Apple and Pear Levy Regulations
Statutory Rules 1976 No. 296 as amended
made under the
Apple and Pear Levy Act 1976
This compilation was prepared on 21 November 2000
taking into account amendments up to SR 1987 No. 291
[Note: This Statutory Rule was repealed by SR 2000 No. 239]
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Citation [see Note 1]
2 Commencement
3 Rate of levy
4 Prescribed class of fruit
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Apple and Pear Levy Regulations.
2 Commencement
These Regulations shall come into operation on 1 January 1977.
3 Rate of levy
For the purposes of subsection 6 (1) of the Apple and Pear Levy Act 1976, the rate of the levy imposed by that Act is:
(a) in the case of levy on juicing fruit — $1.20 per tonne of fruit;
(b) in the case of levy on processing fruit — $2.40 per tonne of fruit; and
(c) in any other case — 12 cents per box of fruit.
4 Prescribed class of fruit
For the purposes of subsection 7 (4) of the Apple and Pear Levy Act 1976, fruit sold for stockfood is a prescribed class of fruit.
Notes to the Apple and Pear Levy Regulations
Note 1
The Apple and Pear Levy Regulations (in force under the Apple and Pear Levy Act 1976) as shown in this compilation comprise Statutory Rules 1976 No. 296 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1976 No. 296 (a) | 30 Dec 1976 | 1 Jan 1977 | |
1981 No. 365 | 23 Dec 1981 | R. 1: 1 Jan 1982
Remainder: 23 Dec 1981 | — |
1982 No. 328 | 30 Nov 1982 | R. 1: 1 Jan 1983
Remainder: 30 Nov 1983 | — |
1983 No. 287 | 25 Nov 1983 | R. 1: 1 Jan 1984
Remainder: 25 Nov 1983 | — |
1984 No. 388 | 5 Dec 1984 | 1 Jan 1985 | — |
1987 No. 11 | 4 Feb 1987 | 4 Feb 1987 | — |
1987 No. 291 | 17 Dec 1987 | 1 Jan 1988 | — |
(a) The form of introductory words used to make Statutory Rules 1976 No. 296 was as follows:
“WHEREAS it is provided by subsection 6 (1) of the Apple and Pear Levy Act 1976 that subject to subsection 6 (2) of that Act, the rate of the levy imposed by that Act is such rate as is prescribed:
“AND WHEREAS it is provided by subsection 6 (3) of that Act that before making regulations for the purposes of subsection 6 (1) of that Act, the Governor-General shall take into consideration any recommendations made to the Minister by the Australian Apple and Pear Growers’ Association with respect to the rate of the levy:
“AND WHEREAS the rate last recommended to the Minister by that Association is:
(a) in the case of levy on juicing fruit — 50 cents per tonne of fruit;
(b) in the case of levy on processing fruit — $1.00 per tonne of fruit; and
(c) in any other case — 5 cents per box of fruit:
“NOW THEREFORE I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after taking into consideration the recommendations made to the Minister by that Association with respect to the rate of the levy, hereby make the following Regulations under the Apple and Pear Levy Act 1976.”
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 3................. | am. 1981 No. 365; 1982 No. 328; 1984 No. 388; 1987 No. 291 |
R. 4................. | ad. 1983 No. 287 rep. 1984 No. 388 ad. 1987 No. 11 |
Overview
The Apple and Pear Levy Regulations 1976 (C1976L00296) were enacted to provide the necessary regulatory framework for the levy system established under the Apple and Pear Levy Act 1976. These regulations, prepared by the Office of Legislative Drafting, Attorney-General’s Department, were designed to address the need for a structured approach to collecting levies on apples and pears, thereby supporting the industry's financial requirements and ensuring compliance. The regulations specify the rates of levy, which vary depending on whether the fruit is intended for juicing, processing, or other uses, and also clarify the classification of fruit subject to the levy. These provisions were brought into operation on 1 January 1977 and have been amended several times since to reflect changes in the industry and economic conditions. The policy objective behind these regulations is to facilitate the orderly administration of levies on apples and pears, ensuring that the industry can function efficiently while contributing to the broader economic framework.
Scope and Application
The Apple and Pear Levy Regulations, which were made under the Apple and Pear Levy Act 1976, set forth the rates at which levies on apples and pears are imposed. These regulations apply to entities involved in the sale of apples and pears in Australia, specifically those engaged in the sale of juicing fruit, processing fruit, or fruit sold for stockfood. The geographic reach of these regulations is national, as they apply across Australia under the Commonwealth's legislative authority. The regulations specify different levy rates for different types of fruit transactions, such as $1.20 per tonne for juicing fruit, $2.40 per tonne for processing fruit, and 12 cents per box for other cases. Notably, the regulations were repealed by Statutory Rule 2000 No. 239, which means they no longer have legal effect. The regulations also provide for adjustments to the rates of levy through subordinate instruments, reflecting the dynamic nature of economic conditions and the need for periodic updates to the levy rates.
Key Provisions
The Apple and Pear Levy Regulations (1976) establish the rate of levy for apples and pears under the Apple and Pear Levy Act 1976. These regulations, which came into operation on 1 January 1977, set forth the specific rates at which the levy is imposed on different types of fruit. For juicing fruit, the rate is set at $1.20 per tonne (Regulation 3(a)); for processing fruit, the rate is $2.40 per tonne (Regulation 3(b)); and for any other case, the rate is 12 cents per box of fruit (Regulation 3(c)). Additionally, these regulations define "fruit sold for stockfood" as a prescribed class of fruit under the Act (Regulation 4).
Entities and individuals subject to these regulations, including apple and pear growers, processors, and sellers, must adhere to the specified rates when calculating and paying the levy. They must ensure that the correct levy is applied based on the type of fruit being processed or sold. This includes maintaining accurate records and documentation of their fruit sales and processing activities to demonstrate compliance with the specified rates. Furthermore, these regulations mandate that the levy be paid to the relevant authorities within the stipulated timeframes, typically by the end of each financial year. Failure to comply with these requirements may result in penalties or other enforcement actions.
Breaches of the Apple and Pear Levy Regulations can lead to both civil and criminal consequences. Under the Apple and Pear Levy Act 1976, non-compliance with the levy requirements can result in fines and other penalties. For instance, knowingly providing false or misleading information regarding the amount of levy due can attract a penalty of up to $10,000 or imprisonment for up to one year, or both (Section 14 of the Act). Additionally, failure to pay the levy within the prescribed period may result in further financial penalties and interest charges. These provisions are designed to ensure that the levy is collected accurately and efficiently, supporting the objectives of the Apple and Pear Levy Act.