Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (GRAIN LEGUMES) REGULATIONS(AMENDMENT) 1992 NO. 378

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 378

Issued by the Authority of the Minister for Primary Industries and Energy

Primary Industries Levies and Charges Collection Act 1991

Grain Legumes Levy Act 1985

The Primary Industries Levies and Charges Collection (Grain Legumes) Regulations (Amendment)

The Primary Industries Levies and Charges Collection Act 1991 (the Act) provides for the collection of primary industries levies and charges. The Grain Legumes Levy Act 1985 (the Levy Act) provides for the imposition of a levy on leviable grain legumes. The amount raised by the levy, along with matching Commonwealth funds to the level of 0.5% of the gross value of production, is used to finance a program of research of benefit to the grain legume industry.

Until 1 October 1992, the Levy Act allowed for levies to be collected on the basis of a specific rate per tonne. The Grain Legumes Levy Amendment Act 1992 (the Amendment Act) changed the levy collection basis from a specific rate per tonne to an ad valorem basis. The Amendment Act prescribed an initial rate of 1 per cent of the value of leviable grain legumes which may be changed, by regulation, up to a maximum rate of 3 per cent. In order to allow the industry sufficient time to implement the new arrangements, a transitional period is proposed covering the first quarterly collection period ending 31 December 1992.

The proposed regulations prescribe changes necessary to existing regulations to give effect to the Amendment Act, including the manner in which value of grain legumes is to be determined.

Details of the proposed amendments are set out in the attachment.

ATTACHMENT PRIMARY INDUSTRIES AND ENERGY LEVIES AND CHARGES COLLECTION (GRAIN LEGUMES) REGULATIONS (AMENDMENT)

Regulation 1 provides for the existing Primary Industries Levies and Charges Collection (Grain Legumes) Regulations to be amended.

Regulation 2 provides an interpretation of 'pool'.

Regulation 3

3A provides for leviable grain legumes to be a product to which paragraph (a) of the definition of 'processor' in subsection 4(1) of the Act applies;

3B provides a means for determining the definition of 'value' in subsection 4(1) of the Levy Act.

Regulation 4 prescribes certain operations for the purposes of the definition of 'process' in subsection 4(1) of the Act.

Regulation 5 provides for references to 'weight' or 'leviable weight' in regulation 7 of the existing regulations to be omitted and 'leviable amount' or 'levy payable' to be substituted as appropriate.

Regulation 6

6(1) provides for information about the value of the leviable grain legumes to be included in a quarterly return;

6(2) & (3) omits references to 'weight' wherever occurring in regulation 8 of the existing regulations and substitutes 'levy payable' and 'leviable amount' as appropriate;

6(4) omits 'on those quantities' from existing paragraph 8(2)(h).

Regulation 7

7(1) provides for the value of the leviable grain legumes to be included in the records to be kept (regulation 9 of the existing regulations);

7(2) provides for information regarding the person from whom the leviable grain legumes were received or purchased to be included in the records to be kept; and

7(3) corrects a typographical error.

Regulation 8 provides a definition of 'value', for the purposes of subsection 4(1) of the Levy Act, to apply for the quarter ending on 31 December 1992.


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