Transparency There is transparency in the legislation and regulations in terms of the levies imposed on each commodity and the rates of those levies. In many instances it is apparent exactly how the levies collected are disbursed in terms of the amount attributed to R&D or marketing for example. There is less visibility is in the way in which peak industry bodies or representative organisations are established and in relation to agreements, Deeds or MOUs that exist between industry bodies, representative organisations and with the Government and the terms of those documents. See Section 3.3 of the report and Appendix D. Flexibility Under the current system there are specific instances where the exact levy rate has been specified in the Act, making it more difficult to amend (specifically goat fibres and deer slaughter). For a number of commodities there are maximum rates for the levy or charge specified in Act, which then provides for the regulations to prescribe the actual rate. From a legislative perspective the legislation is flexible if it is amended using the applicable parliamentary procedures. This is apparent from how historically the key acts have been amended see Table A.2 below. However, improved flexibility or dynamism could be achieved with standardising the 'fuel mix' to improve the operational flexibility and responsiveness of the levy system. This is discussed at Chapter 4 of the report. A.2 Name of Act/Regulation Commencement date Number of times the Act or Regulation have been amended Primary Industries (Customs) 1 July 1999 10 Charges Act 1999 Primary Industries (Customs) 1 July 2000 75 Charges Regulations 2000 Primary Industries (Excise) Levies 1 Jan 2000 – schedule 26 22 Act 1999 1 July 1999 - remainder Primary Industries (Excise) Levies 1 Jan 2000 121 Regulations 1999 National Residue Survey (Customs) 1 Aug 1998 5 Levy Act 1998 National Residue Survey (Excise) 1 Aug 1998 6 Levy Act 1998 Primary Industries Levies and 1 July 1991 28 Charges Collection Act 1991 Primary Industries Levies and 1 July 1991 79 Charges Collection Regulations 1991 Primary Industries Levies and 1 Aug 1998 39 Charges (National Residue Survey Levies) Regulations 1998 Plant Health Australia (Plant 8 Oct 2002 3 Industries) Funding Act 2002 Australian Animal Health Council 25 Oct 1996 6 (Livestock Industries) Funding Act 1996 National Residue Survey 1 July 1993. 8 Administration Act 1992
Transparency There is transparency in the legislation and regulations in terms of the levies imposed on each commodity and the rates of those levies. In many instances it is apparent exactly how the levies collected are disbursed in terms of the amount attributed to R&D or marketing for example. There is less visibility is in the way in which peak industry bodies or representative organisations are established and in relation to agreements, Deeds or MOUs that exist between industry bodies, representative organisations and with the Government and the terms of those documents. See Section 3.3 of the report and Appendix D. Flexibility Under the current system there are specific instances where the exact levy rate has been specified in the Act, making it more difficult to amend (specifically goat fibres and deer slaughter). For a number of commodities there are maximum rates for the levy or charge specified in Act, which then provides for the regulations to prescribe the actual rate. From a legislative perspective the legislation is flexible if it is amended using the applicable parliamentary procedures. This is apparent from how historically the key acts have been amended see Table A.2 below. However, improved flexibility or dynamism could be achieved with standardising the 'fuel mix' to improve the operational flexibility and responsiveness of the levy system. This is discussed at Chapter 4 of the report. A.2 Name of Act/Regulation Commencement date Number of times the Act or Regulation have been amended Primary Industries (Customs) Charges Act 1999 1 July 1999 10 Primary Industries (Customs) Charges Regulations 2000 1 July 2000 75 Primary Industries (Excise) Levies Act 1999 1 Jan 2000 – schedule 26 1 July 1999 - remainder 22 Primary Industries (Excise) Levies Regulations 1999 1 Jan 2000 121 National Residue Survey (Customs) Levy Act 1998 1 Aug 1998 5 National Residue Survey (Excise) Levy Act 1998 1 Aug 1998 6 Primary Industries Levies and Charges Collection Act 1991 1 July 1991 28 Primary Industries Levies and Charges Collection Regulations 1991 1 July 1991 79 Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 1 Aug 1998 39 Plant Health Australia (Plant Industries) Funding Act 2002 8 Oct 2002 3 Australian Animal Health Council (Livestock Industries) Funding Act 1996 25 Oct 1996 6 National Residue Survey Administration Act 1992 1 July 1993. 8