EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 343
Issued by the Authority of the Minister for Primary Industry
CANNED FRUITS LEVY ACT 1979
CANNED FRUITS LEVY REGULATIONS (AMENDMENT)
The Canned Fruits Levy Act 1979 provides for the Governor-General to make regulations for the purpose of prescribing levy rates for canned deciduous fruit. The levy is used to meet the administrative and promotion expenses of the Australian Canned Fruits Corporation.
The Australian Canned Fruits Corporation, established under the Canned Fruits Marketing Act 1979, makes recommendations to the Minister on the operative rates of levy.
In order to maintain an acceptable level of funds in its Administration Account, the Corporation has recommended that the rate of levy for canned deciduous fruit produced on and from 1 December 1986 be increased to the equivalent of 17 cents per basic carton. I agreed to the recommendation on 23 October 1986.
The existing operative rate of levy is the equivalent of 10 cents per basic carton specified under Statutory Rules 1985, No. 314.
The proposed regulation gives effect to the Corporation’s recommendation by substituting a new schedule for the rates of levy specified in Statutory Rules 1985, No. 314.
Class of Container | Existing Rate of Levy | Proposed New Rate of Levy |
| | |
Where the gross weight of the container does not exceed 150 grams | 0.8334 cents per dozen containers | 1.417 cents per dozen containers |
Where the gross weight of the container exceeds 150 grams but does not exceed 320 grams | 1.25 cents per dozen containers | 2.125 cents per dozen containers |
Where the gross weight of the container exceeds 320 grams but does not exceed 490 grams | 2.5 cents per dozen containers | 4.250 cents per dozen containers |
Where the gross weight of the container exceeds 490 grams but does not exceed 680 grams | 3.75 cents per dozen containers | 6.375 cents per dozen containers |
Where the gross weight of the container exceeds 680 grams | 5 cents per dozen containers and in addition, 3 cents per dozen containers for each 450 grams, or part of 450 grams, by which the gross weight of the container exceeds 900 grams | 8.5 cents per dozen containers and in addition 5.1 cents per dozen containers for each 450 grams or part of 450 grams, by which the gross weight of the container exceeds 900 grams |
AUTHORITY: Section 10 of the Canned Fruits Levy Act 1979.
EXPLANATORY STATEMENT
ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION REGULATIONS.
Statutory Rules 1986 No. 344 Issued by the Authority of the Minister of State for Aboriginal Affairs.
These regulations are made under secion 32 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (the Act) which provides that the Governor-General may make regulations not inconsistent with the Act prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 17(1) of the Act provides for the Minister to appoint persons to be authorized officers for the purposes of protecting significant Aboriginal areas or objects from an immediate threat of injury or desecration for a period not exceeding 48 hours.
Sub-section 17(2) of the Act provides that the Minister shall cause to be issued to each authorized officer an identity card in the form prescribed containing a photograph of the officer.
Sub-section 17(3) of the Act so far as is relevant provides that where an authorized officer notifies a person of a declaration made he shall produce his identity card or, if he cannot produce his identity card, provide such particulars of his identity card as are prescribed.
The regulations prescribe for the purposes of sub-sections 17(2) and (3) of the Act the form of the identity card and the details which must be provided by the authorized officer if the identity card is not avaialable.
The schedule to the regulations provides the form of the identity card.
Overview
The Canned Fruits Levy Act 1979 was enacted to establish a levy on canned deciduous fruit, with the proceeds intended to cover the administrative and promotional expenses of the Australian Canned Fruits Corporation. This legislation allows the Governor-General to set levy rates for canned fruits, which are recommended by the Corporation and must be approved by the Minister. The primary objective of the Act is to ensure that the Corporation has sufficient funds to effectively manage and promote the canned fruits industry. The Canned Fruits Levy Regulations (Amendment) Statutory Rules 1986, issued under the authority of the Minister for Primary Industry, reflect a recommendation from the Corporation to increase the levy rate from 10 cents to 17 cents per basic carton, effective from 1 December 1986. This amendment aims to maintain an acceptable level of funds in the Corporation's Administration Account.
The Aboriginal and Torres Strait Islander Heritage Protection Regulations, Statutory Rules 1986 No. 344, were issued by the Minister of State for Aboriginal Affairs under section 32 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. These regulations prescribe the form and details of the identity cards to be issued to authorised officers appointed by the Minister to protect significant Aboriginal areas or objects from immediate threats of injury or desecration for up to 48 hours. The regulations are designed to ensure that authorised officers can effectively perform their duties, including the presentation of their identity cards when notifying individuals of a declaration. The schedule to these regulations specifies the form of the identity card and the necessary details to be included.
Scope and Application
The Canned Fruits Levy Act 1979 pertains to the regulation of levies imposed on canned deciduous fruit to support the administrative and promotional activities of the Australian Canned Fruits Corporation. This Act applies to the Australian Canned Fruits Corporation and any entities engaged in the production and sale of canned deciduous fruit within Australia. The geographic reach of the Act is nationwide, as it applies to the entire Commonwealth of Australia. The Act allows the Governor-General to make regulations prescribing the rates of levy, which are intended to maintain an acceptable level of funds in the Corporation’s Administration Account. The application of this Act may be extended or restricted through subordinate instruments, specifically through the Canned Fruits Levy Regulations, which can be amended to adjust the rates of levy as necessary. The Act does not explicitly state any exclusions or thresholds, but it is understood that it applies to the commercial entities involved in the canned fruits industry.
Key Provisions
The primary sections of the Canned Fruits Levy Act 1979 (section 10) and the accompanying regulations serve to establish the framework for levy rates on canned deciduous fruit. This levy is intended to cover the administrative and promotional expenses of the Australian Canned Fruits Corporation (section 10). The Act allows the Governor-General to set these rates through statutory rules, ensuring the Corporation has adequate funds to operate effectively. In this case, the Act has been amended to increase the levy rate to 17 cents per basic carton, up from the previous rate of 10 cents, effective from 1 December 1986.
These regulations impose specific obligations on the Australian Canned Fruits Corporation, including the responsibility to recommend appropriate levy rates to the Minister. The Corporation must ensure that there are sufficient funds in its Administration Account to meet its operational needs. The Act also mandates that the Minister must agree to any recommended changes in levy rates before they become effective. Additionally, producers of canned deciduous fruit are required to pay the specified levy rates on their products.
Failure to comply with the provisions of the Canned Fruits Levy Act 1979 may result in civil or criminal consequences. Although the specific penalties are not detailed within the provided text, breaches of similar legislative frameworks typically involve fines or other monetary penalties, reflecting the severity of non-compliance with regulatory requirements. The exact penalties would be determined by the courts based on the nature and extent of the breach, but they could include substantial financial penalties to ensure compliance with the legislative intent.
In summary, the Canned Fruits Levy Act 1979 and its associated regulations lay out a clear framework for levy rates on canned deciduous fruit, with specific obligations on the Australian Canned Fruits Corporation and producers. Non-compliance with these provisions could result in significant penalties, although the exact nature of these penalties is not specified in the provided text. The amendments to the levy rates are aimed at maintaining adequate funds for the Corporation's administrative and promotional activities.