Dried Fruits Levy Regulations (Amendment)

Overview

The Dried Fruits Levy Regulations (Amendment) 1991, issued under the authority of the Minister for Resources, amends the Dried Fruits Levy Act 1971 to adjust the levy rates for dried fruits for the 1991 season. The Act was originally enacted to impose a levy on dried fruits received for packing, with the aim of raising funds for research and development within the dried fruits industry. The policy objective behind these amendments is to incrementally increase the industry's contribution to research up to 0.5 per cent of its gross value of production by 1992, in line with recommendations from the Dried Fruits Research Council. The Commonwealth Government's support for these amendments is contingent on matching industry contributions up to the specified percentage of the industry's gross value of production. This legislative amendment reflects the ongoing commitment to bolster research funding within the dried fruits sector, with the Australian Dried Fruits Association endorsing the proposed levy rates.

Scope and Application

The Dried Fruits Levy Act 1971 applies to the imposition of a levy on dried fruits of a season received for packing, specifically targeting dried vine fruits and dried tree fruits. The levy is set at a maximum rate of $10.00 per tonne for dried vine fruits and $30.00 per tonne for dried tree fruits, with the exact rate within these limits being determined by regulations made under the Act. These regulations can be amended by the Governor-General, who must consider recommendations from the Dried Fruits Research Council before making any changes. The Act extends across the Commonwealth of Australia, affecting entities involved in the production and packing of dried fruits within its jurisdiction. The levy is designed to increase industry contributions to research, with the Commonwealth matching industry contributions up to a specified limit, and the Act is part of a three-year program to incrementally raise these contributions. Exclusions or exemptions from the levy are not specified in the provided text, and the Act's application can be further detailed through subordinate instruments made by the Governor-General.

Key Provisions

The Dried Fruits Levy Act 1971 sets out the framework for the imposition of a levy on dried fruits for packing. Specifically, Section 5 of the Act imposes a levy on dried fruits of a season received for packing. Section 6 then stipulates the rate of the levy, which shall not exceed $10.00 per tonne for dried vine fruits and $30.00 per tonne for dried tree fruits (subsection 6(1)). The regulations may determine a specific rate of levy per tonne for particular kinds of dried fruits, subject to the constraints set out in subsection 6(1) (subsection 6(2)). Before making such regulations, the Governor-General must consider any relevant recommendations made by the Dried Fruits Research Council regarding the rate of levy (subsection 6(3)). The obligations under the Act involve the Governor-General considering recommendations from the Dried Fruits Research Council before setting the rate of levy, as per Section 6(3). The Council, in consultation with the Australian Dried Fruits Association, which represents dried fruit producers, makes these recommendations based on the industry’s need to contribute to research expenditure. The Minister for Primary Industries and Energy then has the authority to accept these recommendations and enact them through statutory regulations, as seen in the 1991 amendment where the levy rates were set at $7.40, $13.00, and $17.00 for dried vine fruits, dried plums, and other dried tree fruits, respectively. There are potential consequences for non-compliance with the Act. While the Act does not explicitly detail offences or penalties for breach, the framework implies that failure to adhere to the prescribed levy rates could result in legal ramifications. Such breaches might lead to enforcement actions by relevant authorities, including fines or other civil or criminal penalties as may be determined under other applicable legislation. The exact nature and extent of penalties would depend on the specific circumstances of the breach and the relevant legal provisions in place at the time of the offence.