Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATION 2012 (NO. 2) (SLI NO 324 OF 2012)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 324

 

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

 

Primary Industries (Customs) Charges Act 1999

 

Primary Industries (Customs) Charges Amendment Regulation 2012 (No. 2)

 

 

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

 

The Primary Industries (Customs) Charges Regulations 2000 establish that a charge is imposed on wheat produced in Australia, if that wheat is exported.  The producer, defined as the person who exports the product from Australia, is liable to pay the charge, known as the Wheat Export Charge (WEC). The sole purpose of WEC is to fund the operations of Wheat Exports Australia (WEA).

 

Government reforms to wheat export marketing arrangements include abolishing the WEC and the Wheat Export Accreditation Scheme on 10 December 2012 and winding-up WEA on 31 December 2012. While the Wheat Export Marketing Amendment Act 2012, passed by parliament in November 2012, is the primary vehicle for implementing these reforms, amendments to related legislation are required to give full effect to the government's decision.

 

The purpose of the Regulation is to amend Part 5 of Schedule 14 of the Primary Industries (Customs) Charges Regulations 2000 to abolish the WEC. As WEA is in a strong financial position, the removal of the WEC on 10 December 2012 will not limit its ability to finalise its outstanding commitments, such as producing its 'Report for Growers' publication, before being abolished on 31 December 2012.

 

Clause 13 of Schedule 14 to the Act provides that, before the Governor-General makes regulations, the Minister must take into consideration any relevant recommendation made by the relevant industry body. Grain Producers Australia (GPA) is the designated body under the Primary Industries (Customs) Charges (Designated Body) Declaration 2003. GPA was consulted, and its views taken into account, in the development of these reforms.

 

The Office of Best Practice Regulation was consulted on the reforms and a Regulation Impact Statement (ID 12707) is available on the OBPR website at www.ris.finance.gov.au/files/2012/03/03-Wheat-Export-Marketing-RIS.pdf.

 

The Regulation is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment.

 

Details of the Primary Industries (Customs) Charges Amendment Regulation 2012 (No. 2) are set out below:

 

Section 1 - Name of Regulation

 

This Section provides for the title of the regulation to be the Primary Industries (Customs) Charges Amendment Regulation 2012 (No. 2).

 

Section 2 - Commencement

 

This Section provides for the Regulation to commence on 10 December 2012.

 

Section 3 - Amendment of Primary Industries (Customs) Charges Regulations 2000

 

This Section provides for the Primary Industries (Customs) Charges Regulations 2000 to be amended as set out in Schedule 1.

 

Schedule 1 - Amendments

 

Item 1 omits Schedule 14, Part 5 of the Primary Industries (Customs) Charges Regulations 2000 which imposes a charge on wheat produced in Australia and exported.

 

 


 

Attachment

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Primary Industries (Customs) Charges Amendment Regulation 2012 (No. 2)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

This Legislative Instrument omits Part 5 of Schedule 14 of the Primary Industries (Customs) Charges Regulations 2000 by abolishing the Wheat Export Charge imposed on wheat produced in Australia and exported.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Senator the Hon. Joseph William Ludwig

Minister for Agriculture, Fisheries and Forestry

 

 


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