Wine Grapes Levy Regulations 1986

Overview

The Wine Grapes Levy Regulations 1986 (C2004L00030) are statutory rules made under the Wine Grapes Levy Act 1979. These regulations aim to provide the framework for the imposition of a levy on certain goods used in the grape industry. The levy is intended to fund research and development activities within the industry. The regulations were enacted by the Parliament of Australia and are administered by the relevant authorities to ensure compliance with the provisions of the Wine Grapes Levy Act 1979. The overarching policy objective of these regulations is to support the growth and sustainability of the grape industry through targeted funding for research and development, thereby enhancing productivity and innovation within the sector.

Scope and Application

The Wine Grapes Levy Regulations 1986, which were made under the Wine Grapes Levy Act 1979, govern the imposition of a levy on prescribed goods, which include fresh grapes, dried grapes, and grape juice produced in Australia. These regulations apply to wineries and entities involved in the grape industry, particularly those that use prescribed goods in their operations. The geographic reach of these regulations is national, as they apply across Australia. The levy rates are graduated based on the quantity of prescribed goods used, with different rates applying to various quantity brackets. The regulations also incorporate a formula for determining the gross value of production of prescribed goods, which is used to calculate the levy. Additionally, there are provisions for a research amount and exemptions or amendments that have been made over time through subordinate instruments, such as Statutory Rules 1986 No. 164 and subsequent amendments.

Key Provisions

The Wine Grapes Levy Regulations 1986, made under the Wine Grapes Levy Act 1979, establish the rates and methods for the levy on prescribed goods, which include fresh grapes, dried grapes, and grape juice produced in Australia. According to regulation 3, the levy on these goods varies depending on the quantity used in a year, with a tiered structure based on the volume. For example, for the first 10 tonnes used, the levy is $200; for tonnes between 11 and 3000, it is $180 plus $4.20 for each additional tonne; and so forth, with decreasing rates as the quantity increases. Regulation 3A sets the research amount at $3, while regulation 3B outlines the formula for determining the gross value of production of these goods, taking into account figures from the Australian Bureau of Agricultural and Resource Economics. These regulations impose specific obligations on entities involved in the production and processing of wine grapes. For instance, wineries must accurately report the quantity of prescribed goods used in their operations annually. The Minister, in turn, is required to determine the gross value of production based on the prescribed formula, ensuring that the figures reflect the economic activity within the grape industry. Producers must also ensure compliance with the levy requirements, including timely payment of the calculated levy. The Act does not explicitly outline offences, penalties, or consequences for breaches within the regulations themselves. However, non-compliance with the Wine Grapes Levy Act 1979, under which these regulations are made, could potentially lead to legal actions and penalties as prescribed by the overarching legislation. This might include fines or other civil and criminal consequences depending on the severity and intent of the breach.