Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2011 (NO. 3) (SLI NO 159 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 159

Issued by Authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry

Primary Industries (Excise) Levies Act 1999

Primary Industries (Excise) Levies Amendment Regulations 2011 (No. 3)

Section 8 of the Primary Industries (Excise) Levies Act 1999 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Schedule 27 to the Act provides that the regulations may impose levies on one or more specified primary industry products in the circumstances and at the rates payable by the person (ascertained in accordance with the regulations). Primary industry products include animal products.

Clause 3 of Schedule 7 (Deer slaughter) and clauses 4 and 5 of Schedule 8 (Deer velvet) to the Act provide for the imposition of levy on deer slaughter and sale of deer velvet.

Clause 4 of Schedule 7 to the Primary Industries (Excise) Levies Regulations 1999 (the Principal Regulations) sets the levy rate on deer slaughter. The deer slaughter levy is imposed on the slaughter at an abattoir of deer intended for human consumption and is payable by the producer of the deer. Clause 1 and 2 of Schedule 8 of the regulations set the levy rates on the sale of deer velvet and deer velvet used in producing other goods.

The Primary Industries (Excise) Levies Amendment Regulation 2011 (the Amendment Regulations) permanently lower the levy rates on deer slaughter to 4 cents per kilogram and deer velvet to one per cent of the sale value. This is to provide relief to deer producers suffering from an industry downturn. 

In 2007, the deer levy rates were decreased for a three year period to 2010 in recognition of industry difficulties. These rates reverted back to the original rates from 1 July 2010. In October 2010, the Deer Industry Association of Australia, on behalf of the deer industry, made a submission to the Minister for Agriculture, Fisheries and Forestry for a reduction to deer levies and charges. In May 2011 the association provided a second submission including the outcome of the industry-wide consultation on changes to the deer levies and charges. The Minister considered that industry consultation is adequate for a permanent reduction to deer levies and charges. In July 2011 the Minister approved a permanent reduction to the deer levies and charges. The Office of Best Practice Regulation considered that these amendments will have minor impacts and therefore no further analysis (in the form of a Regulation Impact Statement) is required (ID 12685).

Clause 5 of Schedule 7 and clause 7 of Schedule 8 to the Act provide that, before the Governor-General makes regulations for the purpose of prescribing a levy or charge, the Minister for Agriculture, Fisheries and Forestry must take into consideration any relevant recommendation made to the Minister by the industry services body. The Minister has taken into account recommendations of the submission from the Deer Industry Association of Australia, on behalf of the deer industry. 

The Amendment Regulations commence on 1 October 2011.

Details of the Amendment Regulations are set out in the Attachment.

The Amendment Regulations are legislative instruments for the purposes of the Legislative Instruments Act 2003.

1110587A-110808Z

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Attachment

DETAILS OF THE PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2011 (NO. 3)

Regulation 1 - Name of Regulations

Name of the Regulations is the Primary Industries (Excise) Levies Amendment Regulations 2011 (No. 3).

Regulation 2 - Commencement

These Regulations commence on 1 October 2011.

Regulation 3 - Amendment of Primary Industries (Excise) Levies Regulations 1999

Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999 (the Principal Regulations).

Schedule 1- Amendment

Item [1] Schedule 7, clause 4 (Deer slaughter)

Replace clause 4 of Schedule 7 to the Principal Regulations with a new clause to lower the deer slaughter levy from 6.5 cents to 4 cents per kilogram.

Item [2] Schedule 8, clause 1 (Rate of levy - sale of deer velvet)

Replace clause 1 of Schedule 8 to the Principal Regulations with a new clause to lower the levy rate on the sale of deer velvet from 3.5% to 1% of the sale value of deer velvet.

Item [2] Schedule 8, clause 2 (Rate of levy - deer velvet used in producing other goods)

Replace clause 2 of Schedule 8 to the Principal Regulations with a new clause to lower the levy rate on deer velvet used in producing other goods from 3.5% to 1% of the declared value of deer velvet.   

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