PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (WHEAT) REGULATIONS (AMENDMENT) 1993 NO. 246

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (WHEAT) REGULATIONS (AMENDMENT) 1993 NO. 246

STATUTORY RULES 1993 No. 246

Issued by Authority of the Minister for Primary Industries and Energy

Wheat Industry Fund Levy Act 1989

Primary Industries Levies And Charges Collection Act 1991

Primary Industries Levies And Charges Collection (Wheat) Regulations (Amendment)

The Primary Industries Levies and Charges Collection (Wheat) Regulations (the Regulations) currently define, for the purpose of determining levy, the sale value for wheat whether it is included in a pool or otherwise sold. This definition does not take account of the special situation of wheat that has been produced specifically for sale as seed for sowing. In this case there are added costs in growing the wheat 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 wheat 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 wheat sold as seed for sowing shall be determined as if the wheat had been sold at the market price applying to wheat sold for normal commercial purposes at the time levy is imposed. This will ensure that under the ad valorem levy arrangements, seed wheat growers are levied on the same basis as other wheat growers.

A consequential amendment to the Regulations concerning time of levy payment has also been necessary and the opportunity has 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 wheat harvest and the commencement of the quarterly 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 (Wheat) Regulations.

Regulation 3 -

Subregulation 3.1 corrects an error in the reference to the section of the Levy Act mentioned in regulation 4.

Subregulation 3.2 inserts a new paragraph in regulation 4 to provide that the sale value of wheat sold as seed for sowing shall be determined as if the wheat had been sold for normal commercial purposes at the market price prevailing on the day the wheat was delivered.

Subregulation 3.3 amends subparagraph 4(1)(b)(ii) relating to wheat other than seed wheat, to clarify that the sale value where there are no sales invoices is the market price prevailing on the day the wheat was processed or delivered.

Regulation 4. - This proposed Regulation is a consequential change to regulation 8 to include reference to wheat sold as seed for sowing in the provisions covering time of levy payment.