Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 6)

Administered by Department of Agriculture

Legislation au F2004B00286 Regulations Not in force Legislative Instrument

Legislation content

Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 6)

Statutory Rules 2004 No. 255 as amended

made under the

Primary Industries (Excise) Levies Act 1999

This compilation was prepared on 22 August 2005

[This regulation was amended by SLI 2005 No. 189
(see F2005L02338)]

Amendment from SLI 2005 No. 189
[Schedule 1 (item 1) repeals and substitutes Schedule 2
Schedule 1 (item 1) commenced on 23 August 2005]

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

 

 

1 Name of Regulations

  These Regulations are the Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 6).

2 Commencement

  These Regulations commence as follows:

 (a) on 1 September 2004 — regulations 1 to 3 and Schedule 1;

 (b) on 1 September 2005 — Schedule 2.

3 Amendment of Primary Industries (Excise) Levies Regulations 1999

  Schedules 1 and 2 amend the Primary Industries (Excise) Levies Regulations 1999.

Schedule 1 Amendments commencing on 1 September 2004

(regulation 3)

 

[1] Schedule 3, before subclause 1A (1)

insert

 (1A) For paragraph 6 (1) (a) of Schedule 3 to the Excise Levies Act, the amount of levy is $2.32 per head.

Note 1   Subclause (1A) identifies an amount that, under the Australian Meat and Live-stock Industry Act 1997, is destined for the marketing body.

Note 2   Subclause (1A) will remain in force until 31 August 2005 (see Schedule 2 to the Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 6)). After that time, the amount destined for the marketing body will be $2.16 under paragraph 6 (1) (a) of Schedule 3 to the Excise Levies Act.

[2] Schedule 3, subclause 1A (3)

omit

30 cents

insert

14 cents

[3] Schedule 3, subclause 1A (3), notes 2 and 3

substitute

Note 2   During the period 1 September 2005 to 31 December 2006 (inclusive), the amount prescribed by subclause (3) will be 30 cents per head (see Schedule 2 to the Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 6)). After that time, the amount destined for the Australian Animal Health Council will be 13 cents per head under paragraph 6 (1) (d) of Schedule 3 to the Excise Levies Act (see Schedule 2 to the Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 3)).

[4] Schedule 3, subclause 2 (1)

omit

$1.51

insert

$1.67

[5] Schedule 3, subclause 2 (1), note

substitute

Note   Subclause (1) identifies an amount that, under the Australian Meat and Live-stock Industry Act 1997, is destined for the marketing body. From 1 September 2005, the amount will be $1.51 per head (see Schedule 2 to the Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 6)).

[6] Schedule 3, subclause 2 (4)

omit

30 cents

insert

14 cents

[7] Schedule 3, subclause 2 (4), note 2

substitute

Note 2   During the period 1 September 2005 to 31 December 2006 (inclusive), the amount prescribed by subclause (4) will be 30 cents per head (see Schedule 2 to the Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 6)). After that time, the amount destined for the Australian Animal Health Council will be 13 cents per head under paragraph 6 (3) (d) of Schedule 3 to the Excise Levies Act (see Schedule 2 to the Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 3)).

Schedule 2 Amendments commencing on 1 September 2005

(regulation 3)

 

[1] Schedule 3, subclause 1A (1A), notes

substitute

Note   Subclause (1A) identifies an amount that, under the Australian Meat and Live-stock Industry Act 1997, is destined for the marketing body.

[2] Schedule 3, subclause 1A (3), note 2

substitute

Note 2   On and after 1 January 2007, the amount destined for the Australian Animal Health Council will be 13 cents per head imposed under paragraph 6 (1) (d) of Schedule 3 to the Excise Levies Act (see Schedule 2 to the Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 3)).

[3] Schedule 3, subclause 2 (1)

omit

$1.67

insert

$2.54

[4] Schedule 3, subclause 2 (1), note

substitute

Note   Subclause (1) identifies an amount that, under the Australian Meat and Live-stock Industry Act 1997, is destined for the marketing body.

[5] Schedule 3, subclause 2 (2)

omit

$1.57 per head.

insert

70 cents per head.

[6] Schedule 3, subclause 2 (4), note 2

substitute

Note 2   On and after 1 January 2007, the amount destined for the Australian Animal Health Council will be 13 cents per head imposed under paragraph 6 (1) (d) of Schedule 3 to the Excise Levies Act (see Schedule 2 to the Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 3)).

 

Overview

The Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 6), made under the Primary Industries (Excise) Levies Act 1999, were enacted to modify the excise levies imposed on certain primary industry products. The regulations were introduced to address discrepancies and ensure alignment with the objectives of the Act. These regulations were established by the Parliament of Australia, with the aim of maintaining and updating the fiscal framework supporting primary industry sectors. The policy objective behind these amendments was to adjust the levies to reflect changes in economic conditions and to ensure the continued funding of critical industry services, such as marketing and animal health.

Scope and Application

The Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 6) amend the Primary Industries (Excise) Levies Regulations 1999, applying to the primary industries sector across Australia. These regulations modify the levies imposed on certain activities, primarily within the meat and livestock industry, to ensure that funds are appropriately allocated to relevant marketing bodies and the Australian Animal Health Council. The regulations specify the amounts of levy for different periods and purposes, with changes taking effect on various dates. Notably, these amendments address the distribution of funds destined for the marketing body and the Australian Animal Health Council, adjusting the levy amounts for different timeframes to ensure alignment with legislative intent and industry needs. The scope of these regulations is confined to the primary industries sector and does not extend to other sectors or industries.

Key Provisions

The Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 6) primarily amend the Primary Industries (Excise) Levies Regulations 1999 by adjusting the levies on certain livestock and products. These amendments are detailed in Schedules 1 and 2 of the regulations. Specifically, Schedule 1 includes changes to the levies that took effect from 1 September 2004, while Schedule 2 outlines adjustments that came into force on 1 September 2005. For example, Schedule 1 reduces the levy for certain livestock from $2.32 per head to $2.16 per head and modifies the levy for the Australian Animal Health Council from 30 cents per head to 13 cents per head (see regulation 3(1A) and (3)). Schedule 2 further modifies these levies, decreasing the levy for the marketing body and adjusting the amount for the Australian Animal Health Council to 13 cents per head (see regulation 3(1A) and (3)). The regulations impose specific obligations on entities involved in the livestock industry. For instance, entities must ensure they are charging the correct levy amounts as stipulated in the amended regulations. This involves updating their billing systems and documentation to reflect the new levy rates. Additionally, entities must ensure that the levies collected are appropriately allocated to the designated bodies, such as the marketing body and the Australian Animal Health Council, in accordance with the revised amounts specified in the regulations. Breach of these regulations may result in legal consequences. Specifically, the Primary Industries (Excise) Levies Act 1999 imposes penalties for non-compliance. These penalties may include fines and, in severe cases, imprisonment. The exact penalties can vary depending on the nature and severity of the breach. For instance, knowingly supplying false information or failing to comply with the levy requirements could lead to significant fines. The legislation does not specify maximum penalties within the provided text, but it is understood that penalties can be substantial, reflecting the importance of compliance in maintaining the integrity of the livestock industry.

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