Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 9) 2001 No. 258
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 258
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Primary Industries (Excise) Levies Act 1999
National Residue Survey (Excise) Levy Act 1998
Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 9)
Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 4)
Section 8 of the Primary Industries (Excise) Levies Act 1999 [the Excise Act] and Section 8 of the National Residue Survey (Excise) Levy Act 1998 [the NRS Act], each provide that the Governor-General may make regulations prescribing matters required or permitted by that Acts to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to those Acts.
In 1999 the United States imposed restrictions on the import of Australian lamb. In response the Australian Government provided support to Australian lamb producers through a Lamb Assistance Package, Part of the package included a levy support component where the Government would pay half the transaction levy on all lamb sales in Australia for two years. The levy support scheme ceased on 1 August 2001.
The purpose of the regulations is to provide for a continuation of the halved operative levy rate of the lamb transaction levy beyond 31 August 2001. The request to continue the halved operative levy rate until the US restriction was lifted was made by the Sheepmeat Council of Australia. the peak industry body representing sheepmeat producers. The Government has agreed to continue the levy support until the restriction is lifted on 15 November 2001.
Sub section 48(2) of the Acts Interpretations Act 1901 provides that regulations may not be expressed to commence retrospectively where the rights of a person are affected so as to disadvantage that person or which impose a liability on a person other than the Commonwealth. Accordingly, the regulations provide for the application to be retrospective. to commence on 31 August 2001 and remain in force until the new sunset date of 15 November 2001. This way the halved operative levy rate period will continue in a seamless manner and there will be no break in support for Australian lamb producers. A liability will be imposed only on the Commonwealth.
Other than a new sunset date, there were no policy changes or new requirements for levy payers.
Both regulation amendments comprise 3 regulations and a Schedule as follows:
• Regulation 1 provides for the names of the two regulations.
• Regulation 2 provides for the two regulations to commence retrospectively on 31 August 2001.
• Regulation 3 provides for the two regulations to amend Primary Industries (Excise) Levies Regulations 1999 and Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 as set out in their respective Schedules 1.
• Schedule 1 provides for both regulations to continue the halved levy rate on lamb sales for the period 31 August 2001 until midnight on 15 November 2001.
Overview
The Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 9) were enacted in response to the economic challenges faced by Australian lamb producers due to import restrictions imposed by the United States in 1999. These regulations were introduced by the Australian Government to continue supporting lamb producers until the US restrictions were lifted. The enactment body was the Minister for Agriculture, Fisheries and Forestry under the authority of the Primary Industries (Excise) Levies Act 1999 and the National Residue Survey (Excise) Levy Act 1998. The policy objective was to ensure that the halved operative levy rate on lamb sales would continue seamlessly from 31 August 2001 until the restrictions were lifted on 15 November 2001, thereby maintaining the financial support for the industry without imposing any new liabilities on producers. The regulations were designed to avoid any retrospective disadvantage to individuals by imposing a liability only on the Commonwealth, ensuring the support mechanism remained uninterrupted.
Scope and Application
The Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 9) apply to entities and individuals involved in the sale of lamb in Australia, particularly those who are subject to the lamb transaction levy as stipulated under the Primary Industries (Excise) Levies Act 1999 and the National Residue Survey (Excise) Levy Act 1998. These regulations extend their reach nationally, aligning with the objectives of the primary industries excise levies framework established by the Australian Government to support lamb producers affected by import restrictions imposed by the United States. The regulations do not introduce new exclusions or exemptions but adjust the operational timeline of the halved levy rate, which is a support measure implemented as part of the Lamb Assistance Package. Notably, these amendments are designed to ensure continuity of support without creating any new liabilities for levy payers beyond the Commonwealth, while avoiding retrospective disadvantages to affected parties by commencing from 31 August 2001 and extending until 15 November 2001.
Key Provisions
The Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 9) provide for a continuation of the halved operative levy rate of the lamb transaction levy beyond 31 August 2001. This is primarily achieved through Regulation 3 and Schedule 1, which amend the Primary Industries (Excise) Levies Regulations 1999 and Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998, respectively. These regulations stipulate that the halved levy rate will continue until midnight on 15 November 2001, aligning with the lifting of US restrictions on Australian lamb imports.
Under these regulations, lamb producers and other relevant entities are required to continue paying the halved levy rate during the extended period. This requirement ensures that the support provided by the Australian Government remains consistent and uninterrupted, thereby maintaining the financial assistance intended for the lamb industry. Both sets of regulations apply to all lamb sales within Australia during the specified period, ensuring uniform application and support for all eligible producers.
The regulations also impose obligations on the Commonwealth to continue paying half of the transaction levy on lamb sales during the extended period. This commitment ensures that the support mechanism remains in place until the US restrictions are lifted, thereby providing consistent relief to the lamb industry. Furthermore, the regulations are designed to avoid any retrospective disadvantage to lamb producers or the imposition of liabilities on individuals other than the Commonwealth, in accordance with subsection 48(2) of the Acts Interpretations Act 1901.
In terms of consequences for breach, the regulations do not specify particular offences, penalties, or civil/criminal consequences for non-compliance. However, failure to adhere to the levied rates or obligations could potentially result in disputes or legal challenges regarding the application of the levies. The primary focus of these regulations is to ensure a smooth transition and continuation of support for lamb producers, rather than to enforce penalties for non-compliance.