Primary Industries Levies and Charges Collection (National Residue Survey - Grain Legumes) Regulations (Amendment)

Overview

The Primary Industries Levies and Charges Collection (National Residue Survey - Grain Legumes) Regulations (Amendment) 1996 No. 65, issued under the authority of the Minister for Primary Industries and Energy, amends the Primary Industries Levies and Charges Collection (National Residue Survey - Grain Legumes) Regulations to align with the legislative frameworks of the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992. The key objective of these regulations is to revise the operative levy rates for certain grain legumes, specifically reducing the levy on lupins and field peas while also introducing a levy on chickpeas, effective from 1 July 1996. This amendment aims to ensure the regulatory framework supports industry commitments to the National Residue Survey under the principle of full cost recovery.

Scope and Application

The Primary Industries Levies and Charges Collection (National Residue Survey - Grain Legumes) Regulations (Amendment) 1996 No. 65, issued under the authority of the Minister for Primary Industries and Energy, amends the existing regulations pertaining to the collection of levies under the Primary Industries Levies and Charges Collection Act 1991 and the administration of the National Residue Survey under the National Residue Survey Administration Act 1992. This amendment specifically targets the operative levy rates on certain grain legumes, namely lupins and field peas, by reducing the levy rate from 0.03% to 0.015% of the value of the grain, effective from 1 July 1996. Additionally, the regulations extend the scope of the survey to include chickpeas, thereby broadening the industry's commitment to the National Residue Survey under the principle of full cost recovery. These regulatory changes are designed to align with industry feedback and ensure that the survey remains comprehensive and effective.

Key Provisions

The Primary Industries Levies and Charges Collection (National Residue Survey - Grain Legumes) Regulations (Amendment) 1996 No. 65 (the Regulations) primarily amend the operative sections of the Primary Industries Levies and Charges Collection (National Residue Survey-Grain Legumes) Regulations. Section 30 of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) allows for the making of regulations necessary for carrying out or giving effect to the Collection Act, which includes the payment of levies and other amounts payable to the Commonwealth. Section 13 of the National Residue Survey Administration Act 1992 (the NRS Act) similarly allows for regulations that are necessary for the administration of the NRS Act. The Regulations amend the operative levy rate for certain grain legumes, specifically lupins and field peas, reducing it from 0.03% to 0.015% of the value of the grain, effective from 1 July 1996. Additionally, chickpeas are now included under the purview of these Regulations. The Regulations impose specific obligations and requirements on the parties and entities they govern. Primarily, they mandate a reduced levy rate for lupins and field peas, effective from 1 July 1996, which aligns with industry commitments to the National Residue Survey under full cost recovery principles. The new levy rate requires adjustments in the calculation of the amounts payable to the Commonwealth by those involved in the production and sale of these grain legumes. This includes the necessity for entities to accurately report the value of their grain to ensure the correct levy is applied and paid. Breaches of the Regulations may lead to civil and criminal consequences. While the specific provisions detailing offences, penalties, or consequences are not detailed in the provided excerpt, the general framework of the Collection Act and NRS Act suggest that non-compliance could result in penalties. Such penalties could include fines or other civil sanctions for failure to pay the correct levy amounts, and potentially criminal charges for deliberate or fraudulent non-compliance. The exact penalties would be in accordance with the prevailing laws and regulations governing the administration of levies under the Collection Act and NRS Act.