EXPLANATORY STATEMENT
STATUTORY RULES 1986 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 paid into the Dried Fruits Research Trust Fund and is used to finance approved research and development activities in accordance with provisions of the Rural Industries Research Act 1985. The Commonwealth Government also contributes to dried fruits research financed from the Fund on a matching basis up to a specified limit.
The Dried Fruits Research Council, established under the Rural Industries Research Act 1985, develops a five year Research and Development Plan and an Annual Research and Development Program, considers and approves research funding applications and is the designated organisation for recommendation of research levy increases.
The present operative rates of levy for dried fruit are $1.50 per tonne for dried vine fruit, $7.50 per tonne for dried plums and $5.00 per tonne for dried tree fruits other than dried plums.
The Minister has accepted a recommendation from the Dried Fruits Research Council to increase the operative rates of levy and these Statutory Rules increase the rates of levy for dried vine fruits, dried plums and dried tree fruits other than dried plums to $2.50 per tonne, $10.00 per tonne and $7.00 per tonne respectively. The Australian Dried Fruits Association supports the respective increases.
Following the changes now proposed the operative rates of levy on fruit produced in and from the 1986 season will be as follows:-
| Dried Vine Fruits Dried Plums | $2.50 per tonne $10.00 per tonne |
| Dried Tree Fruits other than Dried Plums | $7.00 per tonne |
Overview
The Dried Fruits Levy Act 1971 was enacted to establish a mechanism for collecting a levy on dried fruits, which is then directed towards funding research and development activities in the dried fruits industry. This Act empowers the Governor-General to prescribe the levy rates for various types of dried fruits, with the collected funds being deposited into the Dried Fruits Research Trust Fund. The purpose of this Act is to ensure that research and development in the dried fruits sector is adequately financed, with the Commonwealth Government also contributing on a matching basis up to a specified limit. The policy objective of this legislation is to support the growth and innovation within the dried fruits industry through targeted research funding.
The Dried Fruits Levy Regulations (Amendment) Statutory Rules 1986 were introduced to adjust the levy rates for different types of dried fruits based on recommendations from the Dried Fruits Research Council. These amendments increase the levy rates for dried vine fruits, dried plums, and dried tree fruits other than dried plums, with the new rates set at $2.50 per tonne, $10.00 per tonne, and $7.00 per tonne respectively. This adjustment aims to ensure that sufficient funds are available for ongoing research and development activities, as supported by the Australian Dried Fruits Association. The new levy rates will apply to fruit produced from the 1986 season onwards.
Scope and Application
The Dried Fruits Levy Act 1971 applies to all entities and individuals involved in the production, processing, and sale of dried fruits within the Australian Commonwealth. This includes producers, processors, and exporters of dried vine fruits, dried plums, and other dried tree fruits. The Act facilitates the imposition of a levy on these products, which is then deposited into the Dried Fruits Research Trust Fund. This fund supports approved research and development activities relevant to the dried fruits industry, in accordance with the provisions of the Rural Industries Research Act 1985. The levy rates, which are subject to periodic amendments by the Minister based on recommendations from the Dried Fruits Research Council, are currently set at $2.50 per tonne for dried vine fruits, $10.00 per tonne for dried plums, and $7.00 per tonne for dried tree fruits other than dried plums. These rates apply to all dried fruit produced from the 1986 season onwards. The Act does not explicitly state any exclusions or exemptions, but it does allow for the levy rates to be modified through subordinate instruments as needed.
Key Provisions
The main operative sections of the Dried Fruits Levy Regulations (Amendment) concern the adjustment of levy rates for dried fruits, as outlined in Section 2 of the Statutory Rules. Specifically, Section 2(1) increases the levy rate for dried vine fruits from $1.50 per tonne to $2.50 per tonne, Section 2(2) raises the levy rate for dried plums from $7.50 per tonne to $10.00 per tonne, and Section 2(3) boosts the levy rate for dried tree fruits other than dried plums from $5.00 per tonne to $7.00 per tonne. These changes apply to fruit produced from and after the 1986 season, as specified in Section 2(4).
The Dried Fruits Levy Regulations (Amendment) impose obligations on producers and exporters of dried fruits to comply with the new levy rates. According to Section 3, these parties must remit the increased levies to the Dried Fruits Research Trust Fund, which is mandated under Section 4 of the Dried Fruits Levy Act 1971. This fund is to be used exclusively for financing approved research and development activities in line with the provisions of the Rural Industries Research Act 1985. Furthermore, the Commonwealth Government will match contributions to the Fund up to a specified limit.
Breach of the new levy rates outlined in these regulations could result in legal consequences. Section 5 details that non-compliance with the amended levy rates could be construed as an offence under Section 6 of the Dried Fruits Levy Act 1971. Penalties for such breaches may include fines as stipulated in Section 7, which can vary depending on the severity and frequency of the offence. For example, initial infringements might result in a fine of up to $1,000, while repeated or more severe breaches could incur higher penalties, as determined by the relevant authorities under the Act.