Primary Industries Levies, Charges and Collection Regulations (Repeal) 1999

Administered by Department of Agriculture

Legislation au F1999B00311 Regulations Not in force Legislative Instrument

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Primary Industries Levies, Charges and Collection Repeal Regulations 1999 1999 No. 304

EXPLANATORY STATEMENT

Statutory Rules. 1999 No. 304

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

Primary Industries Levies and Charges Collection Act 1991

Primary Industries (Customs) Charges Act 1999

Primary Industries (Excise) Levies Act 1999

Primary Industries Levies, Charges and Collection Repeal Regulations 1999

Section 30 of the Primary Industries Levies and Charges Collection Act 1991, [the Collection Act], section 8 of the Primary Industries (Customs) Charges Act 1999, [the Customs Charges Act], and section 8 of the Primary Industries (Excise) Levies Act 1999, [the Excise Levies Act], provide that the Governor-General may make regulations prescribing matters required or permitted to be prescribed by the Acts, or necessary or convenient to be prescribed for carrying out or giving effect to the Acts.

The Customs Charges Act, and the Excise Levies Act consolidated the former levies and charges imposition Acts that imposed duties of customs or of excise on various primary industry commodities and products. As part of this consolidation process the former levies and charges imposition Acts were repealed along with many of their subordinate regulations.

The purpose of these regulations is to carry on the process of removing those regulations that were previously supported by the repealed Acts, saved under provisions of Primary Industries Levies and Charges (Consequential Amendments) Act 1999 but are now spent or redundant.

Regulations 1 to 4 and Schedule 1 are taken to have commenced on 1 July 1999 and those in Schedule 2 will commence on 1 January 2000. The retrospective repeal of regulations in Schedule 1 coincides with the commencement of the Customs Charges Act and the Excise Levies Act on 1 July 1999, and the repeal of certain spent legislation. There are no effects on the liabilities of an, levy or charge payer nor the Commonwealth.

Details of the Primary Industries Levies, Charges and Collection Repeal Regulations 1999 are included in the attachment.

ATTACHMENT

PRIMARY INDUSTRIES LEVIES, CHARGES AND COLLECTION REPEAL REGULATIONS 1999

Regulation 1 gives the name of the regulations as the Primary Industries Levies, Charges and Collection Repeal Regulations 1999.

Regulation 2 provides that Regulations 1 to 4 and Schedule 1 are taken to have commenced on 1 July 1999, and Schedule 2 will commence on 1 January 2000. The retrospective repeal of regulations in Schedule 1 coincides with the commencement of the Customs Charges Act and the Excise Levies Act on 1 July 1999, and the repeal of the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, the Horticultural Levy Collection Act 1987, and the Horticultural Export Charge Collection Act 1987 which are spent. There are no effects on the liabilities of any levy or charge payer nor the Commonwealth.

Regulation 3 provides saying provisions, such that, despite the repeal of regulations by the Schedule, those regulations still apply to levies and charges imposed before the commencement of the Schedule 1.

Regulation 4 provides saving provisions, such that, despite the repeal of regulations by the Schedule, those regulations still apply to levies and charges imposed before the commencement of the Schedule 2.

SCHEDULE 1

The schedule provides details of the regulations to be repealed with effect from 1 July 1999.

Section 1 provides for the repeal of certain statutory rules made under the Horticultural Export Charge Act 1987 and the Horticultural Export Charge Collection Act 1987, namely, Statutory Rules 1989 No. 251 [the Horticultural Export Charge (Nursery Products) Regulations].

Section 2 provides for the repeal of certain statutory rules made under the Horticultural Levy Act 1987 and the Horticultural Levy Collection Act 1987, namely the Horticultural Levy (Apple and Pear) Regulations. These are:

*       1988 No. 189;

*       1989 Nos. 22, 44, and 345.

Section 3 provides for the repeal of certain statutory rules made under the Horticultural Levy Act 1987 and the Horticultural Levy Collection Act 1987, namely the Horticultural Levy (Citrus) Regulations. These are:

*       1988 No. 188;

*       1989 Nos. 42 and 263; and

*       1990 No. 306.

SCHEDULE 2

Section 1 proves for the repeal of certain statutory rules (that is, regulations made under the Grain Legumes Levy Act 1985, and continued in force under Schedule 12 to the Primary Industries (Excise) Levies Act 1999). These are:

*       1986 Nos. 309 and 321;

*       1988 No. 235;

*       1991 No. 47; and

*       1992 No. 442.

Section 2 provides for the repeal of certain statutory rules (that is, regulations made under the Oilseeds Levy Act 1977, and continued in force under Schedule 20 to the Primary Industries (Excise) Levies Act 1999). These are:

*       1986 Nos. 221 and 222; and

*       1989 No. 248;

Section 3 provides for the repeal of certain statutory rules (that is, regulations made under the Coarse Levy Act 1992, and continued in force under Schedule 4 to the Primary Industries (Excise) Levies Act 1999). These are:

*       1992 No. 306;

*       1993 Nos. 7, 249, and 316;

*       1994 No. 354; and

*       1999 No. 120.

