Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES (NATIONAL RESIDUE SURVEY LEVIES) AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 115

STATUTORY RULES 2001 No. 115

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 2001 (No. 1)

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 Governor-General 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of the proposed regulations is to continue the process of replacing old regulations that were previously supported by repealed Acts and updating existing collection regulations to reflect the changes.

Together with separate but complementary regulations under the Primary Industries Levies and Charges Collection Act 1991, [the Collection Act], the Primary Industries (Customs) Charges Act 1999, [the Charges Act], and the Primary Industries (Excise) Levies Act 1999, [the Levies Act], the Regulations reflect the minor and technical changes needed to retain the consistency in the levies legislative process.

They form a separate but complementary package of regulations to those being planned here. The other regulations are the Primary Industries Levies and Charges Collection Amendment Regulations 2001 (No. 2), the Primary Industries Levies, Charges and Collection Repeal Regulations 2001, the Primary Industries (Customs) Charges Amendment Regulations 2001 (No. 3) and the Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 4).

There are no policy changes or new requirements for levy payers. This package is part of an overall measure to reduce the amount of subordinate legislation administered by government.

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.

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 Levies Act and the Charges Act and collected under the aegis of the Collection Act.

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

The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 1) reflect these minor and technical changes, including the substitution of:

•       The title of lapsed regulations with the name of the new regulations where cross-references are required;

•       Part 5 relating to NRS levy on dairy produce; and

•       Part 13, divisions 3 and 4, relating to NRS levy on deer and pigs.

These amendments are necessary as a consequence of amendments to the Primary Industries Levies and Charges Collection Regulations 1991 (the Collection Regulations) relating to these commodities. The schedule also contains amendments to the reader's guide for ease of referencing these regulations to other comparable regulations.

Details of the regulations are contained in the Attachment.

The regulations would commence on 1 July 2001.

0101162A-010109A

ATTACHMENT

PRIMARY INDUSTRIES LEVIES AND CHARGES (NATIONAL RESIDUE SURVEY LEVIES) AMENDMENT REGULATIONS 2001 (No. 1)

Regulation 1 gives the name of the regulations as the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 1).

Regulation 2 provides that these regulations would commence on 1 July 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 provide for amendments to the regulations that allow for the reader's guide to be cross-referenced to other similar levy regulations.

Item 3 updates expressions, incorporations and records to be kept in respect of dairy produce for the purposes of Part 5 of the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 and makes them consistent with the Collection Regulations.

Item 4 updates expressions, incorporations and records to be kept in respect of deer and pigs for the purposes of Part 13, Divisions 3 and 4 of the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 and makes them consistent with the Collection Regulations.