Primary Industries Levies and Charges Collection (National Residue Survey - Coarse Grains) Regulations 1993 No. 313
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 313
Issued by Authority of the Minister for Primary Industries and Energy
National Residue Survey Administration Act 1992
Primary Industries Levies and Charges Collection Act 1991
Primary Industries Levies and Charges Collection (National Residue Survey - Coarse Grains) Regulations
Section 13 of the National Residue Survey Administration Act 1992 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for the purposes of carrying out or giving effect to the Act.
Section 30 of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for the purposes of carrying out or giving effect to the Collection Act, in particular the making of provisions in relation to the payment of levy or amounts on account of levy and other amounts payable to the Commonwealth.
Paragraph 9(2)(b) of the Act allows for a rate of levy to be prescribed in relation to coarse grains not exceeding the rate specified in Column [3] of the Table appearing in the Schedule to the Act.
The purpose of the proposed regulations is to provide the appropriate administrative measures and set the operative levy rate under which the Primary Industries Levies and Charges Collection (National Residue Survey-Coarse Grains) Regulations will operate from 1 January 1994.
The prescribed operative rate of levy appearing in Column [2] of the Table appearing in the Act is being set at the maximum rate of zero point zero three per cent (0.03%) of the value of the grain for oats, grain sorghum and barley, with effect from 1 January 1994. This rate of levy is consistent with the wishes of the Grains Council of Australia in accordance with its commitment to the National Residue Survey under full cost recovery.
Overview
The Primary Industries Levies and Charges Collection (National Residue Survey - Coarse Grains) Regulations 1993, established under the authority of the Minister for Primary Industries and Energy, address the need for effective administrative measures and the setting of levy rates for the collection of funds related to the National Residue Survey. Enacted in response to the provisions of the National Residue Survey Administration Act 1992 and the Primary Industries Levies and Charges Collection Act 1991, these regulations were designed to ensure that the necessary financial resources could be collected to support the survey's objectives. The regulations aim to establish a levy rate that aligns with the commitments made by the Grains Council of Australia, ensuring full cost recovery for the survey activities.
The policy objective of these regulations is to implement a structured and fair system for levy collection, specifically targeting coarse grains such as oats, grain sorghum, and barley. By setting the operative rate of levy at 0.03% of the value of these grains, the regulations seek to balance the need for adequate funding with the economic considerations of the grain producers, as advocated by the Grains Council of Australia. The regulations came into effect from 1 January 1994, providing a clear framework for the levy collection process in line with the legislative intent.
Scope and Application
The Primary Industries Levies and Charges Collection (National Residue Survey - Coarse Grains) Regulations 1993 apply to entities involved in the production, processing, or sale of coarse grains within Australia, including farmers, grain handlers, and exporters. The regulations operate under the authority granted by the National Residue Survey Administration Act 1992 and the Primary Industries Levies and Charges Collection Act 1991. They establish a levy rate of 0.03% on the value of grains such as oats, grain sorghum, and barley, intended to fund the National Residue Survey aimed at monitoring chemical residues in agricultural produce. These regulations are applicable across the entire Commonwealth of Australia and are designed to ensure that all entities subject to the levy contribute to the survey’s costs, thereby facilitating compliance and promoting transparency in the grain industry. The regulations do not exclude any entities from the levy, and there are no stated exemptions or thresholds within the provided text, though the collection process may be further defined through subordinate instruments.
Key Provisions
The Primary Industries Levies and Charges Collection (National Residue Survey - Coarse Grains) Regulations 1993 (No. 313) lay out the operational framework and levy rates for the collection of funds to support the National Residue Survey (NRS) for coarse grains such as oats, grain sorghum, and barley. Section 13 of the National Residue Survey Administration Act 1992 empowers the Governor-General to create these regulations to ensure the Act's provisions are effectively implemented. Similarly, Section 30 of the Primary Industries Levies and Charges Collection Act 1991 allows for regulations that detail the collection of levies and charges, ensuring the Act's objectives are met.
Under these regulations, the levy rate for coarse grains is set at 0.03% of the grain's value, effective from 1 January 1994. This rate has been determined in consultation with the Grains Council of Australia and aligns with the principle of full cost recovery for the NRS. The levy rate is the maximum permissible under the Act, ensuring that the funds raised are sufficient to cover the costs of the survey while remaining within the statutory limits.
The regulations impose obligations on the parties involved, including producers and handlers of coarse grains, to contribute to the NRS. These parties are required to calculate and remit the prescribed levy amount to the Commonwealth, as per the rates set out in the regulations. The obligation extends to ensuring that all necessary records are maintained and made available for audit purposes to verify compliance with the levy requirements.
Failure to comply with the provisions of these regulations can result in civil or criminal consequences. The precise nature of these consequences, including potential fines and penalties, would be determined in accordance with the broader legislative framework governing the collection of levies and charges. The maximum penalties are not explicitly stated in the provided text but would be governed by the relevant sections of the National Residue Survey Administration Act 1992 and the Primary Industries Levies and Charges Collection Act 1991, which could include substantial fines for non-compliance and, in severe cases, criminal charges.