Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 158 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 158

Issued by Authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry

Primary Industries (Customs) Charges Act 1999

Primary Industries (Customs) Charges Amendment Regulations 2011 (No. 1)

Section 8 of the Primary Industries (Customs) Charges Act 1999 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Schedule 14 to the Act provides that the regulations may impose charges on one or more specified primary industry products in the circumstances and at the rates payable by the person (ascertained in accordance with the regulations). Primary industry products include animal products.

Subclause 3(1a) of Schedule 5 (Deer) and subclause 3(1a) of Schedule 6 (Deer velvet) to the Act provide for the imposition of a charge on live deer and the declared value of deer velvet.

Clause 1 of Schedule 5 and clause 1 of Schedule 6 to the Primary Industries (Customs) Charges Regulations 2000 (the Principal Regulations) prescribe the rate of charge on live deer and deer velvet. Charges are imposed on live deer and deer velvet produced in Australia and then exported from Australia.

The Primary Industries (Customs) Charges Amendment Regulations 2011 (the Amendment Regulations) permanently lower the charge on live deer to $5.00 per head and deer velvet to one per cent of the declared value. This is to provide relief to deer producers suffering from an industry downturn. 

In 2007, the deer levy rates were decreased for a three year period to 2010 in recognition of industry difficulties. These rates reverted back to the original rates from 1 July 2010. In October 2010, the Deer Industry Association of Australia, on behalf of the deer industry, made a submission to the Minister for Agriculture, Fisheries and Forestry for a reduction to deer levies and charges. In May 2011 the association provided a second submission including the outcome of the industry-wide consultation on changes to the deer levies and charges. The Minister considered that industry consultation is adequate for a permanent reduction to deer levies and charges. In July 2011 the Minister approved a permanent reduction to the deer levies and charges. The Office of Best Practice Regulation considered that these amendments will have minor impacts and therefore no further analysis (in the form of a Regulation Impact Statement) is required (ID 12685).

Clause 5 of Schedule 5 and clause 5 of Schedule 6 to the Act provide that, before the Governor-General makes regulations for the purpose of prescribing a levy or charge, the Minister for Agriculture, Fisheries and Forestry must take into consideration any relevant recommendation made to the Minister by the industry services body. The Minister has taken into account recommendations of the submission from the Deer Industry Association of Australia, on behalf of the deer industry. 

The Amendment Regulations commence on 1 October 2011.

Details of the Amendment Regulations are set out in the Attachment.

The Amendment Regulations are legislative instruments for the purposes of the Legislative Instruments Act 2003.

1110587B-110808Z

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Attachment

DETAILS OF PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATIONS 2011 (NO. 1)

Regulation 1 - Name of Regulations

Name of the Regulations is the Primary Industries (Customs) Charges Amendment Regulations 2011 (No. 1).

Regulation 2 - Commencement

These Regulations commence on 1 October 2011.

Regulation 3 - Amendment of Primary Industries (Customs) Charges Regulations 2000

Schedule 1 amends the Primary Industries (Customs) Charges Regulations 2000.

Schedule 1 Amendment

Item [1] Schedule 5, clause 1

Replace clause 1 of Schedule 5 to the Principal Regulations with a new clause to lower the charge on live deer from $7.75 to $5.00 per head. 

Item [2] Schedule 6, clause 1

Replace clause 1 of Schedule 6 to the Principal Regulations with a new clause to lower the charge on deer velvet from 3.5% to 1% of the declared value of deer velvet. 

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