Australian Horticultural Corporation (Dried Fruits Export Control) Regulations (Amendment) 1992 No. 377
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 377
Issued by the Authority of the Minister for Primary Industries and Energy
Australian Horticultural Corporation Act 1987
Australian Horticultural Corporation (Dried Fruits Export Control) Regulations (Amendment)
The Australian Horticultural Corporation (AHC) carries out marketing and promotion activities for the apple, pear, citrus, nursery products, nashi, macadamia nut, avocado and chestnut industries in both domestic and export markets. The Act also provides for semi-autonomous product boards if that is an industry's preference, but so far only the dried fruits' industry has chosen this option. The Australian Dried Fruits Board (ADFB) is such a product board but can only carry out export marketing and promotion of dried vine fruit. Domestic marketing and promotion of dried vine fruit are a matter for the peak industry body and associated packers.
Under section 117 of the Act, the AHC presently controls the export of horticultural products of certain of its member industries under the Australian Horticultural Corporation (Export Control) Regulations (SR 1990 No 422) made on 27 June 1991.
The ADFB on 1 July 1991 replaced the now-defunct Australian Dried Fruits Corporation (ADFC). The Australian Horticultural Corporation (Dried Fruits Export Control) Regulations which were made on 27 June 1991 provide the ADFB with essentially the same export control powers as were administered by the former ADFC.
These powers include the ability to recommend on the granting of licences; to set quota allocations for exporters and export markets; to set quality standards and minimum prices; and to approve overseas agents.
The Regulations provide the ADFB with essentially the same export control powers as those provided in the now defunct regulations formerly administered by the ADFC. These include the ability to recommend on the granting of licences; to set quota allocations for exporters and export markets; to set quality standards and minimum prices; and to approve overseas agents.
The export controls for dried fruit are the overall responsibility of the parent AHC. The AHC grants the licences to export, while the ADFB administers the controls. The AHC, in issuing a licence, must take into account a number of criteria set out in the Regulations. Licences, so granted, are valid for a maximum period of three years, after which exporters must reapply. To export, licensees require a certificate of authority from the ADFB, and must comply with conditions and restrictions as determined by the ADFB.
Decisions of the AHC in regard to the issue, cancellation or suspension of licences and decisions by the ADFB in regard to the granting and revoking of certificates to export are appellable to the Administrative Appeals Tribunal.
These proposed Regulations correct drafting errors in the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations, Statutory Rules 1991 No. 199. Some errors were identified by the Senate Standing Committee on Regulations and Ordinances. Other errors, dealing with transitional arrangements and the Schedule attached to the Regulations, were identified by the Attorney General's Department.
In practice these amendments will not have any effect on the administration of the Regulations, but only serve to correct the original drafting inconsistencies.
Details of the proposed regulations are at Attachment A.
The proposed regulations would commence on gazettal.
ATTACHMENT A
DETAILS OF THE AUSTRALIAN HORTICULTURAL CORPORATION (DRIED FRUITS EXPORT CONTROL) REGULATIONS (AMENDMENT)
Regulation 1 gives the full name of the Regulation being amended.
Regulation 2 amends the inconsistencies in Regulation 14 which deals with applications for review made to the Administrative Appeals Tribunal.
Regulation 3 amends the inconsistencies in Regulation 17 which is concerned with transitional arrangements for the continuity of licences formerly granted under the Dried Fruits Export Control (Licences) Regulations for the full term specified in that licence.
Regulation 4 amends references in the Schedule to parts of the Regulation about the required information in completing the Schedule.
