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

Overview

The Primary Industries Levies and Charges Collection (National Residue Survey - Wheat) Regulations (Amendment) 1996 No. 63 was enacted to address the need for adjusting the levy rate on wheat under the Primary Industries Levies and Charges Collection Act 1991. The regulation was introduced to amend the Primary Industries Levies and Charges Collection (National Residue Survey - Wheat) Regulations, specifically lowering the operative levy rate from 0.03% to 0.015% of the value of the grain, effective from 1 July 1996. This amendment was authorised by the Minister for Primary Industries and Energy and aligns with the industry's commitment to the National Residue Survey under the full cost recovery principle. The regulation was made under the authority of the Governor-General, pursuant to sections 30 of the Primary Industries Levies and Charges Collection Act 1991 and section 13 of the National Residue Survey Administration Act 1992, to ensure consistency with the legislative framework and to facilitate the effective administration of the levies and charges.

Scope and Application

The Primary Industries Levies and Charges Collection (National Residue Survey - Wheat) Regulations (Amendment) 1996 No. 63 applies to entities involved in the wheat industry within Australia, specifically those subject to levies under the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992. This Act targets wheat producers and handlers who are required to contribute to the National Residue Survey, which is designed to monitor and ensure the safety of wheat residues. The regulations amend the operative levy rate applicable to wheat, reducing it from 0.03% to 0.015% of the value of the grain. This amendment is effective from 1 July 1996 and aligns with the industry's commitment to the National Residue Survey under a full cost recovery framework. The changes are made under the authority granted to the Governor-General by sections 30 of the Collection Act and 13 of the NRS Act, ensuring that the regulations do not conflict with the primary legislation.

Key Provisions

The Primary Industries Levies and Charges Collection (National Residue Survey - Wheat) Regulations (Amendment) 1996 No. 63 amends the original regulations to alter the operative levy rate on wheat, as prescribed in Regulation 6 of the Primary Industries Levies and Charges Collection (National Residue Survey-Wheat) Regulations. Specifically, the amendment reduces the prescribed levy rate from 0.03% to 0.015% of the value of the grain, effective from 1 July 1996. This change aligns with the commitment of the industry to the National Residue Survey under the full cost recovery model. These regulations impose certain obligations on the parties and entities governed by the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992. Specifically, the amendment requires those involved in the wheat industry to adjust their calculations for the levy payable from the new effective date. It mandates that the reduced levy rate of 0.015% be applied to the value of the wheat grain when determining the amount payable to the Commonwealth. This change ensures that all parties subject to these regulations are aware of and comply with the updated levy rate. In the event of non-compliance with the amended regulations, parties and entities may face civil or criminal consequences. Although the specific penalties for breach are not detailed in the explanatory statement, it is implied that penalties could include fines, legal action, or other enforcement measures as stipulated under the relevant acts. The exact penalties would be determined by the applicable laws and the nature and severity of the non-compliance. The amendments made by these regulations are intended to reflect the industry's commitment to the National Residue Survey under full cost recovery principles. By reducing the levy rate, the regulations aim to support the ongoing efforts of the wheat industry to participate in and fund the survey activities, which are essential for monitoring and ensuring the safety and quality of wheat products. This adjustment facilitates the industry's financial contribution to these essential activities, aligning with broader agricultural policy objectives.