Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (OILSEEDS) REGULATIONS(AMENDMENT) 1992 NO. 379

STATUTORY RULES 1992 No. 379

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

Primary Industries Levies and Charges Collection Act 1991

Oilseeds Levy Act 1977

Primary Industries Levies and Charges Collection (Oilseeds) Regulations (Amendment)

The Primary Industries Levies and Charges Collection Act 1991 (the Act) provides for the collection of primary industries levies and charges. The Oilseeds Levy Act 1977 (the Levy Act) provides for the imposition of a levy on leviable oilseeds. 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 Oilseeds 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 oilseeds 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 oilseeds is to be determined.

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

ATTACHMENT

PRIMARY INDUSTRIES AND ENERGY LEVIES AND CHARGES COLLECTION (OILSEEDS) REGULATIONS (AMENDMENT)

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

Regulation 2 provides for an interpretation of 'pool'.

Regulation 3 provides a means for determining the definition of 'value' for the purposes of subsection 4(1) of the Act.

Regulation 4 corrects a typographical error in regulation 5 of the existing regulations.

Regulation 5 prescribes certain operations for the purposes of the definition of 'process' in subsection 4(1) of the Act and amends regulations 6 and 7 of the existing regulations so that references to 'weight' are omitted and 'leviable amount' is substituted.

Regulation 6

6(1) provides for information about the value of the leviable oilseeds to be included in a quarterly return (regulation 8 of the existing regulations);

6(2) provides for information about the total amount of levy payable in a quarter to be included in a quarterly return;

6(3) omits 'on those quantities' from existing regulation 8(2)(g).

Regulation 7 provides for information about the value and the person from whom the leviable oilseeds were purchased or received to be included in the records to be kept (regulation 9 of the existing regulations) and for a typographical error to be corrected.

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.