EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 388
Issued by the Authority of the Minister for Primary Industry
APPLE AND PEAR LEVY REGULATIONS (AMENDMENT)
The Apple and Pear Levy Act 1976 (the Act) provides for the imposition of a levy on the production of certain apples and pears produced in Australia and either sold by growers or used by growers in the production of fruit juice or other goods.
Amendments proposed to be made to the Apple and Pear Levy regulations are designed to increase the levy rate prescribed by regulation and to repeal an existing regulation which exempts fruit used for distillation purposes from the levy.
The proposed operative rates of charge prescribed in the regulations are in accordance with the recommendation to the Minister by the Australian Apple and Pear Growers’ Association that the rate of levy on juicing fruit be raised from 90 cents to $1.10 per tonne, on other processing fruit from $1.80 to $2.20 per tonne and on other (fresh market) fruit from 9 cents to 11 cents per box. The increased rates, to come into effect on 1 January 1985, are to fund additional promotional activity by the Corporation in view of an anticipated larger than normal crop in 1985. The maximum rates of levy permissible under the Act are for juicing fruit $1.50 per tonne, for processing fruit $3.60 per tonne and for fresh fruit 12 cents per box.
Sub-sections 7(4) and 7(5) of the Act provide for levy not to be payable on a prescribed class of fruit. Because of industry concern that the rate of levy (for processing fruit) payable on fruit for distillation purposes was too high the Act was recently amended to place distillation fruit in the lowest (juicing) levy category effective from 1 January 1985. Pending this amendment distillation fruit was made exempt from levy from 1 January 1984 by regulation on the recommendation of the Australian Apple and Pear Growers’ Association. These regulations repeal the exemption regulation to provide for levy to be charged on distillation fruit at the new lower levy rate.
The regulations are to come into operation on 1 January 1985.
Overview
The Apple and Pear Levy Regulations (Amendment) 1984 were enacted to amend the existing Apple and Pear Levy Regulations 1976, which were made under the Apple and Pear Levy Act 1976. The primary objective of these regulations was to address the financial needs of the apple and pear industry by increasing the levy rates on different classes of fruit produced in Australia, namely juicing fruit, processing fruit, and fresh market fruit. The increase in levy rates was intended to fund additional promotional activities by the relevant corporation in anticipation of a larger than normal crop in 1985. Additionally, the amendments sought to repeal a regulation that exempted fruit used for distillation purposes from the levy, aligning the levy rate for such fruit with the new lower levy rate for juicing fruit, effective from 1 January 1985. These amendments were made on the recommendation of the Australian Apple and Pear Growers’ Association and were issued by the Authority of the Minister for Primary Industry.
Scope and Application
The Apple and Pear Levy Regulations (Amendment) Statutory Rules 1984 pertain to the Apple and Pear Levy Act 1976, which applies to the production of specific apples and pears grown in Australia, whether these are sold by growers or used by them for the production of fruit juice or other goods. This regulation applies to growers within Australia, specifically targeting the apple and pear industry. The regulatory amendments, effective from 1 January 1985, are designed to increase the levy rates prescribed by the regulation, thereby impacting the financial obligations of growers in the apple and pear industry. Additionally, the amendments aim to repeal an existing regulation that exempts fruit used for distillation purposes from the levy, ensuring that all fruit, including those intended for distillation, will now be subject to the levy at a reduced rate. These regulations are designed to support additional promotional activities by the Corporation, given the anticipated larger than normal crop in 1985. The regulations are bound by the maximum rates of levy set out in the Act, which are $1.50 per tonne for juicing fruit, $3.60 per tonne for processing fruit, and 12 cents per box for fresh fruit.
Key Provisions
The Apple and Pear Levy Regulations (Amendment) set out the changes to the levy rates for apples and pears produced in Australia. Section 7(4) and 7(5) of the Apple and Pear Levy Act 1976 specify that the levy will not apply to certain classes of fruit. The proposed amendment increases the levy rates for different categories of fruit. For juicing fruit, the rate increases from 90 cents to $1.10 per tonne. For other processing fruit, the rate increases from $1.80 to $2.20 per tonne. For fresh market fruit, the rate increases from 9 cents to 11 cents per box. These new rates are intended to fund additional promotional activities by the Corporation due to an anticipated larger than normal crop in 1985.
The regulations impose specific obligations on parties involved in the production and sale of apples and pears. Growers who produce and sell apples and pears must comply with the amended levy rates. They are required to pay the increased levy for juicing fruit, processing fruit, and fresh market fruit as specified in the regulations. The amended regulations also stipulate that the levy will apply to fruit intended for distillation purposes at the new lower rate, which aligns with the changes made to the Act effective from 1 January 1985. These obligations ensure that the required levies are collected to fund the promotional activities planned by the Corporation.
Failure to comply with the new levy rates as specified in the regulations can result in legal consequences. While the regulations do not explicitly state penalties for non-compliance, breaches of the Apple and Pear Levy Act 1976 can lead to legal action. In general, non-compliance with agricultural levies can result in financial penalties and legal proceedings to recover the unpaid levies. The maximum rates of levy permissible under the Act are $1.50 per tonne for juicing fruit, $3.60 per tonne for processing fruit, and 12 cents per box for fresh fruit, indicating the importance of adhering to the prescribed rates to avoid any legal repercussions.