Primary Industries Levies and Charges Collection (Dairy) Regulations (Repeal) 1995 No. 211
EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 211
Issued by the Authority of the Minister for Primary Industries and Energy
Primary Industries Levies and Charges Collection Act 1991
Primary Industries Levies and Charges Collection (Dairy) Regulations (Repeal)
The Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provides for the administrative arrangements for the collection of levies and charges imposed by the Commonwealth. This repeal of the Primary Industries Levies and Charges Collection (Dairy) Regulations is required to give effect to the collection arrangements to apply from 1 July 1995 with respect to the market milk, manufacturing milk, research, Corporation, promotion, acquisition offset, re-import and import offset levies. The administrative arrangements pertaining to the collection of levies to apply from 1 July 1995 are detailed in regulations. In respect to the imposition, administration and collection of these dairy levies, the Collection Act works in conjunction with the Dairy Produce Act 1986, the Dairy Produce Levy (No. 1) Act 1986 and the Dairy Produce Levy (No. 2) Act 1986.
The changes to the collection arrangements are necessitated by the termination of the current dairy market support arrangements from 1 July 1995 and the implementation of a replacement scheme from that date. These changes resulted from Australia's commitments under the Uruguay Round of trade negotiations. The scheme provides the same level of support to manufacturing milk producers as would have been provided under the previous scheme had it continued until its scheduled termination date of 30 June 2000. In replicating the previous levels of industry assistance, the arrangements will continue until 30 June 2000.
Details of the regulations are as follows:
Regulation 1 provides for the Primary Industries Levies and Charges Collection (Dairy) Regulations to commence on 1 July 1995.
Regulation 2 provides for the repeal of Statutory Rules 1991 No. 270.
Overview
The Primary Industries Levies and Charges Collection (Dairy) Regulations (Repeal) 1995, issued under the authority of the Minister for Primary Industries and Energy, were enacted to repeal the existing regulations concerning the collection of dairy levies, thereby implementing new collection arrangements effective from 1 July 1995. This repeal was necessitated by the conclusion of the Uruguay Round of trade negotiations, which required Australia to terminate its existing dairy market support arrangements and replace them with a new scheme by the specified date. The new scheme was designed to maintain the same level of support for manufacturing milk producers as would have been provided under the previous scheme until its scheduled termination on 30 June 2000. The Primary Industries Levies and Charges Collection Act 1991, which governs the administrative processes for the collection of levies imposed by the Commonwealth, works in conjunction with the Dairy Produce Act 1986 and the Dairy Produce Levy Acts 1986 to facilitate these changes.
Scope and Application
The Primary Industries Levies and Charges Collection (Dairy) Regulations (Repeal) 1995 No. 211 applies to the administrative arrangements for the collection of levies and charges imposed by the Commonwealth, specifically in relation to market milk, manufacturing milk, research, Corporation, promotion, acquisition offset, re-import, and import offset levies within the dairy industry. The repeal of the Primary Industries Levies and Charges Collection (Dairy) Regulations, effective from 1 July 1995, is necessary to align with the new collection arrangements established under the Primary Industries Levies and Charges Collection Act 1991. These regulations work in conjunction with the Dairy Produce Act 1986, the Dairy Produce Levy (No. 1) Act 1986, and the Dairy Produce Levy (No. 2) Act 1986. The repeal responds to the termination of existing dairy market support arrangements and the introduction of a new scheme resulting from Australia's commitments under the Uruguay Round of trade negotiations. The new arrangements aim to provide the same level of support to manufacturing milk producers until 30 June 2000, when the replacement scheme will also conclude. The regulations are designed to ensure a smooth transition from the old to the new collection system, as detailed in the new administrative arrangements.
Key Provisions
The Primary Industries Levies and Charges Collection (Dairy) Regulations (Repeal) 1995 No. 211, pursuant to the Primary Industries Levies and Charges Collection Act 1991, effectively repeals existing dairy-related regulations and introduces new collection arrangements (Reg. 1). These changes, outlined in Regulation 2, specifically repeal the Primary Industries Levies and Charges Collection (Dairy) Regulations 1991 No. 270, and they are intended to implement new administrative measures as of 1 July 1995. These measures are necessitated by the termination of the existing dairy market support arrangements and the introduction of a new scheme under Australia's commitments from the Uruguay Round of trade negotiations (Reg. 1).
Under these regulations, entities responsible for the collection of levies and charges, such as market milk, manufacturing milk, research, Corporation, promotion, acquisition offset, re-import, and import offset levies, must adhere to the new administrative arrangements detailed in the repealed regulations (Reg. 1). The obligations primarily include ensuring compliance with the new collection methods and procedures established by the Collection Act and related acts, such as the Dairy Produce Act 1986 and the Dairy Produce Levy (No. 1) Act 1986 and the Dairy Produce Levy (No. 2) Act 1986. These entities must ensure that all levies and charges are accurately collected, recorded, and remitted to the appropriate authorities in accordance with the updated guidelines.
Failure to comply with the provisions of these regulations can lead to serious consequences. The act imposes penalties for non-compliance, including fines and potential legal action. Specifically, the Collection Act stipulates that any person who fails to comply with the requirements for the collection and remittance of levies and charges may be liable for a penalty. The maximum penalty for such an offence can be substantial, reflecting the seriousness with which the law treats non-compliance in these matters. Additionally, persistent or egregious breaches may lead to more severe civil or criminal penalties, depending on the nature and extent of the non-compliance.