Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (NATIONAL RESIDUESURVEY-ONION) REGULATIONS (AMENDMENT) 1997 NO. 357

STATUTORY RULES 1997 No. 357

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 (Amendment)

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.

The purpose of the regulations is to correct a minor drafting error in the original regulations. The regulations are used to set the operative rate of levy to be recovered from the Onion Export industry for its commitment to a chemical residue monitoring program. The correction now makes R clear that a rate of levy set by regulation under the Horticultural Export Charge Act 1987 triggers sub-section 9(2) of the NRS Act and allows an export charge to be collected from onion exporters.

It is proposed that the regulations operate from 1 January 1998.