Rice Levy Regulations (Amendment) 1998 No. 142
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 142
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 Rinds, 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.
A recommendation has been received from the Rice Marketing Board for the State of New South Wales seeking changes to the Schedule of leviable rice varieties. The Rice Marketing Board recommended that 12 varieties of rice be levied, most of which, with the exception of the 'YK4' variety of rice, are already prescribed in the Rice Levy Regulations (the Principal regulations). The Rice Marketing Board also advised that 4 varieties of leviable rice have been discontinued, one of which, the 'YRL 101' variety of rice, is prescribed in the Principal regulations. The other 3 of the discontinued varieties of rice were prescribed in the original Act. The Office of Legislative Drafting has advised that these 3 varieties of rice can only be removed from the Schedule by amendments to the Act.
The purpose of the Regulations is therefore to amend the Principal Regulations to provide for the'YK4' variety of rice to be levied, and for the 'YRL 101' variety of rice to be omitted from the Schedule of leviable rice.
Details of the Regulations are as follows.
Regulation 1 provides that the Rice Levy Regulations will commence on gazettal.
Regulation 2 provides that the Rice Levy Regulations are amended by the Rice Levy Regulations (Amendment).
Regulation 3 provides for the insertion of the 'YK4' variety of rice and the omission of the 'YRL 101' variety of rice.
The regulations commenced on gazettal.
Overview
The Rice Levy Regulations (Amendment) 1998 No. 142 were enacted to address changes recommended by the Rice Marketing Board for the State of New South Wales concerning the Schedule of leviable rice varieties under the Rice Levy Act 1991. The Rice Levy Act 1991 was introduced to impose a levy on specified rice varieties, with the funds raised, along with matching Commonwealth funds, being directed towards research beneficial to the rice industry. The Rice Marketing Board recommended that the 'YK4' variety of rice should be levied and that the 'YRL 101' variety should be omitted from the Schedule of leviable rice. The Rice Levy Regulations (Amendment) 1998 No. 142 were issued by the authority of the Minister for Primary Industries and Energy, aiming to amend the existing Rice Levy Regulations to incorporate these recommendations, ensuring the rice research scheme remains relevant and efficient.
Scope and Application
The Rice Levy Regulations (Amendment) 1998 No. 142, made under the Rice Levy Act 1991, applies to the imposition of a levy on specified rice varieties within Australia. The Act targets leviable rice varieties as prescribed by regulations, with a particular focus on rice industry bodies such as the Rice Marketing Board for the State of New South Wales. The amendment pertains to the schedule of rice varieties that are subject to the levy, updating it to include the 'YK4' variety and removing the 'YRL 101' variety from the list of leviable rice. The geographic reach of the Act is national, as it concerns rice varieties grown across the country, and the funds raised are used to finance research beneficial to the entire rice industry. The amendment aims to align the regulations with the current practices and recommendations from the Rice Marketing Board for the State of New South Wales, ensuring the levy scheme remains effective and relevant. The Act does not explicitly state any exclusions or exemptions, but the applicability of the levy is confined to the prescribed rice varieties and industry bodies.
Key Provisions
The Rice Levy Regulations (Amendment) 1998 No. 142 makes amendments to the Rice Levy Regulations to update the Schedule of leviable rice varieties. Regulation 3 specifically inserts the 'YK4' variety of rice into the Schedule (s. 3(1)), meaning that this variety will now be subject to the levy under the Rice Levy Act 1991. Conversely, it removes the 'YRL 101' variety of rice from the Schedule (s. 3(2)), indicating that this variety will no longer be subject to the levy. These changes are in response to recommendations from the Rice Marketing Board for the State of New South Wales, which have been considered and approved by the Office of Legislative Drafting.
The Rice Levy Regulations (Amendment) impose specific obligations on the rice industry and rice growers. Rice industry bodies, including the Rice Marketing Board, must now account for the 'YK4' variety of rice when calculating and collecting the levy (s. 3(1)). Similarly, rice growers must include this variety in their returns and declarations related to the levy (s. 3(1)). Conversely, these bodies and growers are relieved of any obligation concerning the 'YRL 101' variety of rice, which has been removed from the Schedule (s. 3(2)).
The Rice Levy Regulations (Amendment) do not explicitly outline offences or penalties for breaches of the amended regulations. However, breaches of the Rice Levy Act 1991 or its regulations can result in civil or criminal penalties. Under section 21 of the Rice Levy Act, failure to comply with a notice or requirement, including those concerning the levy, may result in fines up to 10 penalty units for individuals and 50 penalty units for bodies corporate. For more serious breaches, section 22 of the Act allows for prosecution, which can result in penalties of up to 100 penalty units for individuals and 500 penalty units for bodies corporate. These penalties are subject to periodic adjustments in line with the current penalty unit value, which is currently $222 as of 1 July 2023.