies, potentially leading to legal repercussions under the Primary Industries (Excise) Levies Act 1999 or other relevant legislation. The regulations focus on clarifying the legislative framework and ensuring that the relevant levies are no longer applied.