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

Overview

The Primary Industries Levies and Charges Collection (National Residue Survey-Onion) Regulations (Amendment) 1997 No. 357 was enacted to amend the original regulations to correct a minor drafting error that had been identified. The Act, which was issued by authority of the Minister for Primary Industries and Energy, amends the Primary Industries Levies and Charges Collection Act 1991, the National Residue Survey Administration Act 1992, the Horticultural Export Charge Act 1987, and the Horticultural Levy Act 1987. The purpose of the amendment is to set the operative rate of levy to be recovered from the onion export industry for its commitment to a chemical residue monitoring program. The correction clarifies that a rate of levy set by regulation under the Horticultural Export Charge Act 1987 triggers sub-section 9(2) of the National Residue Survey Administration Act 1992 and allows an export charge to be collected from onion exporters. The regulations are intended to take effect from 1 January 1998.

Scope and Application

The Primary Industries Levies and Charges Collection (National Residue Survey-Onion) Regulations (Amendment) 1997 No. 357 applies to the onion export industry within Australia, specifically targeting entities involved in the export of onions. These regulations are made under the authority of the Minister for Primary Industries and Energy and are governed by several legislative acts including the Primary Industries Levies and Charges Collection Act 1991, the National Residue Survey Administration Act 1992, the Horticultural Export Charge Act 1987, and the Horticultural Levy Act 1987. The regulations aim to correct a minor drafting error in the original regulations, ensuring the correct rate of levy is set for the onion export industry's participation in a chemical residue monitoring program. The correction clarifies that a rate of levy set by regulation under the Horticultural Export Charge Act 1987 triggers the collection of an export charge from onion exporters as stipulated in the National Residue Survey Administration Act 1992. The regulations are intended to take effect from 1 January 1998, thereby providing clarity and ensuring compliance with the legislative requirements.

Key Provisions

The Primary Industries Levies and Charges Collection (National Residue Survey-Onion) Regulations (Amendment) 1997 No. 357, issued by the Minister for Primary Industries and Energy, amends existing regulations to correct a drafting error in the original regulations. This correction is essential to ensure that the correct rate of levy is applied to the onion export industry for their participation in a chemical residue monitoring program. Specifically, the amendment clarifies that a rate of levy set by regulation under the Horticultural Export Charge Act 1987 triggers sub-section 9(2) of the National Residue Survey Administration Act 1992, thereby enabling an export charge to be collected from onion exporters (Section 30 of the Collection Act; Section 13 of the NRS Act; subsection 14(1) of the Charge Act and the Levy Act). The amended regulations impose obligations on the parties governed by the Horticultural Export Charge Act 1987 and the Horticultural Levy Act 1987. The primary obligation is that the onion export industry must now comply with the corrected levy rate, which was previously unclear due to the drafting error. This amendment ensures that the levy rate is properly applied and collected, facilitating the continuation of the chemical residue monitoring program. The regulations also necessitate that any relevant industry associations or bodies involved in the collection and payment of these levies must adhere to the updated rates and procedures specified in the regulations (Section 10 of the Charge Act). The regulations do not introduce new offences or penalties but clarify the existing framework for levy collection and compliance. The levy rates and collection processes remain governed by the original Acts, with the amendment serving to correct an oversight in the regulatory language. The primary consequence of non-compliance with these corrected regulations would be the failure to remit the proper amount of levy to the Commonwealth, potentially leading to enforcement actions under the primary legislation. The maximum penalties for non-compliance are those specified in the Horticultural Export Charge Act 1987 and the Horticultural Levy Act 1987, which may include fines and other legal repercussions as stipulated by those Acts.