EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 263
Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture,
Fisheries and Forestry
Primary Industries Levies and Charges Collection Act 1991
Primary Industries Levies and Charges Collection Amendment Regulations 2007 (No. 6)
Section 30 of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) each provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Regulations provide a mechanism to enable certain plant industries to fund their share of the costs of responding to emergency plant pests and diseases under the Government and Plant Industry Cost Sharing Deed in Respect of Emergency Plant Pest Responses, also referred to as the Emergency Plant Pest Response Deed (EPPRD).
The Regulations also make a minor correction to the Collection Regulations.
The EPPRD commenced on 26 October 2005. The parties to the EPPRD are the Australian Government, the state and territory governments and plant industries. Under the EPPRD, the Australian Government, relevant state and territory governments and affected plant industry members will share the eligible costs incurred in responding to emergency plant pests and diseases. The Australian Government has agreed to underwrite industry liabilities under the EPPRD. In turn, the EPPRD requires plant industry parties to have a funding mechanism in place that would enable them to repay the Australian Government in the event that the Government underwrites the industry parties’ shares of the costs of a response to a categorised plant disease affecting their production crops. A number of plant industry signatories to the EPPRD have elected to meet their obligations under the EPPRD using Emergency Plant Pest Response (EPPR) levies and charges.
In accordance with the Government’s Levy Guidelines and Principles, levy payers within relevant industries have been consulted on the imposition of EPPR levies and charges. Following consultation, the relevant representative industry organisations (Almond Board of Australia, Avocados Australia, Cherry Growers Australia, Australian Citrus Growers, Australian Cotton Growers Research Association, Australian Dried Fruit Association, Grains Council of Australia, Winemakers Federation of Australia, Australian Macadamia Society, Australian Mango Industry Association, Ricegrowers’ Association of Australia and Strawberries Australia), on behalf of their respective industries, have recommended to the portfolio Minister that the EPPR levies and charges be introduced.
These Regulations are part of a package of three sets of Regulations which impose the new EPPR levies and charges.
Although the EPPR levies and charges are to be established as a new levy or charge, the basic collection arrangements will be identical to those for existing marketing and Research and Development levies and charges. The Regulations provide for the collection of EPPR levies and charges by incorporating references to the new EPPR levies and charges within the existing levy collection arrangements for the primary industry products.
Details of the Collection Regulations are contained in the Attachment.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Office of Best Practice Regulation has advised that the preparation of a Business Cost Calculator or a Regulation Impact Statement is not mandatory (OBPR ID: 2007/9284).
In accordance with the Government’s Levy Guidelines and Principles, levy payers within relevant industries have been consulted on the imposition of EPPR levies and charges.
The regulations commence on the day after they are registered.
ATTACHMENT
DETAILS OF THE PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION AMENDMENT REGULATIONS 2007 (No. 6).
Regulation 1 provides for the name of the Regulations to be the Primary Industries Levies and Charges Collection Amendment Regulations 2007 (No. 6).
Regulation 2 provides for the Regulations to commence on the day after they are registered.
Regulation 3 provides that Schedule 1 amends the Primary Industries Levies and Charges Collection Regulations 1991.
SCHEDULE 1 AMENDMENTS
Item 1 amends the definition of “levy” in Schedule 8 (coarse grains) to include reference to EPPR levy.
Item 2 amends the definition of “levy” in Schedule 9 (cotton) to include reference to EPPR levy.
Item 3 amends the definition of “levy” in Schedule 19 (grain legumes) to include reference to EPPR levy.
Item 4 amends the definition of “levy” in Schedule 20 (grapes) to include reference to EPPR levy.
Item 5 amends the definition of “charge” in Schedule 22 (horticultural products) to include reference to EPPR charge.
Item 6 amends the definition of “levy” in Schedule 22 (horticultural products) to include reference to EPPR levy.
Item 7 corrects a typographical error.
Item 8 amends the definition of “levy” in Schedule 29 (oilseeds) to include reference to EPPR levy.
Item 9 amends the definition of “levy” in Schedule 32 (rice) to include reference to EPPR levy.
Item 10 amends the definition of “levy” in Schedule 34 (wheat) to include reference to EPPR levy.
