Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2000 (NO. 4) 2000 NO. 265

STATUTORY RULES 2000 No. 265

Issued by 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 2000 (No. 4)

Primary Industries Levies and Charges Collection Amendment Regulations 2000 (No. 3)

Section 8 of the Primary Industries (Exercise) Levies Act 1999 (Levies Act) and section 30 of the Primary Industries Levies and Charges Collection Act 1991 (Collection Act) provide that the GovernorGeneral may make regulations prescribing matters required or permitted by those Acts to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to these Acts.

The purpose of these regulations is to correct technical drafting errors in the Primary Industries (Excise) Levies Amendment Regulations 2000 (No.3) Statutory Rules 2000 No. 237 and Primary Industries Levies and Charges Collection Amendment Regulations 2000 (No.2) Statutory Rules 2000 No. 238. The Office of Legislative Drafting has advised that Schedule 1 to Statutory Rules 2000 No. 237 and Statutory Rules 2000 No. 238 contained misdescribed amendments that could not be incorporated into the principal regulations. This problem also affected Schedule 2 of both sets of regulations, because the amendments in Schedule 2 relied on the amendments made by Schedule 1 being effective.

Schedule 1 of the amendment regulations purported to insert Part 9 before Part 12 of schedule 15 (Statutory Rules 2000 No. 237) and Part 9 before Part 12 of schedule 22 (Statutory Rules 2000 No. 238) in the principal regulations as at 1 January 2000. However,. schedule 15 and 22 only came into existence from 1 July 2000. Thus the amendments in Schedule 1 to each of the amendment regulations could not be incorporated into the principal regulations because they purported to amend provisions that did not exist at the time that Schedule 1 commenced.

The technical changes are detailed in the Attachment.

Regulations 1 to 3 and Schedule 1 commenced on gazettal. Regulation 4 and Schedule 2 commenced on 2 October 2000.

ATTACHMENT

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION AMENDMENT REGULATIONS 2000 (No. 3)

Regulation 1 gives the name of the regulations as the Primary Industries Levies and Charges Collection Amendment Regulations 2000 (No.3).

Regulation 2 sets the date of commencement as:

Regulations 1 to 3 and Schedule 1 - on gazettal

Regulation 4 and Schedule 2 - 2 October 2000.

Regulation 3 states that Schedule 1 amends the Primary Industries Levies and Charges Collection Amendment Regulations 2000 (No. 2).

Regulation 4 states that Schedule 2 amends the Primary Industries Levies and Charges Collection Regulations 1991.

SCHEDULE 1

AMENDMENT OF PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION AMENDMENT REGULATIONS 2000 (NO. 2)

Part 1 Amendments.

Item 1 substitutes the words "after Part 1" for "before Part 9".

Item 2 substitutes the words "before Part 12" for "after Part 9".

Item 3 removes the note at the end of Part 12.

PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2000 (NO. 4)

Regulation 1 gives the name of the regulations as the Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 4).

Regulation 2 sets the date of commencement as:

Regulations 1 to 3 and Schedule 1 - on gazettal

Regulation 4 and Schedule 2 - 2 October 2000.

Regulation 3 states that Schedule 1 amends the Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 3).

Regulation 4 states that Schedule 2 amends the Primary Industries (Excise) Levies Regulations 1999.

SCHEDULE 1

AMENDMENT OF PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2000 (NO. 3)

Item 1 substitutes the words "after Part 1" for "before Part 9".

SCHEDULE 2

AMENDMENT OF PRIMARY INDUSTRIES (EXCISE) LEVIES REGULATIONS 1999

Item 1 substitutes Parts 8 to 10 in Schedule 15.