Rice Levy Act 1991

No. 168 of 1991

An Act to impose a levy on rice produced in Australia

[Assented to 14 November 1991]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Rice Levy Act 1991.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Interpretation

3.(1) In this Act, unless the contrary intention appears:

"leviable rice" means rice of a variety that is:

(a) specified in the Schedule; or

(b) prescribed by the regulations as leviable rice for the purposes of this Act;

"rice industry body" means:

(a) the Rice Marketing Board for the State of New South Wales; or

(b) the Rice Growers' Association of Australia; or

(c) the Ricegrowers' Co-operative Limited; or

(d) the Rice Marketing Board for the State of Queensland; or

(e) any other organisation prescribed by the regulations as a rice industry body for the purposes of this Act;

"season" means the period of 12 months beginning on 1 October 1991, and each succeeding period of 12 months;

"State marketing authority" means:

(a) the Rice Marketing Board for the State of New South Wales; or

(b) the Rice Marketing Board for the State of Queensland.

(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined in this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

Act to bind Crown

4. This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

Imposition of levy

5. Levy is imposed on leviable rice that is:

(a) produced in Australia; and

(b) delivered to a processor after the commencement of this section.

Rate of levy

6.(1) Subject to subsection (6), the rate of levy is the amount per tonne specified by the Minister by instrument published in the Gazette.

(2) The instrument must not specify a rate higher than $2.00 per tonne.

(3) The instrument may specify:

(a) different rates for different varieties of rice; and

(b) different rates for rice harvested in different seasons.

(4) The Minister must not specify a rate of levy for a variety of rice unless the rate is recommended by the State marketing authority for the State in which that variety is harvested.

(5) If a variety of rice is harvested in 2 or more States, the State marketing authorities for those States must, for the purposes of subsection (4), make a joint recommendation as to the rate for that variety.

(6) If:

(a) the Minister has specified a rate of levy for a variety of rice harvested in a particular season; and

(b) the Minister has not later specified another rate for that variety; the rate for rice of that variety harvested in a later season is the rate referred to in paragraph (a).

(7) A recommendation to the Minister under this section may be made on behalf of a State marketing authority by a person:

(a) who is an agent of the authority; and

(b) who is authorised by the authority to make a recommendation on behalf of the authority under this section.

(8) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

By whom levy payable

7. Levy on leviable rice is payable by the producer of the rice.

Regulations

8.(1) The Governor-General may make regulations for the purposes of section 3.

(2) Before making any regulation under subsection (1), the Governor-General is to take into consideration any relevant recommendation made to the Minister by a rice industry body.

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 SCHEDULE Section 3

LEVIABLE RICE VARIETIES

Oryza sativa L. cv Amaroo

Oryza sativa L. cv Bogan

Oryza sativa L. cv Echuca

Oryza sativa L. cv Bahia

Oryza sativa L. cv Calrose

Oryza sativa L. cv YRB 1

Oryza sativa L. cv Pelde

Oryza sativa L. cv Doongara

Oryza sativa L. cv Goolarah

Oryza sativa L. cv Blue Bonnet 50

Oryza sativa L. cv Star Bonnet

Oryza sativa L. cv Lemont

Oryza sativa L. cv Fin

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[Minister's second reading speech made in—

House of Representatives on 4 September 1991

Senate on 7 November 1991]