Primary Industries Levies and Charges Collection (National Residue Survey - Wheat) Regulations 1993 No. 314
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 314
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 - Wheat) 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 wheat 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-Wheat) 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 sale value of the grain, 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 - Wheat) Regulations 1993, made under the authority of the Minister for Primary Industries and Energy, were enacted to provide the necessary administrative framework and set the operative levy rate for the National Residue Survey (NRS) related to wheat. This regulation was established in response to the need for a systematic approach to collect levies and charges necessary for the implementation of the National Residue Survey Administration Act 1992 and the Primary Industries Levies and Charges Collection Act 1991. The regulations aim to ensure the effective administration of the levy, which is essential for funding the surveillance and research activities required to monitor and manage pesticide residues and contaminants in wheat. By setting the levy rate at 0.03% of the sale value of the grain, the regulations support the Grains Council of Australia's commitment to the NRS under a full cost recovery model.
Scope and Application
The Primary Industries Levies and Charges Collection (National Residue Survey - Wheat) Regulations 1993, made under the authority of the Minister for Primary Industries and Energy, pertain to the implementation of the National Residue Survey Administration Act 1992 and the Primary Industries Levies and Charges Collection Act 1991. These regulations apply to entities involved in the wheat industry, particularly those required to contribute to the National Residue Survey. The geographic reach of these regulations is national, affecting all wheat producers and processors across Australia. The regulations establish a levy rate of 0.03% of the sale value of the grain, effective from 1 January 1994, to ensure full cost recovery for the survey. This rate aligns with the recommendations of the Grains Council of Australia. The regulations are designed to provide a structured mechanism for levy collection and ensure the survey's financial sustainability. The subordinate instruments may further extend or restrict the application of these regulations as necessary to achieve the objectives outlined in the primary acts.
Key Provisions
The primary operative sections of the Primary Industries Levies and Charges Collection (National Residue Survey - Wheat) Regulations 1993 (No. 314) are Sections 13 and 30, which allow the Governor-General to make regulations for the implementation and administration of the National Residue Survey Administration Act 1992 and the Primary Industries Levies and Charges Collection Act 1991, respectively. These sections empower the Governor-General to establish the necessary regulations, provided they do not conflict with the Acts themselves, and are required or permitted by the Acts, or necessary or convenient for their execution. Section 9(2)(b) specifically pertains to the rate of levy applicable to wheat, which is set not to exceed the specified rate detailed in Column [3] of the Table in the Schedule of the Act.
These regulations impose specific obligations and requirements on parties and entities involved in the wheat industry. They establish the administrative framework for conducting the National Residue Survey, including the collection of levies to fund the survey. Producers, processors, and other stakeholders must comply with these regulations to ensure they contribute their share towards the survey's costs. The regulations also detail the administrative process for levy collection, including the rate of levy, which is set at 0.03% of the sale value of the grain, effective from 1 January 1994.
In terms of consequences for non-compliance, the Regulations do not explicitly detail specific offences, penalties, or consequences within the provided text. However, under the broader framework of the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992, non-compliance with the regulations may lead to enforcement actions. These could include fines, legal penalties, or other administrative sanctions as prescribed by the relevant Acts. The exact nature and severity of penalties would typically be outlined in the primary legislation or in further subsidiary regulations.