Canned Fruits Levy Regulations (Amendment)

Overview

The Canned Fruits Levy Regulations (Amendment) Statutory Rules 1986 No. 343, issued by the authority of the Minister for Primary Industry, amends the existing regulations under the Canned Fruits Levy Act 1979. This amendment was introduced to address the need for increased funding to meet the administrative and promotion expenses of the Australian Canned Fruits Corporation. The Corporation, established under the Canned Fruits Marketing Act 1979, recommends the operative rates of levy to the Minister, and in this instance, has recommended an increase in the levy rate for canned deciduous fruit to maintain an acceptable level of funds in its Administration Account. The policy objective of these regulations is to ensure that the Australian Canned Fruits Corporation has the necessary resources to effectively administer and promote canned fruit products. The Aboriginal and Torres Strait Islander Heritage Protection Regulations Statutory Rules 1986 No. 344, issued by the authority of the Minister of State for Aboriginal Affairs, were made under section 32 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. These regulations prescribe the form of identity cards for authorized officers appointed by the Minister to protect significant Aboriginal areas or objects from immediate threat of injury or desecration for a period not exceeding 48 hours. The regulations aim to provide a clear and consistent method for authorized officers to identify themselves and verify their authority when carrying out their duties under the Act.

Scope and Application

The Canned Fruits Levy Regulations (Amendment) Statutory Rules 1986 No. 343, issued under the authority of the Minister for Primary Industry, amend the existing rates for levies on canned deciduous fruit as outlined in the Canned Fruits Levy Act 1979. These regulations apply to all producers of canned deciduous fruit in Australia, aiming to fund the administrative and promotional expenses of the Australian Canned Fruits Corporation. The new rates, recommended by the Corporation and approved by the Minister, increase the levy to meet financial needs and are effective from 1 December 1986. The regulations specify new levy rates based on the gross weight of the containers, ranging from 17 cents per basic carton for containers weighing up to 150 grams to 8.5 cents per dozen containers plus additional charges for containers exceeding 900 grams. The authority for these amendments is derived from Section 10 of the Canned Fruits Levy Act 1979. The Aboriginal and Torres Strait Islander Heritage Protection Regulations Statutory Rules 1986 No. 344, issued under the authority of the Minister of State for Aboriginal Affairs, provide for the protection of significant Aboriginal and Torres Strait Islander areas and objects from immediate threats of injury or desecration. These regulations, made under Section 32 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, allow the Minister to appoint authorised officers for up to 48 hours. The regulations detail the form and content of the identity cards issued to these officers and specify the information to be provided if the card is not available. They are designed to ensure that authorised officers can effectively carry out their duties under sub-sections 17(2) and (3) of the Act by providing clear identification when interacting with individuals regarding heritage protection matters.

Key Provisions

The Canned Fruits Levy Act 1979 (section 10) empowers the Governor-General to make regulations that specify the levy rates for canned deciduous fruit. The Act allows for the Australian Canned Fruits Corporation to recommend changes to these rates, which are then approved by the relevant Minister. This legislation is crucial for maintaining the Corporation's Administration Account, ensuring that sufficient funds are available to cover administrative and promotional expenses. The latest amendment, effective from 1 December 1986, increases the levy rate to the equivalent of 17 cents per basic carton, up from the previous rate of 10 cents per basic carton. Under the amended regulations, the Canned Fruits Levy Act 1979 imposes specific obligations on the Australian Canned Fruits Corporation and the entities it governs. The Corporation must make recommendations to the Minister regarding the appropriate rate of levy, based on its financial needs and market conditions. The Minister, in turn, has the authority to approve these recommendations and issue new regulations. Entities producing canned deciduous fruit are required to adhere to the new levy rates as outlined in the amended regulations. Compliance involves calculating and paying the specified levy for each type of container, depending on its gross weight. Failure to comply with the provisions of the Canned Fruits Levy Act 1979 and its regulations can result in significant consequences. The Act provides for both civil and criminal penalties for non-compliance. Specifically, entities that fail to pay the correct levy may be subject to fines and other civil penalties as prescribed by the regulations. Additionally, if the non-compliance is deemed willful or repeated, it could lead to more severe criminal penalties, including imprisonment, as outlined under the relevant sections of the Act. The exact penalties are determined based on the severity and frequency of the breach.