Primary Industries Levies and Charges Collection (Potato) Regulations (Amendment)

Overview

The Primary Industries Levies and Charges Collection (Potato) Regulations (Amendment) 1998 No. 156 were enacted to address a specific gap in the definition of who is liable to pay the levy under the Primary Industries Levies and Charges Collection Act 1991. This amendment was issued under the authority of the Minister for Primary Industries and Energy and is consistent with the Horticultural Export Charge Act 1987, the Horticultural Levy Act 1987, and the Primary Industries Levies and Charges Collection Act 1991. The policy objective of these regulations is to ensure that all relevant parties, including exporters, are clearly identified as producers and thus liable for the specified levies. The regulations came into effect on 3 July 1998, aligning with the changes introduced by Schedule 2 of the National Residue Survey Administration Amendment Act 1998.

Scope and Application

The Primary Industries Levies and Charges Collection (Potato) Regulations (Amendment) 1998 No. 156 applies to producers of potatoes, including those who export potatoes, for the purposes of collecting levies and charges under the Primary Industries Levies and Charges Collection Act 1991. This amendment extends the definition of 'producer' to encompass exporters, ensuring that they are regarded as liable for the applicable levies. The regulations are made under the authority of the Minister for Primary Industries and Energy and align with provisions in the Horticultural Export Charge Act 1987, the Horticultural Levy Act 1987, and the Primary Industries Levies and Charges Collection Act 1991. These Acts empower the Governor-General to create regulations necessary for the effective implementation of the Acts, ensuring that the regulatory framework is comprehensive and addresses the evolving nature of potato production and trade. The regulations are designed to be consistent with these Acts and are effective from 3 July 1999, the date of proclamation of Schedule 2 of the National Residue Survey Administration Amendment Act 1998.

Key Provisions

The Primary Industries Levies and Charges Collection (Potato) Regulations (Amendment) 1998 No. 156 amends the existing regulations concerning the collection of levies on potatoes under the Primary Industries Levies and Charges Collection Act 1991 (section 30). These regulations, as amended, provide clarification on who is considered the producer of potatoes for the purposes of levy imposition, as per the Horticultural Export Charge Act 1987 and the Horticultural Levy Act 1987. Specifically, they now include an exporter in the definition of producer, thereby making exporters liable for the payment of the applicable levies. This amendment is effective from 3 July 1998, the date of proclamation of Schedule 2 of the National Residue Survey Administration Amendment Act 1998. The amended regulations impose obligations on potato producers, including exporters, to ensure they comply with the requirements set forth in the Primary Industries Levies and Charges Collection Act 1991. The primary obligation is to accurately identify and report their potato production activities to the relevant authorities. This includes providing detailed records of potato production, including quantities produced and any subsequent export activities. Failure to comply with these obligations may result in legal consequences, including fines or other penalties as stipulated by the Act. Under the amended regulations, any person who fails to comply with the requirements to identify and report potato production activities may be subject to civil or criminal penalties. The specific consequences for non-compliance include fines, as outlined in the Primary Industries Levies and Charges Collection Act 1991. The maximum penalty for contravening these regulations can be significant, reflecting the importance of accurate reporting and compliance with levy obligations. The penalties serve as a deterrent against non-compliance and ensure that all potato producers, including exporters, contribute their fair share to the collection of levies.