Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 1) 2003 No. 3
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 3
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Primary Industries (Excise) Levies Act 1999
Primary Industries (Customs) Charges Act 1999
Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 1)
Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 1)
Section 8 of both the Primary Industries (Excise) Levies Act 1999 (the Excise Levies Act) and the Primary Industries (Customs) Charges Act 1999 (the Customs Charges Act) provide that the Governor-General may make regulations prescribing matters required or permitted by those Acts to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to those Acts.
The purpose of the regulations is to provide for the levy and charge that fund the Sugar Industry Reform Programme to cease on 31 December 2007.
The Sugar Industry Reform Programme announced by the Minister on 10 September 2002 will provide support for the industry to ensure its long-term viability and sustainability. This support consists of immediate assistance, in the form of income support, replanting interest rate subsidies and exit grants. The programme also contains long-term reform initiatives in the form of an Industry Guidance Group, Regional Guidance Groups and Regional Project Assistance. The programme will be administered by the Commonwealth Department of Agriculture, Fisheries and Forestry (AFFA) and levy will be paid by Levies Revenue Service into the Consolidated Revenue Fund and appropriated by the AFFA programme managers in accordance with the demands of the programme. Payments of income support and interest relief have commenced, with exit grants to be available from 1 February 2003. Funding under the Regional Projects component will be available commencing in 2003-04.
The Regulations will provide that the Sugar levy and customs charge cease to have effect at the end of 31 December 2007.
Details of the Regulations are set out in the Attachment.
The Regulations will commence on gazettal.
0212022A
0212022B
ATTACHMENT
PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2003 (No. 1)
Regulation 1 provides for the name of the regulations to be the Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 1).
Regulation 2 provides for the commencement date to be on gazettal.
Regulation 3 provides that Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999 (the Excise Levies Regulations).
SCHEDULE 1 AMENDMENT
Item 1 inserts a new clause into Part 6 about Sugar in Schedule 27 of the Excise Levies Regulations.
Clause 6.6 provides that Part 6 of Schedule 27 of the Excise Levies Regulations ceases to have effect at the end of 31 December 2007.
The note states that this clause may be amended any time before 31 December 2007 to change the date if, for example, the financial requirements of the Sugar Industry Reform Programme are met before this date.
PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATIONS 2003 (No. 1)
Regulation 1 provides for the name of the regulations to be the Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 1).
Regulation 2 provides for the commencement date to be on gazettal.
Regulation 3 provides that Schedule 1 amends the Primary Industries (Customs) Charges Regulations 1999 (the Customs Charges Regulations).
SCHEDULE 1 AMENDMENT
Item 1 inserts a new clause into Part 4 about Sugar in Schedule 14 of the Customs Charges Regulations.
Clause 4.5 provides that Part 4 of Schedule 14 of the Customs Charges Regulations ceases to have effect at the end of 31 December 2007.
The note states that this clause may be amended any time before 31 December 2007 to change the date if, for example, the financial requirements of the Sugar Industry Reform Programme are met before this date.
Overview
The Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 1) and the Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 1) were enacted to amend the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999, respectively. These regulations were introduced by the Minister for Agriculture, Fisheries and Forestry to address the need to cease the levy and charge that fund the Sugar Industry Reform Programme. The program, announced on 10 September 2002, aims to provide support for the long-term viability and sustainability of the sugar industry through immediate assistance and long-term reform initiatives. The regulations provide for the Sugar levy and customs charge to cease at the end of 31 December 2007. The policy objective of these regulations is to ensure that the funding for the Sugar Industry Reform Programme is discontinued once the program's financial requirements are met or by the specified end date, whichever comes first.
Scope and Application
The Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 1) and the Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 1) are subsidiary legislation enacted under the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999, respectively. These regulations apply to the sugar industry in Australia, targeting entities involved in sugar production and trade within the Commonwealth. The regulations provide for the cessation of sugar levies and customs charges to fund the Sugar Industry Reform Programme, effective from 31 December 2007. The programme aims to support the long-term viability and sustainability of the sugar industry through various initiatives such as income support, replanting interest rate subsidies, exit grants, and regional project assistance. The funding for these initiatives is collected through the levies and charges, which are administered by the Department of Agriculture, Fisheries and Forestry, and deposited into the Consolidated Revenue Fund. The regulations can be amended before the cessation date if the financial requirements of the reform programme are met earlier than expected.
Key Provisions
The Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 1) and the Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 1) provide the legislative framework for the cessation of sugar levies and charges that fund the Sugar Industry Reform Programme, effective from 31 December 2007. Regulation 1 names these regulations, while Regulation 2 specifies their commencement date as the date of gazette. Regulation 3 of both sets of regulations includes Schedule 1, which amends existing regulations by inserting clauses that stipulate the cessation of sugar levies and charges. Specifically, Clause 6.6 in Schedule 27 of the Excise Levies Regulations and Clause 4.5 in Schedule 14 of the Customs Charges Regulations will no longer apply from 31 December 2007, effectively ending the levies and charges supporting the Sugar Industry Reform Programme.
These regulations impose specific obligations on the relevant parties, particularly the Commonwealth Department of Agriculture, Fisheries and Forestry (AFFA), which is responsible for administering the programme. The AFFA must ensure that the sugar levies collected by the Levies Revenue Service are paid into the Consolidated Revenue Fund. Programme managers within the AFFA are tasked with appropriating funds according to the programme's demands. These obligations are designed to ensure that the funding mechanisms for the Sugar Industry Reform Programme are properly managed and that the intended support is effectively delivered to the industry.
Failure to comply with the provisions of these regulations may result in legal consequences. While the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that non-compliance could lead to civil or criminal liabilities under the relevant Acts. The Acts themselves might specify penalties for non-compliance, including fines or imprisonment for serious breaches. However, the exact penalties would need to be referenced within the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999. The overarching intent of these regulations is to ensure a smooth transition and cessation of the funding mechanisms for the Sugar Industry Reform Programme by a specified date, thereby maintaining the integrity and effectiveness of the legislative framework governing the sugar industry.