Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2001 (NO. 9) 2001 NO. 258

EXPLANATORY STATEMENT

STATUTORY RULES 2001 No. 258

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

Primary Industries (Excise) Levies Act 1999

National Residue Survey (Excise) Levy Act 1998

Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 9)

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 4)

Section 8 of the Primary Industries (Excise) Levies Act 1999 [the Excise Act] and Section 8 of the National Residue Survey (Excise) Levy Act 1998 [the NRS Act], each provide that the Governor-General may make regulations prescribing matters required or permitted by that Acts to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to those Acts.

In 1999 the United States imposed restrictions on the import of Australian lamb. In response the Australian Government provided support to Australian lamb producers through a Lamb Assistance Package, Part of the package included a levy support component where the Government would pay half the transaction levy on all lamb sales in Australia for two years. The levy support scheme ceased on 1 August 2001.

The purpose of the regulations is to provide for a continuation of the halved operative levy rate of the lamb transaction levy beyond 31 August 2001. The request to continue the halved operative levy rate until the US restriction was lifted was made by the Sheepmeat Council of Australia. the peak industry body representing sheepmeat producers. The Government has agreed to continue the levy support until the restriction is lifted on 15 November 2001.

Sub section 48(2) of the Acts Interpretations Act 1901 provides that regulations may not be expressed to commence retrospectively where the rights of a person are affected so as to disadvantage that person or which impose a liability on a person other than the Commonwealth. Accordingly, the regulations provide for the application to be retrospective. to commence on 31 August 2001 and remain in force until the new sunset date of 15 November 2001. This way the halved operative levy rate period will continue in a seamless manner and there will be no break in support for Australian lamb producers. A liability will be imposed only on the Commonwealth.

Other than a new sunset date, there were no policy changes or new requirements for levy payers.

Both regulation amendments comprise 3 regulations and a Schedule as follows:

•       Regulation 1 provides for the names of the two regulations.

•       Regulation 2 provides for the two regulations to commence retrospectively on 31 August 2001.

•       Regulation 3 provides for the two regulations to amend Primary Industries (Excise) Levies Regulations 1999 and Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 as set out in their respective Schedules 1.

•       Schedule 1 provides for both regulations to continue the halved levy rate on lamb sales for the period 31 August 2001 until midnight on 15 November 2001.


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