Horticultural Export Charge Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 3461

–––––––

Horticultural Export Charge Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and having taken into consideration relevant recommendations made to the Minister by the Australian Horticultural Corporation and by the Horticultural Research and Development Corporation, hereby make the following Regulations under the Horticultural Export Charge Act 1987 and the Horticultural Export Charge Collection Act 1987.

Dated 29 November 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

JOHN KERIN

Minister of State for Primary Industries

and Energy

–––––––––

Commencement

1. These Regulations commence on 1 January 1990.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Horticultural Export Charge Regulations.

Interpretation

3. Regulation 3 of the Principal Regulations is amended:

(a) by inserting in subregulation (1) the following definitions:

“ ‘nashi’ has the same meaning as in the Horticultural Levy (Apple and Pear) Regulations;

‘tray’, in relation to nashi, has the same meaning as in the Horticultural Levy (Apple and Pear) Regulations.”;

(b) by omitting “1987,” from the definition of “the Export Charge Act” in subregulation (1) and substituting “1987;”;

(c)  by inserting after subregulation (2) the following subregulation:

“(2a) For the purposes of the application of these Regulations to nashi not packed in trays, a reference to a tray of nashi is a reference to 4 kilograms of nashi.”.

Rates of charge

4. Regulation 4 of the Principal Regulations is amended:

(a) by omitting from paragraph (1) (a) “92.5%” and substituting “90%”;

(b) by omitting from paragraph (1) (b) “7.5%” and substituting “10%”.

5. Regulation 5 of the Principal Regulations is repealed and the following regulation substituted:

Eligible industry bodies

“5. For the purposes of subsections 14 (6) and (7) of the Export Charge Act, the eligible industry body:

(a) for the classes of chargeable horticultural products specified in Column 2 in Schedule 1 is:

(i) in respect of nashi—the Australian Nashi Growers’ Association; and

(ii) in respect of apples and pears (excluding nashi)—the Australian Apple and Pear Growers’ Association; and

(b) for the classes of chargeable horticultural products specified in Column 2 in Schedule 2 is the Australian Citrus Growers’ Federation.”.

Schedule 1

6. Schedule 1 to the Principal Regulations is repealed and the following Schedule substituted:

SCHEDULE 1  Subregulation 4 (1)

and regulations 5 and 6

RATES OF CHARGE

Column 1	Column 2	Column 3
Class of chargeable horticultural products
	Item No.	Rate
1	Apples	16 cents per box
2	Pears (excluding nashi)	16 cents per box
3	Nashi	40 cents per tray

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 December 1989.

2. Statutory Rules 1988 No. 190 as amended by Statutory Rules 1989 Nos. 41 and 261.