Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (NATIONAL RESIDUE SURVEY - ONION) REGULATIONS 1994 NO. 4

STATUTORY RULES 1994 No. 4

Issued by Authority of the Minister for Primary Industries and Energy

Primary Industries Levies and Charges Collection Act 1991

National Residue Survey Administration Act 1992

Horticultural Export Charge Act 1987

Horticultural Levy Act 1987

Primary Industries Levies and Charges Collection (National Residue Survey - Onion) Regulations

Section 30 of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provides that the Governor-General may make regulations, not inconsistent with the Collection Act, prescribing all matters required or permitted to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Collection Act, in particular the making of provisions in relation to the payment of levy or amounts on account of levy and other amounts payable to the Commonwealth.

Section 13 of the National Residue Survey Administration Act 1992 (the NRS Act) provides that the Governor-General may make regulations, not inconsistent with the NRS Act, prescribing all matters required or permitted by the NRS Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the NRS Act.

Under subsection 14(1) of each of the Horticultural Export Charge Act 1987 (Charge Act) and the Horticultural Levy Act 1987 (Levy Act) the Governor-General may make regulations required or necessary to be made to give effect to those Acts.

Section 10 of the Charge Act provides that regulations may fix a rate of charge for purposes unspecified by the Collection Act in relation to a class of leviable horticultural product. Section 10 of the Levy Act provides that regulations may fix a rate of levy for purposes unspecified by the Levy Act in relation to a class of leviable horticultural product.

The Regulations prescribe onions as leviable and chargeable horticultural products under section 10 of each of the Levy and Charge Acts. Paragraph 9(2)(b) of the NRS Act allows for a rate of export levy to be prescribed in relation to onions which are exported, not exceeding the rate specified in Column [3] of the Table appearing in the Schedule to the NRS Act.

The proposed Regulations will impose a statutory levy on onions, at the industry's request, for the purpose of funding a residue monitoring program. The Regulations set the operative levy rate and provide the appropriate administrative measures, including the manner of payment, provision of returns and the keeping of records, to operate from 1 February 1994.

Before making regulations under each of the Levy and Charge Acts, the Governor-General is required under subsection 14(10) to take into account any relevant recommendation to the Minister from the eligible industry body for the horticultural product. The Regulations prescribe the Australian Onion Association as the eligible industry body for onions.

The prescribed operative rate of levy and export charge, under the NRS Act, appearing in Column [2] of the Table appearing in the Act is being set at a rate of forty cents per tonne, with effect from 1 February 1994. This rate of levy and export charge is consistent with the wishes of the Australian Onion Association in accordance with its commitment to the National Residue Survey under full cost recovery.