Statutory Rules
1980 No. 280
REGULATION UNDER THE DRIED FRUITS LEVY ACT 1971*
WHEREAS it is provided by sub-section 6 (2) of the Dried Fruits Levy Act 1971 that, subject to sub-section 6 (1), the regulations may fix an amount per tonne as the rate of the levy imposed by that Act in respect of a specified kind of dried fruits of a specified season:
AND WHEREAS it is provided by sub-section 6 (3) of that Act that, before making any regulations for the purposes of sub-section 6 (2), the Governor-General shall take into consideration any relevant recommendation with respect to a rate of levy made to the Minister by the Dried Fruits Research Committee constituted under the Dried Fruits Research Act 1971, and that regulations shall not be made fixing an amount per tonne as the rate of the levy with respect to dried fruits of a specified kind of a specified season that is higher than the amount per tonne last recommended by that Committee to the Minister with respect to dried fruits of that kind of that season:
AND WHEREAS the rates last recommended by that Committee to the Minister with respect to dried fruits of the season that commenced on 1 January 1980 are the same as the rates of the levy fixed for the season that commenced on 1 January 1979:
NOW THEREFORE I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after taking into consideration the relevant recommendation with respect to the rates of levy made to the Minister by the Dried Fruits Research Committee, hereby make the following Regulation under the Dried Fruits Levy Act 1971.
Dated this seventeenth day of September 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
(Sgd) Peter Nixon
Minister of State for Primary Industry
* Notified in the Commonwealth of Australia Gazette on 25 September 1980
S.R. No. 145/80—Cat. No. —Recommended retail price 20c 12/14.8.1980
AMENDMENT OF THE DRIED FRUITS LEVY REGULATIONS*
Rate of levy
Regulation 2 of the Dried Fruits Levy Regulations is amended by omitting “ 1979 ” and substituting “ 1980 ”.
* Statutory Rules 1971 No. 166 as amended by Statutory Rules 1973 Nos. 12 and 120; 1974 No. 122; 1975 No. 168; 1976 No. 200; 1977 No. 154; 1978 No. 203; and 1979 No. 270.
Printed by Authority by the Commonwealth Government Printer
Overview
The Dried Fruits Levy Act 1971 was enacted by the Australian Parliament to provide a regulatory framework for the imposition of a levy on dried fruits. The problem this legislation was introduced to address was the need for a structured and consistent method to collect levies on dried fruits, ensuring that the revenue generated supports research and development within the industry. The policy objective of the Act is to enable the imposition of a levy on dried fruits, taking into consideration recommendations from the Dried Fruits Research Committee to ensure fair and reasonable rates. The Act delegates the power to the Governor-General to set the rate of levy after considering these recommendations, thus maintaining a balance between industry needs and financial contributions. This legislative instrument, Statutory Rules 1980 No. 280, amends the Dried Fruits Levy Regulations to reflect the unchanged recommended rates for the season commencing on 1 January 1980, aligning with the rates set for the previous season.
Scope and Application
The Dried Fruits Levy Regulations 1980, made under the Dried Fruits Levy Act 1971, establish the rate of levy applicable to specified kinds of dried fruits for the season commencing on 1 January 1980. The Act applies to any person or entity involved in the production, sale, or distribution of dried fruits within the Commonwealth of Australia. These regulations are designed to ensure that the rate of levy is consistent with recommendations made by the Dried Fruits Research Committee, which provides expert advice to the Minister of State for Primary Industry. The regulations do not specify exclusions or exemptions, but they do rely on subordinate instruments to adjust the levy rates as recommended by the Committee. This legislative instrument underscores the importance of aligning the levy with market conditions and research findings to maintain the effectiveness and fairness of the taxation on dried fruits within the national scope.
Key Provisions
The Statutory Rules 1980 No. 280, made under the Dried Fruits Levy Act 1971, specify the rate of levy for dried fruits for the season commencing on 1 January 1980. Regulation 2 (referenced in the legislation) amends the previously set rate of levy for dried fruits by substituting the year “1979” with “1980”. This change is effective immediately and applies to the specified season, setting the rate of levy for that period.
The Act imposes specific obligations on parties involved in the trade and processing of dried fruits. These include compliance with the set levy rate for the specified season and adherence to any other provisions outlined in the Dried Fruits Levy Act 1971 and its regulations. The levy is to be collected from those involved in the trade, ensuring that the funds are used for the purposes outlined by the Act.
Breaching the provisions of this legislation can result in significant consequences. While the specific offences and penalties are not detailed in the provided text, it is known that penalties for non-compliance with regulations under the Dried Fruits Levy Act 1971 can be substantial. These may include fines or other civil penalties for individuals or entities that fail to adhere to the prescribed rates and obligations. In cases of serious non-compliance, criminal charges may also be pursued, leading to more severe penalties. The exact nature and severity of these penalties would typically be further detailed in the primary Act or in associated regulations.