Wheat Industry Fund Levy Repeal Regulations 1999

Overview

The Wheat Industry Fund Levy Repeal Regulations 1999 (No. 127) were enacted to repeal redundant regulations concerning the Wheat Industry Fund Levy, as stipulated in the Wheat Industry Fund Levy Act 1989. This Act originally authorised the imposition of a levy on the production and sale of wheat for commercial purposes, with the collected funds being allocated towards the wheat research and development program of the Grains Research and Development Corporation and the Wheat Industry Fund. However, with the introduction of the Primary Industries (Excise) Levies Act 1999 and the Primary Industries Levies and Charges Regulations, the Wheat Industry Fund Levy Regulations became obsolete. The repeal regulations were issued by the authority of the Minister for Agriculture, Fisheries and Forestry, under section 9 of the Wheat Industry Fund Levy Act 1989, to ensure good administrative practice by removing unnecessary regulations.

Scope and Application

The Wheat Industry Fund Levy Repeal Regulations 1999 apply to the repeal of regulations that have become redundant due to the introduction of the Primary Industries (Excise) Levies Act 1999 and the Primary Industries Levies and Charges Regulations. These regulations concern the imposition of levies on the production and sale of wheat for commercial purposes, which were previously governed under the Wheat Industry Fund Levy Act 1989. The Wheat Industry Fund Levy Act applied to entities involved in the wheat industry, including growers, processors, and traders, across the Commonwealth of Australia. The Act's purpose was to generate funds for the wheat research and development program of the Grains Research and Development Corporation and the Wheat Industry Fund. With the commencement of the Excise Act on 1 July 1999, the Wheat Industry Fund Levy Regulations, including wheat provisions, have become obsolete, and it is in good administrative practice to repeal these unnecessary regulations. The Repeal Regulations themselves do not introduce any exclusions or thresholds, but rather address the redundancy of the previously established regulatory framework.

Key Provisions

The Wheat Industry Fund Levy Repeal Regulations 1999 (No. 127) primarily focus on repealing certain regulations that are no longer necessary following the introduction of the Primary Industries (Excise) Levies Act 1999 (the Excise Act) and the Primary Industries Levies and Charges Regulations. These regulations were initially established under the Wheat Industry Fund Levy Act 1989 to manage the levy on wheat production and sales for commercial purposes. The funds collected from this levy were designated for wheat research and development programs run by the Grains Research and Development Corporation and the Wheat Industry Fund. With the new legislative framework introduced by the Excise Act, which took effect from 1 July 1999, the Wheat Industry Fund Levy Regulations became redundant. Under the Wheat Industry Fund Levy Act 1989, section 9 (section 9) empowers the Governor-General to create regulations that specify matters required or permitted by the Act, or that are necessary for the Act's implementation. The Wheat Industry Fund Levy Repeal Regulations 1999 (No. 127) exercise this power by formally repealing the previously established wheat provisions, ensuring that the regulatory framework is updated to reflect the current legislative context. The Wheat Industry Fund Levy Repeal Regulations 1999 impose specific obligations on the parties involved in the wheat industry. These regulations require the repeal of the existing Wheat Industry Fund Levy Regulations, thereby eliminating the need for compliance with the old provisions. This repeal is intended to streamline the regulatory environment and prevent confusion or non-compliance by industry participants. By removing outdated regulations, the Wheat Industry Fund Levy Repeal Regulations 1999 ensure that the wheat industry operates under a clear and updated legal framework. While the Wheat Industry Fund Levy Repeal Regulations 1999 themselves do not introduce new offences or penalties, the failure to comply with the repealed regulations could potentially lead to legal issues under the new regime established by the Excise Act. Industry participants must ensure they adhere to the new provisions outlined in the Excise Act and the Primary Industries Levies and Charges Regulations to avoid any legal consequences. The Wheat Industry Fund Levy Repeal Regulations 1999 thus facilitate a smoother transition to the new regulatory environment by eliminating the need to comply with outdated provisions.