EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 291
Issued by the Authority of the Minister for Primary Industries and Energy
APPLE AND PEAR LEVY REGULATIONS (AMENDMENT)
The Apple and Pear Export Charge Act 1976 provides for the imposition of levy on the production of certain apples and pears sold by a grower or produced and used by a grower in the production of fruit juice or other goods.
Under subsection 6(3), the Apple and Pear Levy Act 1976 provides that before making regulations relating to the operative rate of levy the Governor-General shall consider any recommendations made to the Minister by the Australian Apple and Pear Growers’ Association.
The proposed operative rates of levy are in accordance with the Association’s recommendation to the Minister that the rate of levy be $1.20 per tonne on juicing fruit, $2.40 per tonne on processing fruit and 12 cents per box on any other fruit.
The maximum rate of levy permissible under the Act is $1.50 per tonne on juicing fruit, $3.60 per tonne on processing fruit and 12 cents per box on any other fruit.
The levy is to finance the activities of the Australian Apple and Pear Corporation. The apple and pear industry considers that higher rates of levy are required for the 1988 season to provide sufficient funds to meet operational needs of the Australian Apple and Pear Corporation in the immediate future.
The Regulation is to take effect from 1 January 1988.
Overview
The Apple and Pear Levy Regulations (Amendment) Statutory Rules 1987 No. 291, issued under the authority of the Minister for Primary Industries and Energy, aim to amend the Apple and Pear Export Charge Act 1976 by introducing new operative rates for the levy on apple and pear production. The primary objective of this regulation is to address the financial needs of the Australian Apple and Pear Corporation by increasing the levy rates to ensure adequate funding for its operations. This amendment responds to recommendations made by the Australian Apple and Pear Growers’ Association to the Minister, proposing specific levy rates that align with the industry’s requirements for the 1988 season. The proposed rates are $1.20 per tonne for juicing fruit, $2.40 per tonne for processing fruit, and 12 cents per box for other fruit, which are lower than the maximum permissible rates set by the Act. The regulation will come into effect on 1 January 1988, ensuring timely financial support for the industry.
Scope and Application
The Apple and Pear Levy Regulations (Amendment) Statutory Rules 1987 No. 291 pertain to the operation and adjustment of levies on the production of certain apples and pears, as outlined in the Apple and Pear Export Charge Act 1976. This legislation applies to growers of apples and pears who either sell these fruits directly or use them in the production of fruit juice or other goods. The levy is imposed to finance the activities of the Australian Apple and Pear Corporation, with the rates of levy being determined in accordance with recommendations from the Australian Apple and Pear Growers’ Association. The proposed rates for the 1988 season are $1.20 per tonne for juicing fruit, $2.40 per tonne for processing fruit, and 12 cents per box for any other fruit, which are set below the maximum permissible rates of $1.50 per tonne, $3.60 per tonne, and 12 cents per box respectively. These regulations extend to the entire Commonwealth of Australia, ensuring a unified approach to the levy across all jurisdictions. The regulations do not explicitly state any exclusions or exemptions, but they do highlight the need for higher rates to sufficiently fund the operational needs of the Australian Apple and Pear Corporation. The regulations are set to take effect from 1 January 1988, indicating a timely adjustment to meet the financial requirements of the industry.
Key Provisions
The Apple and Pear Levy Regulations (Amendment) under the Apple and Pear Export Charge Act 1976 outline specific changes to the rates at which levies are imposed on apple and pear production. According to section 6(3) of the Act, these regulations must consider any recommendations from the Australian Apple and Pear Growers’ Association before being made. The amended regulations set the operative rates at $1.20 per tonne for juicing fruit, $2.40 per tonne for processing fruit, and 12 cents per box for any other fruit, aligning with the recommendations made by the Association to the Minister. These rates, while slightly lower than the maximum allowable under the Act, which stands at $1.50 per tonne for juicing fruit, $3.60 per tonne for processing fruit, and the same 12 cents per box, are deemed necessary to secure adequate funding for the Australian Apple and Pear Corporation's operations.
The obligations imposed by these regulations are primarily on growers involved in apple and pear production. These growers are required to pay the specified levies on their produce, which will be used to finance the activities of the Australian Apple and Pear Corporation. This includes supporting industry initiatives, research, and marketing efforts that benefit the apple and pear sector. The levy applies to all growers selling or using their produce in the specified categories, ensuring that all industry participants contribute to the funding pool.
Failure to comply with these regulations can lead to various consequences, although the specific details of these penalties are not explicitly outlined in the provided text. Typically, under such legislation, non-compliance could result in fines, legal action, or other administrative penalties. The maximum penalties would likely be determined by relevant sections within the Apple and Pear Export Charge Act 1976 or related statutes, but they are not specified in the provided excerpt. It is important for growers and industry stakeholders to adhere to these regulations to avoid any adverse outcomes and ensure the continued financial support of the Australian Apple and Pear Corporation.