Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (DAIRY) REGULATIONS(AMENDMENT) 1996 NO. 126

STATUTORY RULES 1996 No. 126

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

Primary Industries Levies and Charges Collection Act 1991

Primary Industries Levies and Charges Collection (Dairy) Regulations (Amendment)

The Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provides for the administrative arrangements for the collection of levies and charges imposed by the Commonwealth.

The enactment of the Dairy Produce Amendment Act 1996 and the Dairy Produce Levy (No. 1) Amendment Act 1996, which both received Royal Assent on 6 June 1996, retrospectively amended the definitions of market milk and manufacturing milk. These amended definitions ensured that the legislative framework underpinning Australia's dairy market support arrangements was consistent with established industry milk payment practices. Specifically, market milk is differentiated from manufacturing milk on a payment rather than a physical basis under state legislation. Thus, it was necessary to incorporate a similar distinction in the legislative provisions determining the administration of the market support arrangements. The legislative amendments have minimal impact on the dairy industry as they merely give legal effect to existing practices.

Consequently, these Regulations amend the requirements regarding levy returns and records of levy payers under the Primary Industries Levies and Charges Collection (Dairy) Regulations to provide consistency with the abovementioned legislative changes. The Regulations apply retrospectively from 1 July 1995.

These amendments replicate existing dairy industry practices and do not materially affect any person within the dairy industry. However, provisions are included to protect persons who may have submitted returns since 1 July 1995 that comply with the previous Regulations but are inconsistent with the current Regulations.

The Collection Act works in conjunction with the Dairy Produce Act 1986, the Dairy Produce Levy (No. 1) Act 1986 and the Dairy Produce Levy (No. 2) Act 1986.

Details of the amended regulations are as follows:

Regulation 1 provides for these regulations to commence on 1 July 1995. These regulations apply from this date to ensure consistency with the retrospective legislative enactment of new definitions for market milk and manufacturing milk.

Regulation 2 provides for the Primary Industries Levies and Charges Collection (Dairy) Regulations to be amended in accordance with these Regulations.

Regulation 3 amends Regulation 4 of the Primary Industries Levies and Charges Collection (Dairy) Regulations to redefine market milk, for the purposes of imposing and collecting the market milk levy under the dairy market support arrangements, according to its amended definition in the Dairy Produce Levy (No. 1) Act 1986. The "Collection Act" is also defined to mean the Primary Industries Levies and Charges Collection Act 1991.

Regulations 4, 5 and 6, amend the conditions prescribing the monthly returns for market milk (Regulation 15), manufacturing milk (Regulation 16) and the Corporation, promotion and research levies (Regulation 17). These amendments reflect the revised definitions of market milk and manufacturing milk.

Regulation 7 provides that persons who complied with the previous Regulations in submitting monthly returns are not liable for penalty if a further amended return is submitted before 1 January 1997.