Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES (EXCISE) LEVIES (MACADAMIA NUT) AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 4

STATUTORY RULES 2000 No. 4

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

Primary Industries (Excise) Levies Act 1999

Primary Industries (Customs) Charges Act 1999

Primary Industries (Excise) Levies (Macadamia Nut) Amendment Regulations 2000 (No. 1)

Primary Industries (Customs) Charges (Macadamia Nut) Amendment Regulations 2000 (No. 1)

Section 8 of both the Primary Industries (Excise) Levies Act 1999 (the Levies Act) and the Primary Industries (Customs) Charges Act 1999 (the Charges Act) provide that the Governor-General may make regulations necessary or convenient to be prescribed for carrying out or giving effect to each Act. In addition, the Governor-General may make regulations to impose levies and export charges on classes of horticultural products under clause 6 of Schedule 15 of the Levies Act and clause 5 of Schedule 10 of the Charges Act, respectively.

The purpose of the Regulations is to correct a drafting error.

The Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations 1992 (the 1992 Regulations), were put in place to impose a levy and an export charge on macadamia nut producers for the purposes of funding the activities of the Horticultural Research and Development Corporation and the Australian Horticultural Corporation and to specify the collection mechanism.

Following passage of new primary legislation in 19-99, the Primary Industries (Excise) Levies (Macadamia Nut) Regulations 1999 and the Primary Industries (Customs) Charges (Macadamia Nut) Regulations 1999 came into force with effect from 1 January 2000. These Regulations, among other things, replaced the 1992 Regulations and incorporated those provisions from the 1992 Regulations dealing with the charge, levy and collection details for macadamia nuts.

When the provisions for exemptions from charge and levy were transferred, an error occurred in the transcription of the figures for exemptions in the 2000 levy year during the drafting process. The figure for the 2000 levy year in both regulations should be 1668 tonnes, not 668 tonnes. (The correct figures were previously contained in regulation 12 of the 1992 Regulations).

The Regulations correct this error.

Details of the Regulations are given at Attachment A.

The regulations commenced on gazettal.

ATTACHMENT A

DETAILS OF THE PRIMARY INDUSTRIES (EXCISE) LEVIES (MACADAMIA NUT) AMENDMENT REGULATIONS 2000 (No. 1)

Regulation 1 defines the proposed regulations as the Primary Industries (Excise) Levies (Macadamia Nut) Amendment Regulations 2000 (No. 1).

Regulation 2 gives the date of commencement of the Regulations as the date of gazettal.

Regulation 3 provides that Schedule 1 amends the Primary Industries (Excise) Levies (Macadamia Nut) Regulations 1999.

SCHEDULE 1:

Item 1 corrects item 5 in the table under paragraph 6(b), by substituting 1668 tonnes for 668 tonnes.

DETAILS OF THE PRIMARY INDUSTRIES (CUSTOMS) CHARGES (MACADAMIA, NUT) AMENDMENT REGULATIONS 2000 (No. 1)

Regulation 1 defines the proposed regulations as the Primary Industries (Customs) Charges (Macadamia Nut) Amendment Regulations 2000 (No. 1).

Regulation 2 gives the date of commencement of the Regulations as the date of gazettal.

Regulation 3 provides that Schedule 1 amends the Primary Industries (Customs) Charges (Macadamia Nut) Regulations 1999.

SCHEDULE 1:

Item 1 corrects item 5 in the table under paragraph 6(b), by substituting 1668 tonnes for 668 tonnes.