Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION AMENDMENT REGULATIONS 2003 (NO. 9) 2003 NO. 226

EXPLANATORY STATEMENT

STATUTORY RULES 2003 No. 226

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

Primary Industries (Excise) Levies Act 1999

Primary Industries Levies and Charges Collection Act 1991

Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 13)

Primary Industries Levies and Charges Collection Amendment Regulations 2003 (No. 9)

Section 8 of the Primary Industries (Excise) Levies Act 1999 (the Excise Act), and Section 30 of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) each provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

The regulations implement a compulsory levy on grapes (paid by wine grape growers) and wine grapes (paid by winemakers) to fund the wine industry's share of the costs of the activities of Plant Health Australia Limited (PHA). The Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 13) (the Excise regulations) set the initial rate of levy. To give effect to the industry's wish not to increase the overall levy burden on producers, the proposed PHA levies are being established by making a corresponding reduction in the present operative rate of the related wine industry research and development levies. The Primary Industries Levies and Charges Collection Amendment Regulations 2003 (No. 9) (the Collection regulations) will provide for the collection of the levies by incorporating references to the PHA levies within existing arrangements. Although these proposed PHA levies are to be established as new levies the basic collection arrangements will be identical to those for the existing research and development levies. Similar arrangements are in place for other plant industry members of PHA, which pay PHA levies.

The establishment of PHA was jointly supported by the Commonwealth government; State and Territory governments and industry. The money raised will be used to meet plant industries' contributions towards a joint Commonwealth government, State and Territory governments and industry agreement to fund the development and implementation of national plant health policies and programs. The regulations are being implemented at the request of the wine industry.

The Plant Health Australia (Plant Industries) Funding Act 2002 provides for the disbursement to PHA of moneys that have been collected from producers by way of industry PHA levies.

The Office of Regulation Review has been consulted and has advised that a Regulation Impact Statement is not necessary for the legislation (RIS ID number 2567).

Details of the Excise regulations and the Collection regulations are contained in Attachments 1 and 2 respectively.

The regulations commence on 1 October 2003.

ATTACHMENT 1

PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2003 (No. 13).

Regulation 1 provides for the name of the regulations to be the Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 13).

Regulation 2 provides for the regulations to commence on 1 October 2003.

Regulation 3 provides that Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999.

SCHEDULE 1       AMENDMENTS

Item [1] substitutes a new clause 1 of Schedule 13. Its purpose is to specify the reduced operative rates for the R&D levy on grapes. This Item also imposes a PHA levy on grapes and specifies the operative rate and the authority under which the levy is imposed and who pays the levy.

Item [2] specifies the reduced operative rate of R&D levy for wine grapes.

Item [3] inserts a new clause 5 of Schedule 26. Its purpose is to impose a PHA levy on wine grapes, and to specify the authority under which the levy is imposed. This Item also specifies the operative rate and who pays.

ATTACHMENT 2

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION AMENDMENT REGULATIONS 2003 (No. 9).

Regulation 1 provides for the name of the regulations to be the Primary Industries Levies and Charges Collection Amendment Regulations 2003 (No. 9).

Regulation 2 provides for the regulations to commence on 1 October 2003.

Regulation 3 provides that Schedule 1 amends the Primary Industries Levies and Charges Collection Regulations 1991.

SCHEDULE 1       AMENDMENTS

Item [1] amends the definition of "levy" in Schedule 36 to include reference to the fact that PHA levy is also imposed on wine grapes.

Item [2] amends the definition of "levy" in Schedule 20 to include reference to the fact that PHA levy is also imposed on grapes.


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