Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES (NATIONAL RESIDUE SURVEY LEVIES) AMENDMENT REGULATIONS 2000 (NO. 4) 2000 NO. 323

STATUTORY RULES 2000 No. 323

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

Primary Industries Levies and Charges Collection Act 1991

National Residue Survey (Customs) Levy Act 1998

National Residue Survey (Excise) Levy Act 1998

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2000 (No. 4)

Section 30 of the Primary Industries Levies and Charges Collection Act 1991, section 8 of the National Residue Survey (Customs) Levy Act 1998 and section 8 of the National Residue Survey (Excise) Levy Act 1998 provide that the GovernorGeneral may make regulations prescribing matters required or permitted to be prescribed by the Acts, or necessary or convenient to be prescribed for carrying out or giving effect to the Acts.

The purpose of the regulations is to:

i)       reduce the rate of levy required to fund the Kangaroo Industry's commitment to its National Residue Survey residue monitoring program, and

ii)       continue the process of replacing old regulations that were previously supported by repealed Acts. These relate to laying chickens and meat chickens.

The regulations are part of a package that, together with regulations under the Primary Industries and Energy Research and Development Act 1989, the Primary Industries Levies and Charges Collection Act 1991, the Primary Industries (Customs) Charges Act 1999 and the Primary Industries (Excise) Levies Act 1999, continue the process of replacing old regulations that were previously supported by repealed Acts and, as a consequence, update existing collection regulations to reflect the changes. These other regulations are the Rural Industries Research and Development Corporation Regulations 2000, the Primary Industries Levies and Charges Collection Amendment Regulations 2000 (No. 4), the Primary Industries Levies, Charges and Collection (Laying Chicken and Meat Chicken) Repeal Regulations 2000 and the Primary Industries (Excise) Levies Amendment Regulations 2000 (No. 5).

The National Residue Survey implements chemical residue monitoring programs and recovers the costs of the programs from participating industries. These programs form the basis for documentation that enables the Australian Government to certify that raw food products bound for export and domestic consumption are free from significant chemical contamination.

Kangaroo Meat

The cost of the National Residue Survey residue-monitoring program for kangaroo meat processed for human consumption is currently recovered from the industry through a statutory levy of 4 cents per carcass at slaughter for human consumption. Due to a build up in reserve funds from the kangaroo meat monitoring program the Kangaroo Industry Association of Australia wishes to re-allocate a portion of the current 4 cent levy to research and development. Under the new regulations the current National Residue Survey Levy will be reduced from 4 cents per carcase to 0.5 cents per carcase. A new research and development levy of 3.5 cents per case will be introduced for kangaroo meat for human consumption by the Rural Industries Research and Development Corporation Regulations 2000.

There will be no overall increase in the current levy imposed on the kangaroo meat for human consumption industry, only a re-allocation of the current levy rate of 4 cents per carcase between residue testing and research and development.

Replacing old legislation

There are no policy changes or new requirements for levy payers in the replacing of the old regulations for laying chickens and meat chickens. The replacement is part of an overall measure to reduce the amount of subordinate legislation administered by government.

Levies that support the cost recovery mechanism for the National Residue Survey programs are collected at the same time, and in the same manner, as research and development and marketing levies made under the Primary Industries Levies and Charges Collection Act 1991, the Primary Industries (Customs) Charges Act 1999 and the Primary Industries (Excise) Levies Act 1999.

Because National Residue Survey levies are collected at the same time, and in the same manner, as research and development and marketing levies, changes being made in the other regulations in the package need to be reflected in regulations made under the National Residue Survey (Customs) Levy Act 1998 and the National Residue Survey (Excise) Levy Act 1998.

The Regulations reflect these technical changes and substitute the title of the lapsed regulations with the name of the new regulations where cross-references are required for laying chickens and meat chickens

Details of the Regulations are in the Attachment.

The regulations commence on 1 January 2001.

ATTACHMENT

PRIMARY INDUSTRIES LEVIES AND CHARGES (NATIONAL RESIDUE SURVEY LEVIES) AMENDMENT REGULATIONS 2000 (No. 4)

Regulation 1 gives the name of the regulations as the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2000 (No. 4).

Regulation 2 provides that these regulations commence on 1 January 2001.

Regulation 3 states that Schedule 1 amends the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998.

Schedule 1        Amendments

Items 1 and 2 omit notes 1 and 2 after Regulation 60 in the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 and insert a new regulation (61) that cites the rate of levy to apply in respect of kangaroo from 1 January 2001.

Item 3 updates expressions, incorporations and records to be kept in respect of laying chickens and deletes reference to the Laying Chicken Levy Regulations and inserts a reference to Schedule 23 of the Collection Regulations.

Item 4 updates expressions, incorporations and records to be kept in respect of meat chickens and deletes reference to the Meat Chicken Levy Regulations and inserts a reference to Schedule 28 of the Collection Regulations.