Apple and Pear Levy Regulations (Amendment)

Overview

The Apple and Pear Levy Regulations (Amendment) Statutory Rules 1982, issued under the authority of the Minister for Primary Industry, were enacted to amend the existing regulations concerning the imposition of a levy on the production of certain apples and pears as outlined in the Apple and Pear Levy Act 1976. This legislation was introduced to address the need for higher levy rates to provide the Australian Apple and Pear Corporation with sufficient funds for effective domestic market promotion. As per the Act, the Governor-General is required to consider any recommendations made by the Australian Apple and Pear Growers’ Association to the Minister before making regulations relating to the operative rate of the levy. The proposed amendment to the operative rate of levy, as prescribed in the regulation, aligns with the Association's recommendation to set the levy at 90 cents per tonne on juicing fruit, $1.80 per tonne on processing fruit, and 9 cents per box on any other fruit, which is within the maximum rates permissible under the Act. These regulations are set to take effect from 1 January 1983.

Scope and Application

The Apple and Pear Levy Regulations (Amendment) under the Apple and Pear Levy Act 1976 apply to growers involved in the production of apples and pears in Australia, specifically those selling fruit or using it in the production of fruit juice or other goods. The regulation pertains to the financial levy imposed on the production of these fruits, which is used to fund the Australian Apple and Pear Corporation. The geographic scope of this legislation is nationwide, as it operates under the Commonwealth's authority. The Act allows for the imposition of a levy based on the type of fruit production, with rates set at 90 cents per tonne for juicing fruit, $1.80 per tonne for processing fruit, and 9 cents per box for other fruit. These rates were determined in line with the recommendations from the Australian Apple and Pear Growers’ Association and are lower than the maximum rates permitted under the Act, which are $1.50 per tonne for juicing fruit, $3.60 per tonne for processing fruit, and 12 cents per box for other fruit. The regulation is set to come into effect from 1 January 1983, reflecting the need for higher levy rates to ensure sufficient funding for the Corporation's promotional activities in the domestic market. The application of the Act may be extended or restricted through subordinate instruments, although specific details on such extensions or restrictions are not provided in the text.

Key Provisions

The Apple and Pear Levy Regulations (Amendment) Statutory Rules of 1982 establish new rates for levies on the production and sale of apples and pears under the Apple and Pear Levy Act 1976. Section 6(3) of the Act stipulates that before any changes to the levy rates are made, the Governor-General must consider any recommendations from the Australian Apple and Pear Growers’ Association. The Amendment Regulations propose new rates for the levy, which are set at 90 cents per tonne for juicing fruit, $1.80 per tonne for processing fruit, and 9 cents per box for any other fruit. These rates are within the maximum permissible limits set by the Act, which are $1.50 per tonne for juicing fruit, $3.60 per tonne for processing fruit, and 12 cents per box for any other fruit. The Regulations impose specific obligations on growers of apples and pears who are subject to the levy. They must adhere to the new rates set out in the Amendment Regulations when selling or using their produce for juice or other goods. This includes accurately calculating and paying the appropriate levy amount based on the type of fruit and its intended use. The levies collected are intended to fund the Australian Apple and Pear Corporation, which is responsible for promoting the industry on the domestic market. Failure to comply with the new levy rates and payment requirements can result in legal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of regulations under the Apple and Pear Levy Act 1976 may lead to fines or other penalties as prescribed by law. These penalties serve as a deterrent to non-compliance and ensure that the industry can secure adequate funds for promotional activities. The new levy rates are designed to provide the Australian Apple and Pear Corporation with the necessary resources to effectively promote the industry and maintain its competitiveness in the domestic market.