Dried Fruits Levy Regulations (Amendment)

Overview

The Dried Fruits Levy Regulations (Amendment) 1994 No. 293 is an amendment to the Dried Fruits Levy Act 1971, introduced to address the need for an updated levy rate for dried tree fruits, including apricots, peaches, nectarines, and pears. Enacted by the authority of the Minister for Primary Industries and Energy, these regulations follow a recommendation by the Dried Fruits Research and Development Council, which was established under the Primary Industries and Energy Research and Development Act 1989. The policy objective of these regulations is to ensure that the industry's research and development activities are adequately funded through a levy on the industry's gross value of production, matched by the Commonwealth Government up to 0.5%. The amendments increase the levy rate for dried tree fruits to $21.00 per tonne from the 1994 season onwards, a change that has the support of the Australian Dried Fruits Association.

Scope and Application

The Dried Fruits Levy Regulations (Amendment) 1994 No. 293 applies to the dried fruits industry in Australia, specifically focusing on the dried tree fruits industry which includes apricots, peaches, nectarines, and pears. This Act is an amendment to the Dried Fruits Levy Act 1971 and pertains to the funding of research and development (R&D) activities for the dried fruits industry, which are administered nationally by the Dried Fruits Research and Development Council. The industry levy contributions, which are used to fund these activities, are raised under the Levy Act and are subject to the approval and recommendations of the Council. The amendment specifies that the levy rate for dried tree fruits is increased to $21.00 per tonne, a recommendation made by the Council and accepted by the Minister for Primary Industries and Energy. This change is effective from the 1994 season, although the levy for this season is not due until 30 November 1994. The amendment also notes that the increased rate has the support of the Australian Dried Fruits Association, representing the producers of dried tree fruits.

Key Provisions

The Dried Fruits Levy Regulations (Amendment) 1994 No. 293 amends the Dried Fruits Levy Regulations to increase the levy rate for dried tree fruits, such as apricots, peaches, nectarines, and pears, from the previous maximum of $17.00 per tonne to $21.00 per tonne, effective from the 1994 season. This amendment is made under the authority of the Minister for Primary Industries and Energy, following recommendations from the Dried Fruits Research and Development Council established under the Primary Industries and Energy Research and Development Act 1989 (section 8). This council oversees research and development activities for the dried fruits industry, and the proposed increase in levy rates has been supported by the Australian Dried Fruits Association, representing producers of dried tree fruits. Under the Dried Fruits Levy Act 1971 (the Levy Act), the primary obligations are to set and collect industry levies on specified kinds of dried fruits, with the funds used to support research and development projects approved by the Council. The Levy Act specifies that the levy for dried tree fruits shall not exceed $30 per tonne (subsection 6(1)), and it allows for the regulations to fix an amount per tonne as the levy rate for specified kinds of dried fruits, subject to the maximum rate (subsection 6(2)). The Governor-General must consider any recommendations made by the Council to the Minister for Primary Industries and Energy before setting these rates (subsection 6(3)). The Governor-General is empowered to make regulations for the purposes of setting these levy rates (section 8). In the event of a breach of the regulations, or non-compliance with the requirements to pay the set levy rates, the legislation does not specify particular offences or penalties. However, failure to adhere to the requirements could potentially result in civil or administrative consequences, as the provisions primarily focus on the administration and collection of levies to fund industry research and development. The specific consequences of non-compliance would depend on the interpretation and enforcement by relevant authorities under the broader legal framework governing levies and industry contributions in Australia.