Rice Levy Regulations (Amendment) 1997 No. 210
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 210
Issued by the Authority of the Minister for Primary Industries and Energy
Rice Levy Act 1991
Rice Levy Regulations (Amendment)
The Rice Levy Act 1991 (the Act) provides for the imposition of a levy on leviable rice varieties. The amount raised by the levy, along with matching Commonwealth funds, is used to finance research of benefit to the rice industry. The rice research scheme and associated administrative arrangements are authorised by the Primary Industries and Energy Research and Development Act 1989.
Section 3 of the Act provides for leviable rice varieties to be prescribed by regulations. This section also defines a "rice industry body" to include the Rice Marketing Board for the State of New South Wales.
Section 6 of the Act provides for a rate of levy for a variety of rice to be recommended by the State marketing authority for the state in which that variety is harvested.
The Regulations provide for additional rice varieties to be levied. A recommendation has been received from the Rice Marketing Board for the State of New South Wales seeking inclusion of additional rice varieties.
The purpose of the Regulations is therefore to provide for the 'Koshihikari', 'Namaga',
'YRL101', 'YRF203', and 'YRW4' varieties of rice to be levied. The other varieties listed in the recommendation are already prescribed by under the Act and are subject to levy.
Details of the Regulations are; set out below:
Regulation 1 provides that the Rice Levy Regulations are amended by the Rice Levy Regulations (Amendment).
Regulation 2 provides for the omission and substitution of Regulation 3 of the Rice Levy Regulations. The purpose of the substitution is to consolidate into one list all the leviable varieties of rice, for the purpose of section 3 of the Act, not already specified in the Schedule to the Act. This: list includes the additional varieties of rice to be levied.
The regulations commenced on gazettal.
Overview
The Rice Levy Regulations (Amendment) 1997 No. 210 were introduced to address the need for updating the list of rice varieties subject to the levy under the Rice Levy Act 1991. Enacted by the authority of the Minister for Primary Industries and Energy, the amendment aims to include additional rice varieties into the levy scheme, thereby ensuring that the revenue raised supports relevant research and development activities within the rice industry. The Rice Levy Act 1991, together with the Primary Industries and Energy Research and Development Act 1989, forms the legislative framework that facilitates the levy and the allocation of funds for rice industry research. The amendment responds to a recommendation from the Rice Marketing Board for the State of New South Wales, seeking to levy additional rice varieties, thus aligning the regulatory framework with current industry practices and research needs.
Scope and Application
The Rice Levy Regulations (Amendment) 1997 No. 210 amends the Rice Levy Regulations under the Rice Levy Act 1991 to include additional rice varieties subject to the levy. The Act applies to the rice industry, specifically targeting rice growers and rice industry bodies such as the Rice Marketing Board for the State of New South Wales. The levy raised from these varieties, combined with matching funds from the Commonwealth, is intended to finance research beneficial to the rice industry. The amendment extends the scope of the Act by adding specific rice varieties—'Koshihikari', 'Namaga', 'YRL101', 'YRF203', and 'YRW4'—to the list of leviable rice varieties, thereby increasing the revenue for research purposes. These Regulations apply nationally within Australia, specifically affecting the rice industry across the states where these varieties are cultivated and marketed. The amendment does not specify any exclusions or exemptions, and it is implemented through the statutory rules, which come into effect upon gazette publication.
Key Provisions
The Rice Levy Regulations (Amendment) 1997 No. 210 introduces changes to the existing Rice Levy Regulations under the Rice Levy Act 1991. The main operative sections of the amendment pertain to the prescription of additional rice varieties to be subject to the levy. Regulation 2 specifically replaces and consolidates the list of leviable rice varieties in Regulation 3 of the original Rice Levy Regulations. This consolidated list now includes the 'Koshihikari', 'Namaga', 'YRL101', 'YRF203', and 'YRW4' varieties of rice, which were recommended by the Rice Marketing Board for the State of New South Wales.
These regulations impose obligations on the parties involved, primarily the Rice Marketing Board for the State of New South Wales, to recommend new rice varieties for levy inclusion and for the Act to incorporate these recommendations into the regulatory framework. The Rice Marketing Board, as a rice industry body, plays a crucial role in advising on which varieties should be subjected to the levy to support research and development in the rice industry.
Breaching these regulations or failing to comply with the obligations could lead to legal consequences. However, the explanatory statement does not specify any particular offences, penalties, or civil/criminal consequences directly associated with these regulations. Instead, it implies that adherence to the prescribed process for recommending and incorporating new rice varieties is essential for maintaining the integrity of the rice levy scheme. Non-compliance might result in challenges regarding the validity of the levy imposed on certain rice varieties, potentially impacting the funding for industry research.
The Rice Levy Regulations (Amendment) 1997 No. 210 ensures that the rice levy scheme remains dynamic and responsive to the evolving landscape of rice cultivation by including new varieties recommended by the Rice Marketing Board. This amendment streamlines the regulatory process, making it easier to manage and update the list of leviable rice varieties in alignment with industry needs. The regulations, effective from the date of their gazettal, facilitate a transparent and structured approach to managing the rice levy, supporting continued research and development in the rice sector.