EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 263

 

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

Fisheries and Forestry

 

Primary Industries Levies and Charges Collection Act 1991

 

Primary Industries Levies and Charges Collection Amendment Regulations 2007 (No. 6)

 

Section 30 of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) each provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The Regulations provide a mechanism to enable certain plant industries to fund their share of the costs of responding to emergency plant pests and diseases under the Government and Plant Industry Cost Sharing Deed in Respect of Emergency Plant Pest Responses, also referred to as the Emergency Plant Pest Response Deed (EPPRD).

 

The Regulations also make a minor correction to the Collection Regulations.

 

The EPPRD commenced on 26 October 2005. The parties to the EPPRD are the Australian Government, the state and territory governments and plant industries. Under the EPPRD, the Australian Government, relevant state and territory governments and affected plant industry members will share the eligible costs incurred in responding to emergency plant pests and diseases. The Australian Government has agreed to underwrite industry liabilities under the EPPRD. In turn, the EPPRD requires plant industry parties to have a funding mechanism in place that would enable them to repay the Australian Government in the event that the Government underwrites the industry parties’ shares of the costs of a response to a categorised plant disease affecting their production crops. A number of plant industry signatories to the EPPRD have elected to meet their obligations under the EPPRD using Emergency Plant Pest Response (EPPR) levies and charges.

 

In accordance with the Government’s Levy Guidelines and Principles, levy payers within relevant industries have been consulted on the imposition of EPPR levies and charges. Following consultation, the relevant representative industry organisations (Almond Board of Australia, Avocados Australia, Cherry Growers Australia, Australian Citrus Growers, Australian Cotton Growers Research Association, Australian Dried Fruit Association, Grains Council of Australia, Winemakers Federation of Australia, Australian Macadamia Society, Australian Mango Industry Association, Ricegrowers’ Association of Australia and Strawberries Australia), on behalf of their respective industries, have recommended to the portfolio Minister that the EPPR levies and charges be introduced.

 

These Regulations are part of a package of three sets of Regulations which impose the new EPPR levies and charges.

 

Although the EPPR levies and charges are to be established as a new levy or charge, the basic collection arrangements will be identical to those for existing marketing and Research and Development levies and charges. The Regulations provide for the collection of EPPR levies and charges by incorporating references to the new EPPR levies and charges within the existing levy collection arrangements for the primary industry products.

 

Details of the Collection Regulations are contained in the Attachment.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Office of Best Practice Regulation has advised that the preparation of a Business Cost Calculator or a Regulation Impact Statement is not mandatory (OBPR ID: 2007/9284).

 

In accordance with the Government’s Levy Guidelines and Principles, levy payers within relevant industries have been consulted on the imposition of EPPR levies and charges.

 

The regulations commence on the day after they are registered.

ATTACHMENT

 

 

DETAILS OF THE PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION AMENDMENT REGULATIONS 2007 (No. 6).

 

Regulation 1 provides for the name of the Regulations to be the Primary Industries Levies and Charges Collection Amendment Regulations 2007 (No. 6).

 

Regulation 2 provides for the Regulations to commence on the day after they are registered.

 

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

 

SCHEDULE 1 AMENDMENTS

 

Item 1 amends the definition of “levy” in Schedule 8 (coarse grains) to include reference to EPPR levy.

 

Item 2 amends the definition of “levy” in Schedule 9 (cotton) to include reference to EPPR levy.

 

Item 3 amends the definition of “levy” in Schedule 19 (grain legumes) to include reference to EPPR levy.

 

Item 4 amends the definition of “levy” in Schedule 20 (grapes) to include reference to EPPR levy.

 

Item 5 amends the definition of “charge” in Schedule 22 (horticultural products) to include reference to EPPR charge.

 

Item 6 amends the definition of “levy” in Schedule 22 (horticultural products) to include reference to EPPR levy.

 

Item 7 corrects a typographical error.

 

Item 8 amends the definition of “levy” in Schedule 29 (oilseeds) to include reference to EPPR levy.

 

Item 9 amends the definition of “levy” in Schedule 32 (rice) to include reference to EPPR levy.

 

Item 10 amends the definition of “levy” in Schedule 34 (wheat) to include reference to EPPR levy.

 

Item 11 amends the definition of “levy” in Schedule 36 (wine grapes) to include reference to EPPR levy.