2002-2003

 

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

NATIONAL RESIDUE SURVEY EXCISE LEVY RATE CORRECTION (LAMB TRANSACTIONS) BILL 2003

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Parliamentary Secretary to the Minister for

Agriculture, Fisheries and Forestry, Senator the Hon Judith Troeth)

 

NATIONAL RESIDUE SURVEY EXCISE LEVY RATE CORRECTION (LAMB TRANSACTIONS) BILL 2003

 

GENERAL outline

 

National Residue Survey (Excise) Levy Act 1998

 

The proposed amendments validate levy already collected at the agreed rate of 8 cents set in June 1998 in respect of lambs with a sale price of more than $75 under the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 (the Regulations). Since 1 July 2000 a levy of 4.7 cents per head has applied through the drafting fault in the Regulations, rather than the intended rate of 8 cents per head.

 

The peak industry body, the Sheep Meat Council of Australia has formally requested that this drafting fault be amended, and for the validation of the levy already collected at the agreed rate of 8 cents set in June 1998. The levy is used to recover the cost of the Lamb Industry's residue monitoring program that is required for market access.

 

FINANCIAL IMPACT STATEMENT

 

The proposed amendments to the National Residue Survey (Excise) Levy Act 1998 have no financial impact on the Commonwealth.

 

NOTES ON CLAUSES

 

Clause 1:        Short title

 

This clause provides for the short title of the Act to be the National Residue Survey Excise Levy Rate Correction (Lamb Transactions) Act 2003.

 

Clause 2:        Commencement

 

This clause provides that the Act comes into effect on Royal Assent.

 

Clause 3:        Definitions

 

Clause 3 provides for the definition of lamb , the Levy Act , the Levy Regulations , sale and sale price to have the same meaning as those in the National Residue Survey (Excise) Levy Act 1998 and the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 as in force prior to 30 May 2003.

 

Clause 4:        Sale price exceeding $75 per head - correction of rate of levy from 1 July 2000 to 30 May 2003

 

Subsection 4 (1) sets the correction period for lambs with a sale price of more than $75 per head to apply for the period starting 1 July 2000 and ending immediately before 30 May 2003.

 

Subsection 4 (2) (a) allows for a rate of levy of 4 cents per head for lambs with a sale price of more than $75 per head to have applied for the period starting 1 July 2000 and ending before 16 November 2001 when the levy was halved.

 

Subsection 4 (2) (b) allows for a rate of levy of 8 cents per head for lambs with a sale price of more than $75 per head to have applied for the period starting 16 November 2001 and ending before 30 May 2003.

 

Subsection 4 (3) gives effect to subsection 4(2) despite the provisions in the Levy Act and the Levy Regulations in force before 30 May 2003.