Commonwealth Numbered Regulations - Explanatory Statements

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SUGAR CANE LEVY REGULATIONS (AMENDMENT) 1995 NO. 258

STATUTORY RULES 1995 No. 258

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

Sugar Cane Levy Act 1987

Sugar Cane Levy Regulations (Amendment)

Subsection 9 (1) of the Sugar Cane Levy Act 1987 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 6 of the Act imposes a levy on sugar cane delivered by the grower to another person other than for storage on behalf of the grower.

Section 7 of the Act provides that the rate of levy may be prescribed but shall not exceed $0.15 per tonne.

Subsection 9(2) of the Act provides that before making regulations for the purposes of section 7, the Governor-General shall take into consideration any relevant recommendation arising out of consultations between the Minister and the sugar industry organisations.

Currently the prescribed rate of levy under Regulation 3 of the Sugar Cane Levy Regulations is $0.14 per tonne.

Section 30 of the Primary industries and Energy Research and Development Act 1989 (the PIERD Act) provides for research levy money to be paid to Research and Development Corporations. The sugar cane research levy has been attached to the Sugar Research and Development Corporation (SRDC) since 1 October 1990.

The Australian Cane Growers' Council Ltd (ACGC), represented by Canegrowers, together with the Australian Sugar Milling Council (ASMC) and the Australian Cane Farmers Association (ACFA), has written to the Minister requesting that the rate of levy be increased to $0.15 per tonne, commencing as early as possible in the 1995-96 season.

As the industry's request to increase the levy accords with the Government's objective of encouraging rural industries to increase their contribution for research to 0.5 per cent of the industry's GVP, the Minister agrees with the recommendations of Canegrowers (on behalf of the ACGC), the ASMC and the ACFA.

The Commonwealth Government contributes matching amounts to cover research expenditure recommended by the SRDC and approved by the Minister. In any one financial year the Commonwealth contribution is limited to 0.5 per cent of the gross value of production(GVP). Estimated Commonwealth expenditure for 1995-96 is $5.02 million.

Details of the proposed regulations are set out below:

Subregulation 1.1 provides that the Regulations shall commence on 1 September 1995.

Subregulation 2.1 provides for the existing regulations to be amended.

Subregulation 3.1 provides for Regulation 3 (Prescribed rate of levy) of the existing regulations, to be amended to increase the rate of levy applicable to leviable sugar cane to $0.15 per tonne.