Overview
The Australian Horticultural Corporation (Dried Fruits Export Control) Regulations (Amendment) 1992 were enacted to address drafting errors in the original Australian Horticultural Corporation (Dried Fruits Export Control) Regulations, Statutory Rules 1991 No. 199. These amendments, issued under the authority of the Minister for Primary Industries and Energy, aim to correct inconsistencies identified by the Senate Standing Committee on Regulations and Ordinances as well as the Attorney General's Department. The Australian Horticultural Corporation Act 1987 established the AHC to oversee marketing and promotion activities for various horticultural industries, with the Australian Dried Fruits Board acting as a product board specifically for dried vine fruit exports. The policy objective of these amendments is to ensure the Regulations are correctly drafted without affecting the practical administration of the export controls for dried fruits.
Scope and Application
The Australian Horticultural Corporation (Dried Fruits Export Control) Regulations (Amendment) 1992 No. 377, issued under the authority of the Minister for Primary Industries and Energy, amends the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations 1991. These regulations apply to the Australian Horticultural Corporation (AHC) and its subsidiary, the Australian Dried Fruits Board (ADFB), which manage the export control of dried vine fruit from Australia. The ADFB, established to replace the Australian Dried Fruits Corporation (ADFC), holds powers similar to those of its predecessor, including the ability to recommend licence grants, set quota allocations, establish quality standards, and approve overseas agents. The amendments rectify drafting errors identified by the Senate Standing Committee on Regulations and Ordinances and the Attorney General's Department, ensuring consistency without altering the practical administration of the regulations. The changes, particularly in Regulation 14 concerning Administrative Appeals Tribunal reviews and Regulation 17 regarding transitional arrangements for licence continuity, are designed to correct inconsistencies without impacting the operational framework. These amendments will take effect upon gazettal, maintaining the integrity of the export control mechanisms for dried vine fruit.
Key Provisions
The Australian Horticultural Corporation (Dried Fruits Export Control) Regulations (Amendment) 1992 No. 377 are designed to correct certain drafting errors in the existing regulations, ensuring clarity and consistency in the legal framework governing dried fruits export control. Regulation 1 identifies the specific regulation being amended. Regulation 2 rectifies inconsistencies in Regulation 14, which pertains to applications for review made to the Administrative Appeals Tribunal. Regulation 3 addresses errors in Regulation 17, focusing on transitional arrangements for the continuity of licences that were previously granted under the Dried Fruits Export Control (Licences) Regulations for their full term. Regulation 4 corrects references in the Schedule, specifically those parts of the regulation that outline the required information for completing the Schedule.
Under these regulations, the Australian Horticultural Corporation (AHC) is tasked with overseeing the export of dried fruits, while the Australian Dried Fruits Board (ADFB) administers the export controls. The AHC is responsible for granting export licences, a process that requires consideration of specific criteria outlined in the regulations. These licences are valid for a maximum of three years, after which exporters must reapply. To export, licensees need a certificate of authority from the ADFB and must adhere to the conditions and restrictions set by the ADFB. Decisions by the AHC regarding the issuance, cancellation, or suspension of licences, as well as decisions by the ADFB regarding the granting and revoking of export certificates, are subject to appeal to the Administrative Appeals Tribunal.
The regulations impose obligations on parties involved in the export of dried fruits. Exporters must apply for and maintain valid export licences issued by the AHC. They must also obtain a certificate of authority from the ADFB, ensuring compliance with set quality standards and minimum prices. The ADFB has the authority to recommend the granting of licences, set quota allocations, and approve overseas agents, thereby controlling the volume and quality of exported dried fruits. Additionally, exporters must ensure that their operations comply with any conditions and restrictions imposed by the ADFB.
Failure to comply with these regulations can result in several consequences. The AHC and ADFB have the authority to cancel or suspend export licences if exporters do not adhere to the stipulated conditions. Additionally, the revocation of a certificate of authority by the ADFB can prevent an exporter from legally exporting dried fruits. Decisions regarding the issuance or cancellation of licences and certificates can be appealed to the Administrative Appeals Tribunal. While the specific penalties are not detailed in the explanatory statement, breaches of export controls and regulations typically involve administrative actions, including fines, suspension of operations, and potential legal proceedings.