Primary Industries Levies and Charges Collection (Dried Fruits) Regulations 1991 No. 271
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 271
Issued by Authority of the Minister of State for Primary Industries and Energy.
Primary Industries Levies and Charges Collection Act 1991
Primary Industries Levies and Charges Collection (Cotton) Regulations
Primary Industries Levies and Charges Collection (Dairy) Regulations
Primary Industries Levies and Charges Collection (Dried Fruits) Regulations
Primary Industries Levies and Charges Collection (Grape Research) Regulations
Primary Industries Levies and Charges Collection (Honey) Regulations
Primary Industries Levies and Charges Collection (Sugar Cane) Regulations
Primary Industries Levies and Charges Collection (Wine Grapes) Regulations
Section 30 of the above Act empowers the Governor-General to make regulations for the purposes of the Act, and in particular,
(1) providing for the manner of payment of levy and charge; and
(2) requiring producers and others to furnish returns and information; and
(3) requiring producers and others to keep accounts and records; and
(4) providing for penalties, not exceeding $1000, for offences against the regulations.
The Act brings together similar provisions previously embodied in over 30 Acts. The proposed Regulations will allow for the implementation of standard provisions across a broad range of industries as well as more uniformity in collection methods.
91R199DOC
91R334DOC
91R270DOC
91R325DOC
91R331DOC
91R324DOC
91R279DOC
Overview
The Primary Industries Levies and Charges Collection Act 1991 was enacted to streamline the process of collecting levies and charges from various primary industries, consolidating provisions previously scattered across over 30 different Acts. The Act aims to provide a uniform approach to the collection of levies and charges, thereby enhancing efficiency and reducing administrative burdens on both producers and the government. The problem it was introduced to address was the fragmentation of legislative provisions across numerous Acts, which complicated compliance and enforcement. The Act was passed by the Australian Parliament and its policy objective is to create a more coherent and streamlined regulatory framework for levy and charge collection in primary industries. The Explanatory Statement accompanying the Primary Industries Levies and Charges Collection (Dried Fruits) Regulations 1991, made under section 30 of the Act, highlights that these regulations are part of a broader initiative to implement standardised provisions across multiple industries, ensuring uniformity in collection methods and compliance requirements.
Scope and Application
The Primary Industries Levies and Charges Collection (Dried Fruits) Regulations 1991 No. 271, made under the Primary Industries Levies and Charges Collection Act 1991, applies to all entities involved in the production and handling of dried fruits within Australia. This includes producers, processors, and exporters of dried fruits, as well as any intermediaries involved in their supply chain. The regulations aim to standardise the collection of levies and charges associated with dried fruits across the industry, ensuring a uniform approach to compliance and reporting. These regulations also encompass the requirement for the aforementioned entities to furnish accurate returns and information, maintain relevant accounts and records, and adhere to prescribed payment methods. The geographic reach of these regulations is national, applying to all activities within the Australian jurisdiction. The Act includes provisions for penalties not exceeding $1000 for non-compliance, which are enforced through subordinate instruments. Additionally, the Act does not specify any exclusions, exemptions, or thresholds, thereby applying uniformly across the industry.
Key Provisions
The Primary Industries Levies and Charges Collection (Dried Fruits) Regulations 1991 (No. 271) outline the framework for the collection of levies and charges related to dried fruits, as authorised under section 30 of the Primary Industries Levies and Charges Collection Act 1991. The regulations provide specific instructions on the manner of payment for these levies and charges (Regulation 1), the requirement for producers and other relevant parties to submit returns and furnish necessary information (Regulation 2), and the necessity for maintaining detailed accounts and records (Regulation 3). These provisions aim to streamline the collection process across various dried fruit industries.
Under these regulations, producers and other entities are obligated to adhere to strict guidelines regarding the payment of levies and charges. This includes providing accurate and timely returns and information as required by the regulations (Regulation 2). Additionally, they must ensure that all relevant accounts and records are meticulously maintained, allowing for transparency and traceability in the collection process (Regulation 3). These obligations are crucial for ensuring that the collection of levies and charges is conducted efficiently and in compliance with the regulatory framework.
Failure to comply with the requirements set forth in these regulations may result in legal consequences. The regulations provide for penalties, not exceeding $1000, for offences against the regulations (Section 30). This penalty serves as a deterrent to non-compliance and ensures that all parties involved in the dried fruit industry adhere to the stipulated provisions. The imposition of penalties underscores the importance of following the regulatory framework to maintain the integrity of the collection process and the efficient operation of the dried fruit industry.