Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES (NATIONAL RESIDUE SURVEY LEVIES) AMENDMENT REGULATIONS 2000 (NO. 2) 2000 NO. 240

STATUTORY RULES 2000 No. 240

Issued by Authority of the Parliamentary Secretary to the

Minister for Agriculture, Fisheries and Forestry

Primary Industries Levies and Charges Collection Act 1991

National Residue Survey (Customs) Levy Act 1998

National Residue Survey (Excise) Levy Act 1998

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2000 (No. 2)

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 other regulations (Primary Regulations) under the Primary Industries Levies and Charges Collection Act 1991, the Primary Industries (Customs) Charges 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(Excise) Levies Act 1999, continue the process of replacing old regulations that were previously supported by repealed Acts and updates existing collection regulations to reflect the changes.

The Primary Regulations are the Primary Industries Levies and Charges Collection Amendment Regulations 2000 (No. 2), the Primary Industries Levies, Charges and Collection (Horticultural Products) Repeal Regulations 2000, the Primary Industries (Customs) Charges Amendment Regulations 2000 (No. 1 and the Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 3).

The purpose of the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2000 (No. 2) is to reflect references to the appropriate sub-clauses in the Primary Regulations. There are no policy changes or new requirements for levy payers. The changes are of an administrative nature only and are a direct result of the proposed Primary Regulations. 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 contain two schedules. Schedule 1 is taken to have commenced on 1 January 2000 and contains amendments to provisions of the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 relating to dried vine fruits. These are necessary as a consequence of amendments to the Primary Industries Levies and Charges Collection Regulations 1991 (the Collection Regulations) relating to dried vine fruits. Schedule 1 also contains an amendment to correct a reference to Dried Fruit to Dried Fruits (plural). This retrospective effect is not in contravention of Section 48(2) of the Acts Interpretation Act 1901 as there will be no detrimental effect on any individual levy payer.

Schedule 2 commences on 1 October 2000 and contains amendments to provisions relating to other horticultural products that are necessary as a consequence of the amendments to the Collection Regulations relating to those products. Schedule 2 also contains an amendment to omit Schedules 1 and 2 to the National Residue Survey Regulations, as these Schedules are obsolete as a consequence of earlier amendments to the National Residue Survey Regulations relating to the levy on livestock transactions.

Details are set out in the attachment.

Regulations 1 to 3 and Schedule 1 of the regulations are taken to have commenced on 1 January 2000, while Schedule 2 would commence on 1 October 2000.

ATTACHMENT

PRIMARY INDUSTRIES LEVIES AND CHARGES (NATIONAL RESIDUE SURVEY LEVIES) AMENDMENT REGULATIONS 2000 (No. 2)

Regulation 1 gives the name of the regulations as the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2000 (No. 2).

Regulation 2 provides that regulations 1 to 3 and Schedule 1 of the regulations are taken to have commenced on 1 January 2000, while Schedule 2 would commence on 1 October 2000.

Regulation 3 states that Schedules 1 and 2 amend the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998.

Schedule 1 Amendments

Items 1 to 9 update expressions and incorporations in respect of dried fruits and are taken to have commenced on 1 January 2000.

Schedule 2 Amendments

Item 1 updates paragraph 18 of the Reader's Guide to highlight the collect provisions appear in regulations made under the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act).

Items 2 to 9 deletes reference to the Dried Fruits Levy Collection Regulations and inserts a reference to the Collection Regulations.

Items 10 to 15 updates expressions, incorporations and records to be kept in respect of honey and deletes reference to the Honey Levy Collection Regulations and inserts a reference to the Collection Regulations.

Items 16 to 21 updates expressions, incorporations and records to be kept in respect of potatoes and deletes reference to the Potato Levy Collection Regulations and inserts a reference to the Collection Regulations.

Items 22 to 27 updates expressions, incorporations and records to be kept in respect of apples and pears and deletes reference to the Apple and Pear Levy Collection Regulations and inserts a reference to the Collection Regulations.

Items 28 to 33 updates expressions, incorporations and records to be kept in respect of citrus and deletes reference to the Citrus Levy Collection Regulations and inserts a reference to the Collection Regulations.

Items 34 to 39 updates expressions, incorporations and records to be kept in respect of table grapes and deletes reference to the Grape Research Levy Collection Regulations and inserts a reference to the Collection Regulations.

Items 40 to 45 updates expressions, incorporations and records to be kept in respect of stone fruit and deletes reference to the Stone Fruit Levy Collection Regulations and inserts a reference to the Collection Regulations.

Items 46 to 61 deletes reference to the Macadamia Nut Collection Regulations and inserts a reference to the Collection Regulations.

Item 62 omits Schedules 1 and 2 from the Regulations as these Schedules are obsolete as a consequence of earlier amendments to the Regulations relating to the levy on livestock transactions.