Australian Horticultural Corporation (Australian Dried Fruits Board) Regulations 1999 (No. 1) 1999 No. 54
EXPLANATORY STATEMENT
STATUTORY RULES 1999 NO. 54
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Australian Horticultural Corporation Act 1987
Australian Horticultural Corporation (Australian Dried Fruits Board) Regulations 1999 (No. 1)
The Australian Horticultural Corporation Act 1987 (the Act) provides for the promotion of the consumption and sale, both in Australia and overseas, of Australian horticultural products.
The Australian Horticultural Corporation (AHC) promotes Australian horticultural products on the domestic and international markets. The AHC is funded by statutory levies from participating industries, export charges and sales of products and services.
Section 121 of the Act provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 102(1) of the Act, as amended, describes the functions of its Boards.
Subsection 102(1)(c) and (d) of the Act, as amended, relate to promoting the consumption and sale of its products both in Australia and overseas and the marketing of its products domestically.
Regulation 6 of the Australian Horticultural Corporation (Australian Dried Fruits Board) Regulations provides that the Australian Dried Fruits Board (ADFB) is specifically excluded from the functions listed under Sections 102(1)(c) and (d) as they apply to the marketing and promotion of dried fruit on the domestic market.
The purpose of the Regulations is to repeal Regulation 6 which will allow the ADFB to promote the consumption and sale of dried fruit in Australia as well as overseas.
Repeal of Regulation 6 is at the recommendation of the AHC and the Australian Dried Fruits Association, the peak industry body.
The regulations also provide for 'a change to the title of the regulations, to be known as Australian Horticultural Corporation (Australian Dried Fruits Board) Regulations 1991. This will bring the title of these regulations into line with the current practice of including the year that the regulations were made in the title of the regulations.
The Regulations commence on date of gazettal.
Overview
The Australian Horticultural Corporation (Australian Dried Fruits Board) Regulations 1999 (No. 1) were enacted to amend existing regulations concerning the functions of the Australian Dried Fruits Board (ADFB) under the Australian Horticultural Corporation Act 1987. The original Regulation 6 of the 1999 regulations excluded the ADFB from promoting the consumption and sale of dried fruits both domestically and internationally, which was considered a gap in effectively supporting the dried fruits industry. These amendments were introduced in response to recommendations from the Australian Horticultural Corporation and the Australian Dried Fruits Association, aiming to better align the ADFB's activities with the overall objectives of the Act, which include the promotion and marketing of Australian horticultural products. The changes also include a revision to the title of the regulations to reflect the year they were made, aligning with current regulatory practices. The regulations were enacted by the relevant authority under the Act, ensuring compliance and effectiveness in the legislative framework governing the horticultural sector.
Scope and Application
The Australian Horticultural Corporation Act 1987 applies to the Australian Horticultural Corporation (AHC) and its boards, including the Australian Dried Fruits Board (ADFB), with a focus on promoting the consumption and sale of Australian horticultural products both domestically and internationally. The AHC is funded through levies, export charges, and sales of products and services, with its activities directed by the provisions of the Act and any subsidiary regulations. The Act has a broad jurisdictional reach as it encompasses the entire Commonwealth of Australia, ensuring that its provisions apply uniformly across all states and territories. Notably, the Act does not specify any exclusions, but the scope of its application is subject to the functions outlined in Section 102(1) of the Act, as well as any regulations made under Section 121. The Australian Horticultural Corporation (Australian Dried Fruits Board) Regulations 1999 (No. 1) further delineate the specific functions and scope of the ADFB, including a recent amendment to repeal Regulation 6, which previously restricted the ADFB's ability to promote dried fruit on the domestic market. These regulations also update the title of the regulations to reflect the year of their enactment, aligning with current naming conventions.
Key Provisions
The Australian Horticultural Corporation (Australian Dried Fruits Board) Regulations 1999 (No. 1) (the Regulations) amend the existing framework under the Australian Horticultural Corporation Act 1987 (the Act) to allow the Australian Dried Fruits Board (ADFB) to undertake activities related to the promotion and sale of dried fruits. Section 121 of the Act empowers the Governor-General to make regulations necessary for the purposes of the Act, and Regulation 6 of these Regulations specifically modifies the scope of activities for the ADFB, permitting it to engage in the promotion and sale of dried fruits within Australia, which was previously restricted (Section 102(1)(c) and (d)). This amendment aligns the ADFB's functions more closely with those of other boards under the Act, facilitating a broader role in the marketing and promotion of dried fruits.
The Regulations impose specific obligations on the ADFB and other relevant parties to ensure compliance with the amended scope of activities. The ADFB must now adhere to the new provisions that allow for the promotion and sale of dried fruits in Australia, in addition to its previous overseas activities. This includes ensuring that all promotional activities comply with the overarching objectives of the Act, which is to enhance the consumption and sale of Australian horticultural products. The ADFB must also ensure that its activities are consistent with the funding mechanisms outlined in the Act, such as the statutory levies and export charges.
In the event of non-compliance with the Regulations, there are potential civil and criminal consequences. While the specific penalties are not detailed within the Regulations themselves, the Act provides for various enforcement mechanisms, including fines and other penalties for breaches of statutory obligations. The maximum penalties for breaches could include substantial fines and, in more severe cases, criminal charges. It is important for the ADFB and other affected entities to ensure full compliance to avoid these potential repercussions.