Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2007 (No. 3)

Administered by Department of Agriculture

Legislation au F2007L01778 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 149

 

Issued by Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

 

National Residue Survey (Excise) Levy Act 1998

 

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2007 (No. 3)

 

Section 8 of the National Residue Survey (Excise) Levy Act 1998 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The National Residue Survey (NRS) implements chemical residue monitoring programs and recovers the costs of the programs from participating industries.  The purpose of the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2007 (No. 2) which were made by the Governor-General in Council on 23 May 2007 was to include all tradable grains in the NRS Grains Residue Testing Program.  However due to a drafting oversight, those Regulations did not allow the operative rate of 0.015% ad valorem levy to be collected on the grains that were added to the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998. 

 

The purpose of the proposed Regulations is to correct that omission and provide for the operative rate of 0.015% ad valorem levy to be collected.  This would allow all tradeable grain legumes, all tradeable oilseeds, maize and triticale to be included in the NRS Grains Residue Testing Program.

 

Background and consultation on the Regulations is in the Attachment A and details are in Attachment B.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

 

The Regulations will commence on 1 July 2007.

 

 

(0700888B-070604Z)


ATTACHMENT A

BACKGROUND ON THE REGULATIONS

 

National Residue Survey (NRS) Grains Levy and Grains Residue Testing Program

In 2004 the Grains Council of Australia (GCA) accepted requests by Pulse Australia, the Australian Oilseed Federation and the Maize Association of Australia for new grains to be included in the NRS Grains Residue Testing Program.  This means participating in the GRDC and Plant Health Australia levies and the NRS levy for the new grains.  Pulse Australia is the industry body that represents grain legumes growers in Australia.  The words “pulse” and “grain legume” are inter-changeable.

 

The NRS Grains Residue Testing Program currently covers wheat, barley, oats, sorghum, canola, chickpeas, field peas and lupins and is funded through a 0.015 per cent ad valorem levy.  The commodities that are currently not paying the NRS levy are other tradeable grain legumes (pulses), other tradeable oilseeds, maize, and triticale.

The purpose of the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2007 (No. 3) is to include all tradable grains in the NRS Grains Residue Testing Program.  The regulations do not alter the existing 0.015 per cent ad valorem levy.

 

Industry Consultation

Around mid-2005, the GCA made the first submission seeking approval of the change.  However, following consultation between NRS, the Food and Agriculture Division and the Levies Revenue Service, the Department advised the GCA that there was insufficient consultation with growers.  This second submission was prepared after satisfying this requirement. The consultation involved the distribution of information about the change. The NRS then followed this up with visits during the annual general meetings of farmers’ organisations where discussions and voting on the proposal took place.  In addition, a Bulletin with a voting slip was prepared and circulated to farmers so those that could not attend the meetings could vote on the proposal.

 

On the basis of the information provided by GCA, there appears to be minimal or no opposition to including the new grains into the NRS Grains Residue Testing Program.

 

Consultation with the Office of Best Practice Regulation

The Office of Best Practice Regulation (OBPR) was consulted in the preparation of the Regulations.  OBPR has advised that it is not necessary to prepare a Regulation Impact Statement on this matter (RIS 8875).

 

Consultation with the Department of Finance and Administration

The Department of Finance and Administration through the Financial Framework Policy Branch (FFPB) was consulted in the preparation of the Regulations.  The FFPB advised that a cost recovery impact statement does not appear to be required at this time.

 

 


ATTACHMENT B

 

DETAILS OF THE PRIMARY INDUSTRIES LEVIES AND CHARGES (NATIONAL RESIDUE SURVEY LEVIES) AMENDMENT REGULATIONS 2007 (No. 3)

 

Regulation 1 gives the name of the Regulations as the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2007 (No. 3).

Regulation 2 provides for the Regulations to commence on 1 July 2007.

Regulation 3 provides that Schedule 1 amends the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998.

SCHEDULE 1  Amendments

 

Item 1 Omits note which specifies certain clauses which were not used and are no longer relevant.

 

Item 2 Inserts regulations that set the levy rate of eligible coarse grains at 0.015 percent ad valorem rate.  Eligible coarse grains are triticale and maize.

 

Item 3 Omits note which specifies certain clauses which were not used and are no longer relevant.

