Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (DAIRY) REGULATIONS(AMENDMENT) 1997 NO. 189

STATUTORY RULES 1997 No. 189

Issued by the Authority of the Minister for Primary Industries and Energy

Primary Industries Levies and Charges Collection Act 1991

Primary Industries Levies and Charges Collection (Dairy) Regulations (Amendment)

The Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provides for the administrative arrangements for the collection of levies and charges imposed by the Commonwealth.

Section 30 of the Collection Act provides that the Governor-General may make regulations, not inconsistent with the Collection Act, prescribing matters:

(a)       required or permitted to be prescribed; or

(b)       necessary or convenient to be prescribed for the purposes of carrying out or giving effect to the Collection Act.

Matters which may be prescribed include:

(i)       providing for the manner of payment of levy. and charge;

(ii)       requiring producers and others to furnish returns and information;

(iii)       requiring producers and others to keep accounts and records;

(iv)       providing for penalties for offences against the regulations.

The Collection Act works in conjunction with the Dairy Produce Act 1986, the Dairy Produce Levy (No. 1) Act 1986 , the Dairy Produce Levy (No. 2) Act 1986 and the Australian Animal Health Council (Live-stock Industries) Funding Act 1996.

The Dairy Produce Levy (No. 1) Amendment Act 1997 and the Australian Animal Health Council (Live-stock Industries) Funding Amendment Act 1997 provides for the imposition of the Australian Animal Health Council levy on milk producers from 1 July 1997. The funds collected from this levy are used to finance the dairy industry's contribution to the Australian Animal Health Council (AAHC).

The Regulations amend the Primary Industries Levies and Charges Collection (Dairy) Regulations so that the Australian Animal Health Council levy is collected in the same manner as the other milk producer levies.

As with other dairy industry levies, the Australian Animal Health Council levy is due for payment on the 28th day of the second month following the month in which the levy is imposed. A monthly return relating to this levy must be lodged not later than 1 month and 20 days after the end of the month in which relevant dairy produce is purchased or sold by the person liable to pay levy. This monthly return must contain the same information as that required for the Corporation, promotion and research levies.

Details of the regulations are as follows:

Regulation 1 provides for these regulations to commence on 1 July 1997.

Regulation 2 provides for the Primary Industries Levies and Charges Collection (Dairy) Regulations to be amended in accordance with these Regulations.

Regulation 3 defines the Australian Animal Health Council levy as being the definition contained in the Dairy Produce Levy (No. 1) Act 1986.

Regulation 4 specifies that the Australian Animal Health Council levy becomes due for payment on the 28th day after the end of the month immediately following the month in which the levy is imposed. This is the same as other monthly dairy industry levies.

Regulation 5 provides for the lodgement of a monthly return relating to Australian Animal Health Council levy not later than 1 month and 20 days after the end of the month in which relevant dairy produce is purchased or sold by the person liable to pay levy.

Regulation 6 stipulates that this monthly return must contain the same information as that required for the Corporation, promotion and research levies.