Item 11 amends the definition of “levy” in Schedule 36 (wine grapes) to include reference to EPPR levy.
Overview
The Primary Industries Levies and Charges Collection Amendment Regulations 2007 (No. 6) were enacted to facilitate the funding mechanism required for plant industries to contribute to the costs of responding to emergency plant pests and diseases, as outlined in the Emergency Plant Pest Response Deed (EPPRD) that came into effect on 26 October 2005. This legislation was introduced to address the need for a structured financial arrangement among the Australian Government, state and territory governments, and plant industries for cost-sharing in emergency plant pest responses, with the Australian Government agreeing to underwrite industry liabilities under the EPPRD. The Regulations were made under Section 30 of the Primary Industries Levies and Charges Collection Act 1991, with the aim of incorporating the new Emergency Plant Pest Response (EPPR) levies and charges into the existing levy collection framework for primary industry products. These Regulations, along with two others, form part of a legislative package designed to implement the new EPPR levies and charges, following consultation with relevant industry representatives as per the Government’s Levy Guidelines and Principles.
Scope and Application
The Primary Industries Levies and Charges Collection Amendment Regulations 2007 (No. 6) apply to entities within specific plant industries, including Almond Board of Australia, Avocados Australia, Cherry Growers Australia, Australian Citrus Growers, Australian Cotton Growers Research Association, Australian Dried Fruit Association, Grains Council of Australia, Winemakers Federation of Australia, Australian Macadamia Society, Australian Mango Industry Association, Ricegrowers’ Association of Australia, and Strawberries Australia. These entities are subject to the Emergency Plant Pest Response (EPPR) levies and charges, which are designed to fund their share of the costs for responding to emergency plant pests and diseases. This funding mechanism is established under the Emergency Plant Pest Response Deed, which involves the Australian Government, state and territory governments, and plant industries sharing the costs associated with emergency plant pest responses. The Act operates on a national level, applying across Australia and overseen by the Commonwealth Government, while the state and territory governments and plant industries also play a role in the funding and response process. The Regulations provide a structured approach to the collection of these levies and charges, ensuring they are integrated into the existing levy collection arrangements for primary industry products.
Key Provisions
The Primary Industries Levies and Charges Collection Amendment Regulations 2007 (No. 6) (the Regulations) are designed to facilitate the implementation of Emergency Plant Pest Response (EPPR) levies and charges under the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act). These levies and charges are intended to fund the industry’s share of the costs associated with responding to emergency plant pests and diseases, as outlined in the Emergency Plant Pest Response Deed (EPPRD). This deed, which commenced on 26 October 2005, involves the Australian Government, state and territory governments, and plant industries in cost-sharing arrangements for emergency plant pest responses. The Australian Government has agreed to underwrite the industry parties' liabilities under the EPPRD, which necessitates the establishment of a funding mechanism by the industry to repay the Government if it underwrites their costs. The Regulations incorporate these new levies and charges within the existing collection frameworks for primary industry products, ensuring a seamless transition and familiar collection processes for levy payers.
The Regulations impose specific obligations on the parties governed by them, primarily focusing on the implementation and collection of the EPPR levies and charges. The relevant representative industry organisations, which have consulted with their respective industries, have recommended the introduction of these levies and charges. The Regulations require these organisations to ensure that the new levies and charges are collected in accordance with the existing collection arrangements for marketing and Research and Development levies and charges. They must also ensure that the levies and charges are properly accounted for and that any funds collected are used for the intended purpose of responding to emergency plant pests and diseases. Additionally, the Regulations mandate that any corrections or amendments to the Collection Regulations be made to reflect the new EPPR levies and charges accurately.
In terms of consequences for non-compliance, the Regulations do not explicitly outline specific offences, penalties, or consequences for breach. However, the Collection Act provides a framework within which such breaches could be addressed. Under the Collection Act, unauthorised collection of levies and charges can result in civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment or fines, depending on the severity of the breach. The maximum penalties for such offences are determined by the relevant provisions of the Collection Act and other applicable legislation. It is important for all parties involved to adhere to the requirements set out in the Regulations to avoid any potential legal repercussions.