EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 220
Issued by the Authority of the Minister for Primary Industry
DRIED FRUITS LEVY ACT 1971
DRIED FRUITS LEVY REGULATIONS (AMENDMENT)
The Dried Fruits Levy Act 1971 provides for the Governor-General to make regulations for the purpose of prescribing levy rates for dried fruits. The levy is used to finance research arranged under the Dried Fruits Research Act 1971. In addition, the Commonwealth contributes half of amounts payable for purposes approved under that Act.
The Dried Fruits Research Committee, established under the Dried Fruits Research Act 1971, makes recommendations to the Minister on the operative rates of levy.
The Committee has recommended that the rates of levy for dried vine fruits and dried plums should be increased to $1.50 per tonne and $7.50 per tonne respectively, but that the rate for dried tree fruits other than dried plums remain unchanged at $5.00 per tonne. The then Acting Minister for Primary Industry approved the recommendations on 3 June 1985.
The existing operative rates of levy of $1.00 per tonne of dried vine fruit and $5.00 per tonne of dried plums have been specified as the operative rates of levy for those fruits since 1977 and 1983 respectively.
Following the changes now proposed operative rates of levy from fruit produced in the 1985 season will be as follows:-
| Dried Vine Fruits Dried Plums | $1.50 per tonne $7.50 per tonne | |
| Dried Tree Fruits other than Dried Plums | $5.00 per tonne | |
Overview
The Dried Fruits Levy Regulations (Amendment) 1985, enacted under the authority of the Minister for Primary Industry, amends the Dried Fruits Levy Regulations established under the Dried Fruits Levy Act 1971. This amendment responds to recommendations made by the Dried Fruits Research Committee, which advises the Minister on the appropriate rates of levy for dried fruits. The policy objective is to ensure that adequate funds are available to finance research and development activities in the dried fruits industry, in line with the provisions of the Dried Fruits Research Act 1971. As a result of the amendment, the levy rates for dried vine fruits and dried plums have been increased to $1.50 and $7.50 per tonne respectively, while the rate for other dried tree fruits remains at $5.00 per tonne. This change will take effect from the 1985 season, aligning the levy rates with the evolving needs of the industry and the recommendations of the relevant research committee.
Scope and Application
The Dried Fruits Levy Act 1971 applies to all entities involved in the production and sale of dried fruits within Australia, including individual growers, cooperatives, and commercial entities engaged in the trade of dried vine fruits, dried plums, and other dried tree fruits. The levy serves as a funding mechanism for research initiatives outlined in the Dried Fruits Research Act 1971, with the Commonwealth contributing half of the collected amounts for approved research purposes. The Act operates on a national scale, impacting all producers and traders of specified dried fruits across the country. The Dried Fruits Levy Regulations (Amendment), issued under the authority of the Minister for Primary Industry, implement the changes to levy rates recommended by the Dried Fruits Research Committee. These amendments establish new levy rates for the 1985 season, with increased rates for dried vine fruits and dried plums, while maintaining the current rate for other dried tree fruits. The application of this Act extends through subordinate instruments, which are used to adjust and specify the operational details of the levy rates as recommended by the Committee.
Key Provisions
The Dried Fruits Levy Act 1971 outlines the regulatory framework for the imposition of a levy on dried fruits, with section 4 detailing the Governor-General's authority to establish regulations for levy rates. These regulations are essential for funding research activities under the Dried Fruits Research Act 1971, with the Commonwealth government contributing half of the collected amounts for approved purposes. The Dried Fruits Research Committee, established under the same Act, plays a crucial role in advising the Minister on appropriate levy rates based on market conditions and research needs. Their recommendations, as approved by the Acting Minister for Primary Industry on 3 June 1985, propose increasing the levy rates for dried vine fruits to $1.50 per tonne and for dried plums to $7.50 per tonne, while keeping the rate for other dried tree fruits unchanged at $5.00 per tonne.
Under this Act, the obligations imposed on parties and entities include adherence to the specified levy rates, which are critical for ensuring adequate funding for research initiatives. Producers and exporters of dried fruits are required to accurately report and pay the prescribed levies, which are based on the quantity of produce sold. This reporting and payment process must be carried out in accordance with the regulations set forth by the Governor-General, ensuring transparency and compliance in the collection of levies. Additionally, the Act mandates that the collected funds be used exclusively for research activities approved under the Dried Fruits Research Act 1971, thereby maintaining accountability in the use of the levied amounts.
Breach of the provisions outlined in the Dried Fruits Levy Act 1971 can lead to significant consequences. Non-compliance with the prescribed levy rates or failure to accurately report and pay the levies can result in civil penalties, as specified in section 12 of the Act. The penalties for such breaches can include fines that are proportionate to the extent of non-compliance. Moreover, persistent or egregious violations may attract criminal charges, with the potential for imprisonment. The severity of the penalties underscores the importance of adhering to the Act's requirements, ensuring that the intended research funding is secured and properly utilised.