Dried Fruits Levy Regulations (Amendment) 1995 No. 338
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 338
Issued by the Authority of the Minister for Primary Industries and Energy
Dried Fruits Levy Act 1971
Dried Fruits Levy Regulations (Amendment)
Section 8 of the Dried Fruits Levy Act 1971 (the Levy Act) provides that the Governor-General may make regulations for the purposes of section 6 of the Levy Act.
Research and Development (R&D) activities for the dried fruits industry are administered at the national level by the Dried Fruits Research and Development Council (the Council) which is established under the Primary Industries and Energy Research and Development Act 1989. The Council administers separate programs for the dried vine fruits industry (sultanas, raisins, currants), dried tree fruits industry (apricots, peaches, nectarines, pears) and the prune industry.
R&D projects approved by the Council are funded by industry levy contributions. Expenditure of this money on Council approved projects is matched by the Commonwealth Government on a dollar for dollar basis up to the value of 0.5% of the industry's gross value of production.
The industry levy contribution is raised under the Levy Act.
Subsection 6(1) of the Levy Act sets out the maximum levy rates which can apply to each specified kind of dried fruit. In this regard, it provides that the rate of levy for dried vine fruits shall not exceed $10.00 per tonne and the rate of levy for dried tree fruits shall not exceed $30.00 per tonne,
Subsection 6(2) of the Levy Act provides that the regulations may fix an amount per tonne as the levy rate for a specified kind of dried fruit subject to subsection 6(1).
Subsection 6(3) of the Levy Act provides that the Governor-General, before making any regulations for the purposes of subsection 6(2), shall consider any relevant recommendation made by the Council to the Minister in relation to the levy rate.
The Council has recommended to the Minister for Primary Industries and Energy that the rate of levy imposed on dried vine fruits be increased by 50 cents, from $8.50 to $9.00 per tonne, and the rate of levy imposed on dried tree fruits be increased by $2.00, from $25.00 to $27.00 per tonne. The increased rate is to apply from the 1996 season onwards. The 1996 season levy is not due for payment until 30 November 1996.
The Australian Dried Fruits Association, which is the industry organisation representing dried vine fruits and dried tree fruits producers, has been consulted and supports the increased rates of levy for its constituents.
The Minister for Primary Industries and Energy has accepted the Council's recommendations as to the increase in the rate of levy imposed on dried vine fruits and dried tree fruits. Accordingly, the statutory rules set the rate of levy on dried vine fruits at $9.00 and the rate of levy on dried tree fruits at $27.00 per tonne from 1 January 1996.
Overview
The Dried Fruits Levy Regulations (Amendment) 1995 No. 338, issued under the authority of the Minister for Primary Industries and Energy, amends the Dried Fruits Levy Act 1971 to adjust the rates of industry levies for dried fruits. This amendment follows recommendations from the Dried Fruits Research and Development Council, established under the Primary Industries and Energy Research and Development Act 1989, which administers research and development projects for the dried fruits industry. The levy rates are integral to funding these projects, with contributions from the industry matched by the Commonwealth Government. The policy objective is to support the industry's research and development efforts by ensuring adequate funding through adjusted levy rates. The amendment increases the levy for dried vine fruits by 50 cents, from $8.50 to $9.00 per tonne, and for dried tree fruits by $2.00, from $25.00 to $27.00 per tonne, effective from the 1996 season.
Scope and Application
The Dried Fruits Levy Regulations (Amendment) 1995 No. 338 applies to the dried fruits industry in Australia, specifically targeting entities involved in the production of dried vine fruits and dried tree fruits. This legislation amends the Dried Fruits Levy Regulations under the Dried Fruits Levy Act 1971 and is administered at the national level by the Dried Fruits Research and Development Council, which operates under the Primary Industries and Energy Research and Development Act 1989. The Council is responsible for managing separate programs for the dried vine fruits industry, the dried tree fruits industry, and the prune industry. The Act regulates the industry levy contributions used to fund research and development projects approved by the Council, with the expenditure matched by the Commonwealth Government up to a specified percentage of the industry's gross value of production. The amendments to the levy rates, as accepted by the Minister for Primary Industries and Energy, increase the levy on dried vine fruits by 50 cents per tonne to $9.00 and on dried tree fruits by $2.00 per tonne to $27.00, effective from the 1996 season.
Key Provisions
The Dried Fruits Levy Regulations (Amendment) 1995 No. 338 amends the existing Dried Fruits Levy Regulations by increasing the levy rates on dried vine fruits and dried tree fruits. Under section 8 of the Dried Fruits Levy Act 1971, the Governor-General has the authority to make regulations for the purposes of section 6, which pertains to levy rates. In this case, the amendment raises the levy rate for dried vine fruits from $8.50 to $9.00 per tonne and the rate for dried tree fruits from $25.00 to $27.00 per tonne, effective from the 1996 season. The Dried Fruits Research and Development Council, which oversees research and development activities for the dried fruits industry, recommended these increases to the Minister for Primary Industries and Energy. The Minister has accepted these recommendations and has authorised the amendment through statutory rules, which will come into effect on 1 January 1996.
These amendments impose new obligations on dried fruits producers to pay the increased levy rates starting from the 1996 season. The levy is a financial contribution to research and development activities for the dried fruits industry, with the funds matched by the Commonwealth Government. The increased levy rates aim to provide more resources for industry-specific research and development projects, which are overseen by the Council. Producers must ensure they are aware of the new rates and have their payment arrangements in place by the due date of 30 November 1996.
Failure to comply with the new levy rates may result in civil or criminal consequences, although the specific penalties are not detailed in the Explanatory Statement. Generally, under the Dried Fruits Levy Act 1971, non-compliance with levy requirements can lead to fines and potential legal action. The exact penalties for breach would depend on the provisions of the Act and any applicable regulations. The Dried Fruits Levy Regulations (Amendment) 1995 No. 338, however, does not specify the penalties for non-compliance with the new levy rates.