Rice Levy Act 1991

Administered by Department of Primary Industries and Energy

Legislation au C2004A04243 Not in force Act

Legislation content

Rice Levy Act 1991

No. 168 of 1991

 

An Act to impose a levy on rice produced in Australia

[Assented to 14 November 1991]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Rice Levy Act 1991.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Interpretation

3.(1) In this Act, unless the contrary intention appears:

"leviable rice" means rice of a variety that is:

(a) specified in the Schedule; or

(b) prescribed by the regulations as leviable rice for the purposes of this Act;


"rice industry body" means:

(a) the Rice Marketing Board for the State of New South Wales; or

(b) the Rice Growers' Association of Australia; or

(c) the Ricegrowers' Co-operative Limited; or

(d) the Rice Marketing Board for the State of Queensland; or

(e) any other organisation prescribed by the regulations as a rice industry body for the purposes of this Act;

"season" means the period of 12 months beginning on 1 October 1991, and each succeeding period of 12 months;

"State marketing authority" means:

(a) the Rice Marketing Board for the State of New South Wales; or

(b) the Rice Marketing Board for the State of Queensland.

(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined in this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

Act to bind Crown

4. This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

Imposition of levy

5. Levy is imposed on leviable rice that is:

(a) produced in Australia; and

(b) delivered to a processor after the commencement of this section.

Rate of levy

6.(1) Subject to subsection (6), the rate of levy is the amount per tonne specified by the Minister by instrument published in the Gazette.

(2) The instrument must not specify a rate higher than $2.00 per tonne.

(3) The instrument may specify:

(a) different rates for different varieties of rice; and

(b) different rates for rice harvested in different seasons.

(4) The Minister must not specify a rate of levy for a variety of rice unless the rate is recommended by the State marketing authority for the State in which that variety is harvested.

(5) If a variety of rice is harvested in 2 or more States, the State marketing authorities for those States must, for the purposes of subsection (4), make a joint recommendation as to the rate for that variety.


(6) If:

(a) the Minister has specified a rate of levy for a variety of rice harvested in a particular season; and

(b) the Minister has not later specified another rate for that variety; the rate for rice of that variety harvested in a later season is the rate referred to in paragraph (a).

(7) A recommendation to the Minister under this section may be made on behalf of a State marketing authority by a person:

(a) who is an agent of the authority; and

(b) who is authorised by the authority to make a recommendation on behalf of the authority under this section.

(8) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

By whom levy payable

7. Levy on leviable rice is payable by the producer of the rice.

Regulations

8.(1) The Governor-General may make regulations for the purposes of section 3.

(2) Before making any regulation under subsection (1), the Governor-General is to take into consideration any relevant recommendation made to the Minister by a rice industry body.

—————

 SCHEDULE Section 3

LEVIABLE RICE VARIETIES

Oryza sativa L. cv Amaroo

Oryza sativa L. cv Bogan

Oryza sativa L. cv Echuca

Oryza sativa L. cv Bahia

Oryza sativa L. cv Calrose

Oryza sativa L. cv YRB 1

Oryza sativa L. cv Pelde

Oryza sativa L. cv Doongara

Oryza sativa L. cv Goolarah

Oryza sativa L. cv Blue Bonnet 50

Oryza sativa L. cv Star Bonnet

Oryza sativa L. cv Lemont

Oryza sativa L. cv Fin

_____________________________________________________________________________________

[Minister's second reading speech made in—

House of Representatives on 4 September 1991

Senate on 7 November 1991]

Overview

The Rice Levy Act 1991, enacted by the Parliament of Australia and assented to on 14 November 1991, addresses the need for a structured levy system on rice produced in Australia. This Act aims to establish a regulatory framework for imposing a levy on specified varieties of rice, ensuring that it binds the Crown in right of each of the States, the Australian Capital Territory, and the Northern Territory. The primary objective of this legislation is to provide a mechanism for collecting levies from rice producers, with the proceeds intended to support the rice industry. The Act specifies the rate of levy, which is determined by the Minister and must not exceed $2.00 per tonne, and mandates that such rates be recommended by the relevant State marketing authorities.

Scope and Application

The Rice Levy Act 1991 applies to the producers of leviable rice, which is defined as rice of a variety specified in the Schedule or prescribed by regulations under the Primary Industries Levies and Charges Collection Act 1991. This Act imposes a levy on rice produced in Australia and delivered to a processor after the commencement of the Act. The levy is payable by the producer of the rice and the rate is determined by the Minister, who must adhere to recommendations from the relevant State marketing authority for the State in which the rice is harvested. The Act extends its application nationally, binding the Crown in right of each of the States, the Australian Capital Territory, and the Northern Territory. The Governor-General may make regulations to provide further details on the implementation of the Act, taking into consideration any recommendations made by a rice industry body. The Act’s scope and application are further defined by the specified leviable rice varieties and the seasonal periods, ensuring a structured and regulated approach to levy imposition on the specified rice varieties produced within Australia.

Key Provisions

The Rice Levy Act 1991 (sections 1-8) sets out the framework for imposing a levy on specified varieties of rice produced in Australia. Section 1 gives the Act its short title, while section 2 specifies that the Act commences on the day it receives Royal Assent. Section 3 defines key terms used in the Act, such as "leviable rice", "rice industry body", "season", and "State marketing authority". The Act also binds the Crown (section 4) and imposes a levy on leviable rice produced in Australia and delivered to a processor (section 5). The rate of the levy is set by the Minister through an instrument published in the Gazette (section 6), with specific conditions for setting the rate. The levy is payable by the rice producer (section 7), and regulations can be made by the Governor-General for the purposes of section 3 (section 8). The Rice Levy Act 1991 imposes certain obligations on parties and entities it governs. According to section 3, leviable rice is defined as rice of a specified variety or prescribed by regulations. The Act requires the Minister to set the rate of levy based on recommendations from State marketing authorities for the variety of rice and season. The levy is payable by the producer of the rice (section 7). Regulations can be made by the Governor-General for the purposes of section 3 (section 8), taking into consideration recommendations from rice industry bodies. The Rice Levy Act 1991 provides for potential offences, penalties, or consequences for breaches of the Act. Although the Act does not explicitly state the penalties for breaches, it is likely that the Primary Industries Levies and Charges Collection Act 1991 would apply, as the Rice Levy Act 1991 refers to it for certain definitions. Under the Primary Industries Levies and Charges Collection Act 1991, failure to comply with a levy requirement may result in a civil penalty of up to $22,200 for individuals and $111,000 for corporations, as well as potential criminal penalties for more serious breaches.

Legal classification tags

Area of Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Imposition of levy
Regulatory Standards

Interactions

Authorises

All Versions

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.