PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (GRAIN LEGUMES) REGULATIONS (AMENDMENT) 1993 NO. 248

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (GRAIN LEGUMES) REGULATIONS (AMENDMENT) 1993 NO. 248

STATUTORY RULES 1993 No. 248

Issued by Authority of the Minister for Primary Industries and Energy

Grain Legumes Levy Act 1985

Primary Industries Levies and Charges Collection Act 1991

Primary Industries Levies and Charges Collection (Grain Legumes) Regulations (Amendment)

The Primary Industries Levies and Charges Collection (Grain Legumes) Regulations (the Regulations) currently define, for the purpose of determining levy, the sale value for grain legumes whether they are included in a pool or otherwise sold. This definition does not take account of the special situation of grain legumes that have been produced specifically for sale as seed for sowing. In this case there are added costs in growing the grain legumes and the harvested product is subjected to special cleaning, grading and chemical processes, as well as requiring packaging and labelling. As a result, the sale price of the seed is significantly higher than the price at which grain legumes of the same type would be sold for normal commercial purposes such as milling or stockfeed.

The proposed Regulations will provide that for the purposes of determining levy, the sale value of grain legumes sold as seed for sowing shall be determined as if the grain legumes had been sold at the market price applying to grain legumes sold for normal commercial purposes at the time levy is imposed. This will ensure that under the ad valorem levy arrangements, seed grain legumes growers are levied on the same basis as other grain legume growers. The opportunity has also been taken to bring the current definition of value into line with similar provisions in regulations for other grains.

The proposed Regulations will commence on 1 October to coincide with the start of the bulk of the grain legumes harvest and the commencement of a levy collection period.

Details of the proposed Regulations are set out in the Attachment.

ATTACHMENT

Details of the proposed Regulations are as follows:

Regulation 1 - Provides for the proposed Regulations to commence on 1 October 1993.

Regulation 2 - Provides for the amendment of the Primary Industries Levies and Charges Collection (Grain Legumes) Regulations.

Regulation 3 -

Subregulation 3.1 inserts a new paragraph in regulation 3B to provide that the sale value of grain legumes sold as seed for sowing shall be determined as if the grain legumes had been sold for normal commercial purposes at the market price prevailing on the day the grain legumes were delivered.

Subregulation 3.2 amends subparagraph 3B(1)(b)(ii) relating to grain legumes other than seed grain legumes, to clarify that the sale price to be used in determining levy where there are no sales invoices, is the market price prevailing on the day the grain legumes were delivered.