Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 4) 2001 No. 259
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 259
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Primary Industries (Excise) Levies Act 1999
National Residue Survey (Excise) Levy Act 1998
Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 9)
Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 4)
Section 8 of the Primary Industries (Excise) Levies Act 1999 [the Excise Act] and Section 8 of the National Residue Survey (Excise) Levy Act 1998 [the NRS Act], each provide that the Governor-General may make regulations prescribing matters required or permitted by that Acts to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to those Acts.
In 1999 the United States imposed restrictions on the import of Australian lamb. In response the Australian Government provided support to Australian lamb producers through a Lamb Assistance Package, Part of the package included a levy support component where the Government would pay half the transaction levy on all lamb sales in Australia for two years. The levy support scheme ceased on 1 August 2001.
The purpose of the regulations is to provide for a continuation of the halved operative levy rate of the lamb transaction levy beyond 31 August 2001. The request to continue the halved operative levy rate until the US restriction was lifted was made by the Sheepmeat Council of Australia. the peak industry body representing sheepmeat producers. The Government has agreed to continue the levy support until the restriction is lifted on 15 November 2001.
Sub section 48(2) of the Acts Interpretations Act 1901 provides that regulations may not be expressed to commence retrospectively where the rights of a person are affected so as to disadvantage that person or which impose a liability on a person other than the Commonwealth. Accordingly, the regulations provide for the application to be retrospective. to commence on 31 August 2001 and remain in force until the new sunset date of 15 November 2001. This way the halved operative levy rate period will continue in a seamless manner and there will be no break in support for Australian lamb producers. A liability will be imposed only on the Commonwealth.
Other than a new sunset date, there were no policy changes or new requirements for levy payers.
Both regulation amendments comprise 3 regulations and a Schedule as follows:
• Regulation 1 provides for the names of the two regulations.
• Regulation 2 provides for the two regulations to commence retrospectively on 31 August 2001.
• Regulation 3 provides for the two regulations to amend Primary Industries (Excise) Levies Regulations 1999 and Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 as set out in their respective Schedules 1.
• Schedule 1 provides for both regulations to continue the halved levy rate on lamb sales for the period 31 August 2001 until midnight on 15 November 2001.
Overview
The Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 9) and Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 4), both enacted in 2001, were introduced to address the economic challenges faced by Australian lamb producers following the imposition of import restrictions by the United States. The Australian Government had established a Lamb Assistance Package to support these producers, including a levy support component that saw the Government cover half of the transaction levy on lamb sales. As the levy support scheme was set to expire on 1 August 2001, these regulations aimed to extend the halved operative levy rate until 15 November 2001, when the US restrictions were expected to be lifted. Authorised by the Minister for Agriculture, Fisheries and Forestry, these regulations were designed to ensure a seamless continuation of support for the industry without imposing any disadvantage on lamb producers, in line with the provisions of the Acts Interpretations Act 1901.
Scope and Application
The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 4) applies to the levy payers under the Primary Industries (Excise) Levies Act 1999 and the National Residue Survey (Excise) Levy Act 1998, specifically targeting lamb producers and entities involved in the sale of lamb within Australia. These regulations are instrumental in modifying the levy rates on lamb transactions, which were initially halved as part of a government support package in response to trade restrictions imposed by the United States on Australian lamb. The scope of these regulations is confined to the national territory of Australia, with the amendments being applicable to all lamb sales throughout the country. The regulations extend the halved levy rate beyond the initially set cessation date of 31 August 2001 until 15 November 2001, ensuring a seamless continuation of support for Australian lamb producers. Notably, the regulations do not introduce any new exclusions, exemptions, or thresholds, and their application is retrospective, starting from 31 August 2001, to avoid any disadvantage to levy payers.
Key Provisions
The Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 9) and the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 4) (together referred to as the "Regulations") amend the existing levies and charges on lamb sales in Australia. Regulation 1 of the Regulations names the two sets of regulations. Regulation 2 establishes that these regulations will apply retrospectively from 31 August 2001, ensuring a seamless continuation of the halved operative levy rate. Regulation 3 amends the Primary Industries (Excise) Levies Regulations 1999 and the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998, as outlined in their respective Schedules. The Schedules specify that the halved levy rate on lamb sales will continue until midnight on 15 November 2001.
The Regulations impose obligations on entities involved in lamb sales to comply with the amended levy rates. Australian lamb producers and exporters must adhere to the halved levy rate during the specified period. The Australian Government, as the levy collector, is obligated to collect the adjusted levy rates from the relevant entities and provide financial support to the lamb producers as part of the Lamb Assistance Package. The Regulations ensure that the support scheme remains uninterrupted until the restrictions imposed by the United States on Australian lamb imports are lifted.
There are no specific offences or penalties outlined in these Regulations. However, failure to comply with the amended levy rates could result in the Australian Government not receiving the correct amount of levy from the entities involved in lamb sales. This could potentially lead to financial discrepancies and legal challenges regarding the collection and distribution of the levies. While the Regulations themselves do not specify penalties, non-compliance with the levy collection process might result in administrative or legal consequences under other relevant legislation.