Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES (NATIONAL RESIDUE SURVEY LEVIES) AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 134

STATUTORY RULES 2000 No 134

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

Section 30 of the Primary Industries Levies and Charges Collection Act 1991, section 8 of the National Residue Survey (Customs) Levy Act 1998 and section 8 of the National Residue Survey (Excise) Levy Act 1998 provide that the Governor- General may make regulations prescribing matters required or permitted to be prescribed by the Acts, or necessary or convenient to be prescribed for carrying out or giving effect to the Acts.

These regulations are part of a package that, together with regulations under the Primary Industries Levies and Charges Collection Act 1991, the Primary Industries (Customs) Levies.Act 1999 and the Primary Industries (Excise) Levies Act 1999, continue the process of replacing old regulations that were previously supported by repealed Acts and update existing collection regulations to reflect the changes. These regulations are the Primary Industries Levies and Charges Collection Amendment Regulations 2000, the Primary Industries (Customs) Charges Regulations 2000 and the Primary Industries (Excise) Levies Amendment Regulations 2000.

There are no policy changes or new requirements for levy payers. This is part of an overall measure to reduce the amount of subordinate legislation administered by government.

The National Residue Survey implements chemical residue monitoring programs and recovers the costs of the programs from participating industries. These programs form the basis for documentation that enables the Australian Government to certify that raw food products bound for export and domestic consumption are free from significant chemical contamination.

Levies that support the cost recovery mechanism for the National Residue Survey programs are collected at the same time, and in the same manner, as research and development and marketing levies made under the Primary Industries Levies and Charges Collection Act 1991, the Primary Industries (Customs) Levies Act 1999 and the Primary Industries (Excise) Levies Act 1999.

Because these levies are collected at the same time, and in the same manner, as research and development and marketing levies changes being made in the other proposed regulations in the package need to be reflected in regulations made under the National Residue Survey (Customs) Levy Act 1998 and the National Residue Survey (Excise) Levy Act 1998.

The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2000 reflect these changes which include:

*       the substitution of the title of the lapsed regulations with the name of the new regulations where cross-references are required;

*       revised home kill exemption provisions;

*       the rounding of the sale price for sheep and lambs to the nearest multiple of 10, not the next highest.

Details are set out in the attachment.

The regulations commence on 1 July 2000.

ATTACHMENT

PRIMARY INDUSTRIES LEVIES AND CHARGES (NATIONAL RESIDUE        SURVEY LEVIES) AMENDMENT REGULATIONS 2000 (No. 1 )

Regulation 1 gives the name of the regulations as the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2000 (No. 1).

Regulation 2 provides that the Regulations would commence on 1 July 2000.

Regulation 3 states that Schedule 1 amends the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998.

Schedule 1        Amendments

Item 1 updates paragraph 3 of the Reader's Guide to highlight the relevance of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act).

Item 2 updates paragraphs 17 and 18 of the Reader's Guide to reflect that matters set out in regulations made in the Primary Industries Levies and Charges Collection Regulations 1991 (the Collection Regulations) are not repeated in these regulations.

Item 3 defines the 'Collection Regulations'.

Item 4 upgrades the definition of 'Department' to reflect its current name and the correct postal address for lodging returns.

Item 5 inserts new regulation 3A that provides for'Net GST'to have the same meaning as in the

A New Tax System (Goods and Services Tax) Act 1999.

Item 6 incorporates the Collection Regulations.

Item 7 allows for expressions used in the National Residue Survey Excise Levy Act and the Collection Regulations to be used in these regulations.

Items 8 to 15 omit references to the Cattle Levy Collection Regulations and inserts a reference to the Collection Regulations.

Items 16 and 17 allow for new transitional provisions for Buffalo, Cattle and Live-stock.

Items 18 to 24 allow for a definition of value for leviable coarse grains and omits reference to the Coarse Grains Levy Collection Regulations and inserts a reference to the Collection Regulations.

Items 25 to 31 allow for a definition of value for leviable grain legumes and omits reference to the Grain Legumes Levy Collection Regulations and inserts a reference to the Collection Regulations.

Items 32 to 37 omit references to the Macadamia Nut Levy Collection Regulations and inserts a reference to the Macadamia Nut Collection Regulations.

Items 3 8 to 46 omit references to the Buffalo Levy Collection Regulations and inserts a reference to the Collection Regulations.

Items 47 to 53 allow for a definition of value for leviable oilseeds and omits 'reference to the Oilseeds Levy Collection Regulations and inserts a reference to the Collection Regulations.

Items 54 to 69 allow for a definition of value per head for sheep and lambs, the rate of customs and excise levy rounded to the nearest 10 cent integer and omits references to the Live-stock Levy Collection regulations and inserts a reference to the Collection Regulations.

Items 70 to 76 allow for a definition of value for wheat and omits references to the Wheat Levy Collection Regulations and inserts a reference to the Collection Regulations.

Part 2        Additional Amendments

Item 77 omits the word 'office'and the name Department of Primary Industries and Energy'from the postal address of the Department and inserts the word 'postal'and the name 'Agriculture, Fisheries and Forestry - Australia'in those subregulations requiring the amendment.