 

Item 4 Inserts regulations that set the levy rate of eligible grain legumes at 0.015 percent ad valorem rate.  Eligible grain legumes are cow pea, faba or broad bean, lentil, mung bean, navy bean, pigeon pea and vetch.  A new note is also inserted to specify Regulation number 73 is intentionally not used.

 

Item 5 Omits note which specifies certain clauses which were not used and are no longer relevant.

 

Item 6 Inserts regulations that set the levy rate of eligible oilseeds at 0.015 percent ad valorem rate.  Eligible oilseeds are linseed, safflower, soybean and sunflower.

 

 

 

Overview

The National Residue Survey (Excise) Levy Act 1998 was enacted to establish a framework for implementing chemical residue monitoring programs and recovering the costs of these programs from participating industries. The Act allows for regulations to be made by the Governor-General, as specified in Section 8, to carry out or give effect to the Act. The problem addressed by this legislation was the need to monitor and control chemical residues in agricultural products, ensuring food safety and maintaining market access for Australian produce. The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2007 (No. 3), issued under the authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry, were made to correct a drafting oversight in the earlier 2007 amendment regulations that failed to include a levy rate on certain grains added to the National Residue Survey Grains Residue Testing Program. The policy objective of these Regulations is to ensure that the 0.015% ad valorem levy is correctly applied to all tradable grains, including newly included legumes, oilseeds, maize, and triticale, thereby fully funding the residue monitoring program.

Scope and Application

The National Residue Survey (Excise) Levy Act 1998 applies to industries involved in the production and trade of grains, particularly those participating in the National Residue Survey (NRS) program, which monitors chemical residues in agricultural products. The Act allows for the imposition of a levy to fund these monitoring programs, ensuring that the industries involved contribute to the costs of residue testing. The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2007 (No. 3) were made to correct a drafting oversight that omitted the collection of a 0.015% ad valorem levy on certain grains added to the NRS Grains Residue Testing Program. These regulations extend the application of the levy to include all tradeable grain legumes, oilseeds, maize, and triticale, thus ensuring that the funding mechanism for the NRS program is comprehensive and inclusive of all relevant grains. The Regulations, issued under the authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry, will commence on 1 July 2007, and are designed to ensure that the appropriate levy rates are applied to the newly included grains.

Key Provisions

The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2007 (No. 3) make amendments to the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998. Specifically, these Regulations aim to correct a drafting oversight in the previous Amendment Regulations (No. 2) by enabling the collection of the 0.015% ad valorem levy on certain grains that were inadvertently omitted. This ensures that all tradeable grains, including grain legumes, oilseeds, maize, and triticale, are included in the National Residue Survey (NRS) Grains Residue Testing Program. The regulations, as outlined in Schedule 1, set the levy rate for these new categories of grains at the same rate as the existing commodities. The Act imposes several obligations on the parties involved in the grains industry. Firstly, the growers and producers of the specified grains must participate in the NRS by paying the prescribed levy. This levy funds the chemical residue monitoring programs implemented by the NRS. Secondly, the grain industries, including associations such as Pulse Australia, the Australian Oilseed Federation, and the Maize Association of Australia, must facilitate the collection of the levy from their members. The regulations require these associations to ensure that their members are aware of their obligations under the Act and to assist in the administration of the levy collection process. Additionally, the Grains Council of Australia must oversee the implementation of these amendments and ensure that the new levy rates are correctly applied and collected. Failure to comply with the provisions of the Act and the Regulations may result in various penalties and consequences. Firstly, if a grower or producer fails to pay the required levy, they may be subject to fines or other financial penalties. The exact penalties are not specified in the text but generally, non-compliance with agricultural levies can attract significant fines. Additionally, persistent non-compliance may lead to legal action being taken by the authorities. Furthermore, the grain industry associations that fail to ensure their members comply with the levy requirements may also face penalties. The non-compliance by industry bodies could lead to reputational damage and potential regulatory sanctions. In conclusion, the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2007 (No. 3) are designed to rectify a previous oversight and ensure that all tradeable grains are included in the NRS Grains Residue Testing Program. These Regulations impose specific obligations on grain growers, producers, and industry associations to participate in and facilitate the levy collection process. Non-compliance with these regulations may result in financial penalties and other legal consequences, underscoring the importance of adhering to the Act's requirements.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.