Primary Industries Levies and Charges Collection Amendment Regulation 2012 (No. 1)

Overview

The Primary Industries Levies and Charges Collection Amendment Regulation 2012 (No. 1) was issued under the authority of the Minister for Agriculture, Fisheries and Forestry in response to the Wheat Export Marketing Amendment Act 2012. This amendment regulation was introduced to address the need to fully implement government reforms concerning wheat export marketing arrangements, specifically the abolition of the Wheat Export Charge (WEC) and the Wheat Export Accreditation Scheme, and the winding up of Wheat Exports Australia (WEA) as of 31 December 2012. The regulation repeals Part 2 of Schedule 34 of the Primary Industries Levies and Charges Collection Regulations 1991, thereby removing the collection requirements for the WEC which was separately abolished by another regulation. The removal of the WEC will not impede WEA's ability to meet its financial commitments, as it is in a strong financial position. The reforms were subject to consultation with the Office of Best Practice Regulation and a Regulation Impact Statement is available for review. The regulation is deemed compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Primary Industries Levies and Charges Collection Amendment Regulation 2012 (No. 1) amends the Primary Industries Levies and Charges Collection Regulations 1991 to repeal the collection requirements for the Wheat Export Charge (WEC) in light of the government's decision to abolish the WEC and the Wheat Export Accreditation Scheme, and to wind-up Wheat Exports Australia (WEA) by 31 December 2012. This regulation applies to entities involved in the export of wheat in Australia, specifically those subject to the WEC, which was imposed by Part 5 of Schedule 14 to the Primary Industries (Customs) Charges Regulations 2000. The WEC was designed to fund the operations of WEA, which was to be abolished following the government reforms. The regulation has a national reach as it pertains to federal legislation, and it effectively removes the WEC collection requirements from 10 December 2012. The regulation ensures that WEA can finalise its commitments before its abolition, ensuring a smooth transition. No exclusions or exemptions are explicitly stated in this particular regulation, though the broader reforms are detailed in the Wheat Export Marketing Amendment Act 2012. The regulation is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Primary Industries Levies and Charges Collection Amendment Regulation 2012 (No. 1) primarily involves the abolition of the Wheat Export Charge (WEC) and the Wheat Export Accreditation Scheme, both of which were intended to fund the operations of Wheat Exports Australia (WEA). Section 3 of the Act provides the authority for the Governor-General to make regulations, and the Primary Industries Levies and Charges Collection Regulations 1991 set out the collection requirements for the WEC (s. 1(1)). The amendment regulation, which commences on 10 December 2012, removes the collection requirements for the WEC by repealing Part 2 of Schedule 34 of the 1991 Regulations (s. 3, Schedule 1, Item 1). Under this Act, entities involved in the export of wheat were previously required to pay the WEC, with the funds collected being directed towards WEA's operations. With the passage of the Wheat Export Marketing Amendment Act 2012 and the subsequent regulations, these obligations have been nullified. The regulation imposes no new obligations on parties or entities but effectively releases them from previous requirements to collect and remit the WEC. The cessation of the WEC and the eventual winding-up of WEA are to be completed by the end of 2012. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this regulation, as the regulation itself is largely about the removal of previous obligations rather than the imposition of new ones. The WEC was separately abolished by the Primary Industries (Customs) Charges Amendment Regulation 2012 (No. 2), and the financial viability of WEA means that its dissolution will not be hindered by the removal of the WEC. The regulation has been designed to be compatible with human rights, as detailed in the accompanying Statement of Compatibility with Human Rights, which confirms that the legislative instrument does not engage any applicable rights or freedoms.