Sugar Cane Levy Amendment Act 1992

Overview

The Sugar Cane Levy Amendment Act 1992 was enacted by the Parliament of Australia to address the need for increased funding to support the sugar industry, particularly for research and development, marketing, and promotional activities. This Act specifically targets the increase of the levy rate for sugar cane from $0.10 to $0.15 per tonne, as outlined in section 7 of the Sugar Cane Levy Act 1987. The legislative amendment aims to provide additional resources necessary for the ongoing sustainability and growth of the sugar industry, aligning with the overarching policy objective of supporting agricultural sectors vital to the economy and rural communities. The Act received Royal Assent on 27 August 1992 and commenced on the same day.

Scope and Application

The Sugar Cane Levy Amendment Act 1992 is a legislative instrument designed to amend the Sugar Cane Levy Act 1987 by increasing the maximum rate of levy on sugar cane from $0.10 per tonne to $0.15 per tonne. This Act applies to any entity or person involved in the production, processing, or sale of sugar cane within the jurisdiction of Australia, as it specifically targets the rate of levy imposed on sugar cane under the Principal Act. This legislative change is applicable across Australia, thus impacting the sugar cane industry nationally. The Act does not explicitly outline exclusions or exemptions, meaning it broadly applies to all entities involved in the sugar cane trade within the Commonwealth unless otherwise specified by subordinate legislation. The amendment is direct, as it only modifies the levy rate, and does not extend its application through further subordinate instruments beyond what is explicitly stated in this Act.

Key Provisions

The Sugar Cane Levy Amendment Act 1992 primarily serves to modify the existing Sugar Cane Levy Act 1987 by altering the maximum rate of levy applicable to sugar cane. Under section 3 of the Act, the maximum rate of the levy is increased from $0.10 per tonne to $0.15 per tonne. This amendment aims to adjust the financial obligations of parties involved in the sugar cane industry, ensuring that the levy remains aligned with current economic conditions and the industry's needs. The Act imposes specific obligations on entities involved in the production and processing of sugar cane. These entities are required to comply with the updated levy rate, ensuring that they account for this increase in their financial calculations and reporting. This change affects producers, processors, and other stakeholders in the sugar cane supply chain, mandating that they adjust their practices to reflect the new levy rate. The Act also specifies that the Principal Act, the Sugar Cane Levy Act 1987, continues to govern the overall administration and enforcement of the levy, including the collection and distribution of the funds raised. In terms of enforcement and compliance, the Sugar Cane Levy Amendment Act 1992 does not explicitly detail specific offences, penalties, or consequences for non-compliance. However, as it amends the Principal Act, any breaches of the updated levy provisions could potentially lead to legal actions under the existing framework of the Sugar Cane Levy Act 1987. This might include civil penalties for non-compliance, enforcement actions, and potential legal disputes between the levy administrators and the entities involved. The exact penalties would be determined by the provisions of the Principal Act, which could include fines or other civil remedies for failure to comply with the amended levy rate.