Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2004 (NO. 5) 2004 NO. 162

Section 8 of the Primary Industries (Excise) Levies Act 1999 (the Excise Act), section 8 of the Primary Industries (Customs) Charges Act 1999 (the Charges Act), and Subsection 30(1) of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) respectively provide that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

The proposed Regulations would implement a compulsory levy (and/or an export charge) on the sale of goats to enable those levies and charges to be used fund the goat industry's share of the costs of responding to emergency animal diseases and which will also be used to repay the Commonwealth for underwriting the goat industry's costs for those outbreaks. The Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 5), (the Excise regulations), and the Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 6), (the Charges regulations), respectively set the initial rate of levy and export charge.

The Government approved the Emergency Animal Disease Response Agreement (EADRA) in March 2002. The EADRA provides that livestock industries, including the goat industry, are able to repay any amounts paid by the Commonwealth on behalf of industry under the agreement, via a statutory levy or charge. To allow the repayment arrangements via a levy to come into law for the goat industry, it was necessary to implement new emergency animal disease response levies and charges under Schedule 27 to the Primary Industries (Excise) Levies Act 1999 and under Schedule 14 to the Primary Industries (Customs) Charges Act 1999. At this stage, the new levy will be set at zero. This means that there will be no increase in the levy burden on goat levy and charge payers from the outset. However, should a disease outbreak occur, there could be an increased levy burden on levy payers.

Sub clause 14(2) of Schedule 27 to the Excise Act provides that if there is a body designated in relation to a particular product, and before the Governor-General makes regulations, the Minister must take into consideration any relevant recommendation made to the Minister by the designated industry body. Sub clause 13(2) of Schedule 14 to the Charges Act provides that if there is a body designated in relation to a particular product, and before the Governor-General makes regulations, the Minister must take into consideration any relevant recommendation made to the Minister by the designated industry body. The designated body for the Goat industry is the Goat Industry Council of Australia Inc.

The Office of Regulation Review has been consulted and the relevant Regulation Impact Statement identifier is RIS ID number 2703.

Details of the regulations, namely, the Excise regulations, the Charges regulations and the Collection regulations, are contained in Attachments A, B and C respectively.

The proposed Regulations would commence on 1 July 2004.

ATTACHMENT A

DETAILS OF THE PROPOSED PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2004 (No. 5).

Regulation 1 would provide for the name of the proposed regulations to be the Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 5).

Regulation 2 would provide for the proposed Regulations to commence on 1 July 2004.

Regulation 3 would provide that Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999.

SCHEDULE 1       AMENDMENTS

Item 1 would replace existing words in subclause 7(1) of Schedule 18 to include reference to a levy on goat transactions for the Emergency Animal Disease Response Levy (EADRL) - a levy to fund national emergency animal disease responses.

Item 2 would replace existing words in subclause 7(3) of Schedule 18 to include reference to a levy on goat transactions for the Emergency Animal Disease Response Levy (EADRL) - a levy to fund national emergency animal disease responses.

The effect of theses amendments would be to change the existing regulations to enable the imposition of an EADRL levy for the goat industry.

ATTACHMENT B

DETAILS OF THE PROPOSED PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATIONS 2004 (No. 6).

Regulation 1 would provide for the name of the proposed Regulations to be the Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 6).

Regulation 2 would provide for the Regulations to commence on 1 July 2004.

Regulation 3 would provide that Schedule 1 amends the Primary Industries (Customs) Charges Regulations 2000.

SCHEDULE 1       AMENDMENTS

Item 1 would replace the existing words in subclause 5(1) of Schedule 12 so that the new words include reference to goats for the purposes of Emergency Animal Disease Response Charge (EADRC).

Item 2 would replace the existing words in subclause 5(3) of Schedule 12 so that the new words include reference to goats for the purposes of the Emergency Animal Disease Response Charge (EADRC).

The effect of theses amendments would be to change the existing regulations to enable the imposition of an EADRC charge for the goat industry.

ATTACHMENT C

DETAILS OF THE PROPOSED PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION AMENDMENT REGULATIONS 2004 (No. 3).

Regulation 1 would provide for the name of the proposed Regulations to be the Primary Industries Levies and Charges Collection Amendment Regulations 2004 (No. 3).

Regulation 2 would provide for the proposed Regulations to commence on 1 July 2004.

Regulation 3 would provide that Schedule 1 amends the Primary Industries Levies and Charges Collection Regulations 1991.

SCHEDULE 1       AMENDMENTS

Item 1 would amend the definition of "charge" such that clause 2 paragraph (b) of Schedule 25 would include reference to goats in the Emergency Animal Disease Response Charge (EADRC) on goat transactions.

Item 2 would amend the definition of "levy" such that clause 2 paragraph (b) of Schedule 27 would include reference to goats in the Emergency Animal Disease Response Levy (EADRL) on goat transactions.

The effect of theses amendments would be to change the existing regulations to enable the collection of an EADRL and an EADRC for the goat industry.