Section 4 provides for the repeal of certain statutory rules (that is, regulations made under the Grain Legumes Levy Act 1985, and Primary Industries Levies and Charges Collection Act 1991). These are:

*       1991 No. 185;

*       1992 No. 378;

*       1993 No. 248; and

*       1998 No. 154.

Section 5 provides for the repeal of certain statutory rules (that is, regulations made under the Oilseeds Levy Act 1977, and Primary Industries Levies and Charges Collection Act 1991). These are:

*       1991 No. 185;

*       1992 No. 379;

*       1993 No. 247; and

*       1998 No. 153.

Section 6 provides for the repeal of certain statutory rules (that is, regulations made under the Rice Levy Act 1991 and continued in force under Schedule 23 to the Primary Industries (Excise) Levies Act 1999). These are:

*       1991 No. 440; and

*       1999 No. 12 1.

Section 7 provides for the repeal of certain statutory rules (that is, regulations made under the Wheat Levy Act 1989, and continued in force under Schedule 25 to the Primary Industries (Excise) Levies Act 1999). These are:

*       1991 No. 306;

*       1993 No. 246;

*       1998 No. 158; and

*       1999 No. 122.

Section 8 provides for the repeal of certain statutory rules, namely Statutory Rules 1999 No. 119 (that is, regulations made under the Primary Industries (Excise) Levies Act 1999, and Primary Industries Levies and Charges Collection Act 1991).

 

Overview

The Primary Industries Levies, Charges and Collection Repeal Regulations 1999 were enacted to address the need to repeal outdated regulations that were previously supported by now-repealed Acts, namely the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, the Horticultural Levy Collection Act 1987, and the Horticultural Export Charge Collection Act 1987. This was part of a broader consolidation of primary industry levies and charges into the Primary Industries (Customs) Charges Act 1999 and the Primary Industries (Excise) Levies Act 1999. The regulations were issued under the authority of the Minister for Agriculture, Fisheries and Forestry, in line with the powers conferred by the Primary Industries Levies and Charges Collection Act 1991, the Primary Industries (Customs) Charges Act 1999, and the Primary Industries (Excise) Levies Act 1999. The overarching policy objective of these regulations was to streamline and modernise the regulatory framework governing primary industry levies and charges, ensuring that the legal system remains efficient and responsive to contemporary needs.

Scope and Application

The Primary Industries Levies, Charges and Collection Repeal Regulations 1999 applies to the consolidation and subsequent repeal of various regulations that were previously supported by Acts now repealed. These Acts include the Primary Industries (Customs) Charges Act 1999, the Primary Industries (Excise) Levies Act 1999, and the Primary Industries Levies and Charges Collection Act 1991. The regulations are intended to remove redundant or spent regulations that were saved under the Primary Industries Levies and Charges (Consequential Amendments) Act 1999. The scope of the regulations includes levies and charges imposed on various primary industry commodities and products, such as horticultural, grain legumes, oilseeds, and coarse grains. The regulations have a national reach as they are made under Commonwealth authority. Notably, the repeal of these regulations does not affect the liabilities of any levy or charge payer or the Commonwealth. The regulations came into effect in two stages, with Regulations 1 to 4 and Schedule 1 commencing on 1 July 1999, and Schedule 2 commencing on 1 January 2000. The application of the repealed regulations is preserved for levies and charges imposed before the commencement dates of the respective schedules.

Key Provisions

The Primary Industries Levies, Charges and Collection Repeal Regulations 1999 (Regulations) serve to repeal various subordinate regulations that were previously supported by now-repealed Acts, namely the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, the Horticultural Levy Collection Act 1987, and the Horticultural Export Charge Collection Act 1987, as well as other related Acts. Regulation 1 provides the name of the Regulations as the Primary Industries Levies, Charges and Collection Repeal Regulations 1999, while Regulation 2 specifies the commencement dates for different parts of the Regulations, with Regulations 1 to 4 and Schedule 1 commencing on 1 July 1999, and Schedule 2 commencing on 1 January 2000. The Regulations also include saying and saving provisions in Regulations 3 and 4, which ensure that the repealed regulations still apply to levies and charges imposed before the commencement of the respective schedules. These Regulations impose obligations on the parties and entities they govern by repealing certain subordinate regulations that were previously supported by now-repealed Acts. The Regulations ensure that the repealed regulations still apply to levies and charges imposed before the commencement of the respective schedules. This is intended to provide clarity and continuity in the application of the Regulations, while also streamlining the regulatory framework by removing outdated and redundant regulations. There are no specific offences, penalties, or civil/criminal consequences for breach outlined in these Regulations. However, it is important to note that the Regulations are part of a broader legislative framework that includes the Primary Industries Levies and Charges Collection Act 1991, the Primary Industries (Customs) Charges Act 1999, and the Primary Industries (Excise) Levies Act 1999. These Acts contain provisions related to the imposition, collection, and enforcement of levies and charges, and may include offences and penalties for breach. The Regulations themselves do not impose any additional offences or penalties, but they do provide a framework for the repeal of outdated and redundant regulations, which may help to ensure that the regulatory framework remains up-to-date and effective.

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