EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 64
ISSUED BY THE AUTHORITY OF THE TREASURER
This regulation reduces the rate of Canning-Fruit charge from 50 cents per tonne to 0.005 cents per tonne.
The Canning-Fruit Charge Act 1959 imposes a charge at the rate of $1 per tonne, or such lower rate as may be prescribed by regulation, on apricots, peaches and pears delivered to and accepted at canneries for use in the production of canned fruit.
By Statutory Rule No. 8 of 1980, which was gazetted on 1 February 1980, and is still in force, the rate of charge was reduced to 50 cents per tonne for fruit delivered to, and accepted at, canneries on or after 1 December 1979.
The proceeds of the charge are used for the purpose of the Australian Canned Fruit Sales Promotion Committee, a statutory body established under the Canned Fruit (Sales Promotion) Act 1959 with authority to promote the sale of canned fruit in Australia and/or overseas. The charge has been imposed at the prescribed rate of 50 cents per tonne for the last two seasons.
With effect from 1 January 1982, the Australian Canned Fruits Corporation is to assume the promotional functions of the Committee in Australia and overseas. That Corporation was established under the Canned Fruits Marketing Act 1979 and is to be funded by a levy imposed under the Canned Fruits Levy Act 1979 on canned fruit produced in a factory in Australia during a season.
This nominal rate is in anticipation of the abolition of the Sales Promotion Committee and the resultant elimination for the need for funding that Committee. This nominal rate has the support of the Australian Canning Fruit-growers’ Association which represents the interests of the majority of the growers in the payment of the charge.
Deliveries for the 1981-82 canning season commenced in December 1981 and the new rate of 0.005 cents per tonne will apply to fruit delivered to and accepted at canneries on and after 1 December 1981. The imposition of the nominal rate on and after this date will mean that, effectively, the charge will be abolished in relation to the 1981-82 fruit canning season.
Overview
The Canning-Fruit Charge Act 1959 was enacted to impose a charge on apricots, peaches, and pears delivered to canneries for the purpose of canned fruit production, with the proceeds intended for the Australian Canned Fruit Sales Promotion Committee. The Act was introduced to address the need for funding to promote the sale of canned fruit in Australia and overseas. The Act was authorised by the Parliament of Australia. Over time, the rate of the charge was adjusted; however, in 1982, the rate was further reduced by statutory rule to 0.005 cents per tonne to reflect the assumption of promotional functions by the Australian Canned Fruits Corporation, which is funded by a separate levy. This change was supported by the Australian Canning Fruit-growers’ Association, and it effectively abolished the charge for the 1981-82 canning season.
Scope and Application
The Canning-Fruit Charge Act 1959, as amended by Statutory Rules 1982 No. 64, imposes a charge on apricots, peaches, and pears delivered to canneries for the production of canned fruit, with the proceeds allocated to the Australian Canned Fruit Sales Promotion Committee. Initially set at $1 per tonne, the charge was reduced to 50 cents per tonne by Statutory Rule No. 8 of 1980, effective from 1 December 1979. With the forthcoming assumption of promotional functions by the Australian Canned Fruits Corporation under the Canned Fruits Marketing Act 1979, the charge is further reduced to a nominal rate of 0.005 cents per tonne from 1 January 1982, effectively abolishing the charge for the 1981-82 fruit canning season. This adjustment has the backing of the Australian Canning Fruit-growers’ Association, reflecting the interests of the majority of growers. The Act applies to canneries accepting deliveries of specified fruits and is governed at the Commonwealth level, extending its reach across Australia where such canneries operate.
Key Provisions
The key sections of the Statutory Rule 1982 No. 64 (C2004L04090) primarily address the modification of the rate for the Canning-Fruit charge as outlined in the Canning-Fruit Charge Act 1959. Section 3 of this rule reduces the charge from 50 cents per tonne to 0.005 cents per tonne, effective from 1 January 1982. This change applies to apricots, peaches, and pears delivered to canneries for the production of canned fruit. The rule maintains the statutory framework but alters the financial burden on producers, aligning with the broader shift in promotional activities from the Australian Canned Fruit Sales Promotion Committee to the Australian Canned Fruits Corporation.
The obligations imposed by this legislation on the parties involved, particularly fruit growers and canneries, are relatively straightforward. Growers must now comply with the new charge rate when delivering fruit to canneries. Canneries, in turn, are required to calculate and remit the adjusted charge to the relevant authorities. This transition is expected to be seamless, given that the new rate of 0.005 cents per tonne effectively nullifies the charge, thus simplifying the compliance process for both growers and canneries.
In terms of consequences for non-compliance, the statutory rules do not explicitly detail offences, penalties, or specific consequences for breaches of the new charge rate. However, given the nominal rate and the broader context of the legislative changes, it is reasonable to infer that any failure to adhere to the new requirements could lead to administrative actions. These may include fines or other penalties as prescribed under the overarching acts that govern the canning industry in Australia. The exact penalties would likely be detailed in the primary acts and any relevant administrative regulations.