Wine Grapes Levy Amendment Regulations 1999 (No. 1) 1999 No. 4
EXPLANATORY STATEMENT
STATUTORY RULES 1999 NO. 4
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Wine Grapes Levy Act 1979
Wine Grapes Levy Amendment Regulations 1999 (No. 1)
The Wine Grapes Levy Act 1979 (the Levy Act) and the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provide, inter alia, for the imposition and collection of levies to fund research by the Grape and Wine Research and Development Corporation (GWRDC).
The GWRDC coordinates research and development for the grape and wine industry. The GWRDC is funded by statutory levies and Commonwealth Government matching funding.
Subsection 9(1) of the Levy Act provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 6(2) of the Levy Act provides that the regulations may fix rates of levy destined for the GWRDC.
Subsection 9(6) of the Levy Act provides that the Governor-General, before making any regulations for the purposes of Subsection 6(2), shall consider any relevant recommendations made by the Winemakers' Federation of Australia and the Winegrape Growers' Council of Australia, the declared winemakers' organisations, to the Minister in relation to the levy rate.
The purpose of the Regulations is to increase the amount of levy directed to the GWRDC by $1.10 per tonne to $3.00 per tonne on wine grapes from the date of gazettal, expected to be 5 February 1999. This increase is expected to raise an extra $1.265m in 1999/2000.
The increases are consistent with the recommendation of the declared winemakers organisations.
The Regulations commence on date of gazettal.
Overview
The Wine Grapes Levy Amendment Regulations 1999 (No. 1) were enacted in 1999 by the Governor-General under the authority of the Minister for Agriculture, Fisheries and Forestry. These regulations amend the Wine Grapes Levy Act 1979 to adjust the rates of the statutory levy imposed on wine grapes, with the aim of increasing funding for research and development activities coordinated by the Grape and Wine Research and Development Corporation (GWRDC). This adjustment seeks to address a financial gap in the funding mechanism for the GWRDC, which is essential for advancing research and development initiatives in the grape and wine industry. The amendment was made in accordance with recommendations from the Winemakers' Federation of Australia and the Winegrape Growers' Council of Australia, which are recognised as the declared winemakers' organisations. The increased levy, rising from $1.90 to $3.00 per tonne, is expected to generate an additional $1.265 million for the 1999/2000 fiscal year, directly supporting the GWRDC's objectives.
Scope and Application
The Wine Grapes Levy Amendment Regulations 1999 (No. 1) apply to all persons or entities involved in the production and processing of wine grapes in Australia, with the primary focus being on the imposition and collection of levies under the Wine Grapes Levy Act 1979. These regulations are designed to increase funding for the Grape and Wine Research and Development Corporation (GWRDC), which coordinates research and development activities within the grape and wine industry. The regulations pertain to the entire national scope of Australia, ensuring a consistent application across all states and territories. The amendments specify a higher levy rate of $3.00 per tonne on wine grapes, up from $1.10, effective from the date of gazettal, anticipated to be 5 February 1999. This increase is intended to generate an additional $1.265 million for the 1999/2000 financial year. The regulations were formulated with input from the Winemakers' Federation of Australia and the Winegrape Growers' Council of Australia, as mandated by the Levy Act. The increased levies are intended to support the ongoing research and development efforts of the GWRDC, ensuring the industry remains competitive and innovative.
Key Provisions
The Wine Grapes Levy Amendment Regulations 1999 (No. 1) primarily serve to adjust the rates of levy applied to wine grapes under the Wine Grapes Levy Act 1979. Specifically, Section 1 of these Regulations increases the levy from $1.90 per tonne to $3.00 per tonne (subsection 6(2)). This adjustment aims to enhance the funding available to the Grape and Wine Research and Development Corporation (GWRDC) for research and development activities within the grape and wine industry. The increased levy is expected to generate an additional $1.265 million in the 1999/2000 financial year.
These Regulations impose clear obligations on grape growers and winemakers to pay the revised levy rates as stipulated in the amended provisions. Under the Primary Industries Levies and Charges Collection Act 1991, it is mandatory for these entities to comply with the new levy rates, which are now set at $3.00 per tonne. The revised rates are to be adhered to from the date of the Regulations' commencement, which is expected to be 5 February 1999. This requirement is intended to ensure the GWRDC receives the necessary funding to support its research initiatives.
In terms of compliance and enforcement, any failure to adhere to the new levy rates could result in legal consequences. While the specific penalties for non-compliance are not detailed within the explanatory statement, it can be inferred that breaches of statutory levies under Australian law typically result in fines or other penalties as prescribed by the relevant legislation. The severity of these penalties would depend on the nature and extent of the non-compliance, with potential repercussions including financial penalties or legal action to recover the unpaid levies.