Dried Fruits Levy Regulations (Amendment) 1995 No. 72
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 72
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 GovernorGeneral, 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 $1.10, from $7.40 to $8.50 per tonne, and the rate of levy imposed on dried tree fruits be increased by $4.00, from $21.00 to $25.00 per tonne. The increased rate is to apply from the 1995 season onwards. The 1995 season levy is not due for payment until 30 November 1995.
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 $8.50 and the rate of levy on dried tree fruits at $25.00 per tonne.
Overview
The Dried Fruits Levy Regulations (Amendment) 1995 No. 72, issued by the Authority of the Minister for Primary Industries and Energy, are amendments to the Dried Fruits Levy Act 1971. This legislation addresses the need to adjust the levy rates for dried fruits in order to fund research and development activities within the industry. The Dried Fruits Research and Development Council, established under the Primary Industries and Energy Research and Development Act 1989, administers these activities and has recommended increases in the levy rates for dried vine fruits and dried tree fruits, which have been accepted by the Minister. These amendments aim to increase the levy rate for dried vine fruits from $7.40 to $8.50 per tonne, and for dried tree fruits from $21.00 to $25.00 per tonne, effective from the 1995 season. This change is intended to better support industry-specific research and development initiatives as per the Council's recommendations and the support of the Australian Dried Fruits Association.
Scope and Application
The Dried Fruits Levy Regulations (Amendment) 1995 No. 72 applies to the dried fruits industry in Australia, specifically targeting the levy rates for dried vine fruits and dried tree fruits. The regulation governs the maximum levy rates under the Dried Fruits Levy Act 1971, providing that the rate of levy for dried vine fruits is set at $8.50 per tonne and for dried tree fruits at $25.00 per tonne. These rates are applicable from the 1995 season onwards. The regulation is made under the authority of the Minister for Primary Industries and Energy, who has considered and accepted the recommendations of the Dried Fruits Research and Development Council regarding the increased levy rates. This amendment is part of a broader scheme where industry levy contributions are used to fund research and development projects, with the Commonwealth Government matching these contributions dollar-for-dollar up to a specified limit. The increased levy rates have been supported by the Australian Dried Fruits Association, representing producers of dried vine fruits and dried tree fruits.
Key Provisions
The Dried Fruits Levy Regulations (Amendment) 1995 No. 72 primarily amend the existing levy rates for dried vine fruits and dried tree fruits under the Dried Fruits Levy Act 1971. Section 8 of the Act allows the Governor-General to make regulations regarding the levy rates for dried fruits, subject to the maximum rates specified in the Act. Specifically, this amendment adjusts the levy rates for dried vine fruits and dried tree fruits as recommended by the Dried Fruits Research and Development Council (s. 8). The new levy rates are set at $8.50 per tonne for dried vine fruits and $25.00 per tonne for dried tree fruits, effective from the 1995 season.
The obligations imposed by these regulations on the parties governed by them are primarily related to compliance with the new levy rates. Producers of dried vine fruits and dried tree fruits must ensure that their contributions to the industry levy are calculated at the new rates specified in the regulations. The Dried Fruits Research and Development Council is also tasked with administering the levy and ensuring that the funds raised are appropriately allocated to approved research and development projects. Additionally, the Australian Dried Fruits Association, representing the producers, must communicate these changes to its members and facilitate compliance with the new rates.
Breaching the provisions of the Dried Fruits Levy Regulations (Amendment) 1995 No. 72 can result in various civil or criminal consequences. While the regulations themselves do not specify particular penalties for non-compliance, breaches of the Dried Fruits Levy Act 1971 can attract penalties under other sections of the Act or related legislation. Generally, failure to pay the correct levy amount or non-compliance with the regulations can lead to financial penalties, legal action, or other administrative consequences. The exact penalties would depend on the specific provisions of the Levy Act and any other relevant legislation.