Dried Fruits Research and Development Regulations

Legislation au C2004L00377 Regulations Not in force Legislative Instrument

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Dried Fruits Research and Development Regulations

Statutory Rules 1991 No. 331 as amended

made under the

Primary Industries and Energy Research and Development Act 1989

This compilation was prepared on 1 July 2001

[Note:  This Statutory Rule was repealed by SR 2001 No. 150]

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Citation [see Note 1] 

 2 Commencement 

 3 Interpretation 

 4 Dried Fruits Research and Development Council 

 5 Dried Fruits Research and Development Fund 

 6 Levy attached to Dried Fruits Research and Development Fund             

 7 Gross value of production of dried fruits 

Notes 

 

 

 

 

1 Citation [see Note 1]

  These Regulations may be cited as the Dried Fruits Research and Development Regulations.

2 Commencement

  These Regulations commence on 1 January 1992.

3 Interpretation

  In these Regulations, unless the contrary intention appears:

Act means the Primary Industries and Energy Research and Development Act 1989.

dried fruits mean dried apricots, dried currants, dried nectarines, dried peaches, dried pears, dried plums, dried raisins or dried sultanas.

dried fruit industry means the industry in Australia concerned with production, processing, distribution and sale, including sale overseas, of dried fruits.

levy means the levy imposed by section 5 of the Dried Fruits Levy Act 1971.

R & D Council means the Dried Fruits Research and Development Council established under regulation 4.

4 Dried Fruits Research and Development Council

  For the purposes of section 92 of the Act, the Dried Fruits Research and Development Council, is declared to be established in respect of the dried fruit industry.

5 Dried Fruits Research and Development Fund

  The Research and Development Fund established under section 107 of the Act in respect of the R & D Council is to be known as the Dried Fruits Research and Development Fund.

6 Levy attached to Dried Fruits Research and Development Fund

 (1) For the purposes of subsection 5 (1) of the Act, the levy is declared to be attached to the Dried Fruits Research and Development Fund.

 (2) For the purposes of paragraph 5 (3) (a) of the Act, the whole levy is declared to be the research component of the levy.

 (3) For the purposes of paragraph 5 (3) (b) of the Act, the levy relates to the dried fruit industry.

7 Gross value of production of dried fruits

 (1) Under subsection 110 (2) of the Act, the Minister is to determine the gross value of the production of dried fruits for a financial year in accordance with the formula:


gross value of
              dried fruits          =
production in the year

estimated value of
        dried fruits to be      +
produced in the year

value of dried fruits production in the 2 financial years immediately before the year

 

3

 (2) A reference to the value of dried fruits produced or to be produced in a financial year is a reference to the figures supplied by the Australian Bureau of Agricultural and Resource Economics that show:

 (a) the gross value of dried fruits produced; or

 (b) the estimated gross value of dried fruits to be produced;

  by the dried fruit industry in that financial year.

Notes to the Dried Fruits Research and Development Regulations

Note 1

The Dried Fruits Research and Development Regulations (in force under the Primary Industries and Energy Research and Development Act 1989) as shown in this compilation comprise Statutory Rules 1991 No. 331 amended as indicated in the tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Statutory Rules

Year and
number

Date of
notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1991 No. 331

29 October 1991

1 Jan 1992

 

2001 No. 150

29 June 2001

1 July 2001

Rr. 4 and 5

Table A Application, saving or transitional provisions

Statutory Rules 2001 No. 150

4 Transitional provision — amounts to be paid to industry services body

 (1) In this regulation:

Fund means the Dried Fruit Research and Development Fund mentioned in regulation 5 of the Dried Fruits Research and Development Regulations.

industry services body has the meaning given in the Horticulture Marketing and Research and Development Services Act 2000.

levy means levy imposed on dried fruit, and attached to the Fund under subsection 5 (1) of the PIERD Act, before 1 July 2001.

PIERD Act means the Primary Industries and Energy Research and Development Act 1989.

 (2) The following amounts must be paid to the industry services body:

 (a) the amounts of levy not collected before 1 July 2001;

 (b) the amounts of levy collected but not paid into the Fund before 1 July 2001;

 (c) the amounts of levy collected and paid into the Fund before 1 July 2001 (and not expended in accordance with section 112 of the PIERD Act);

 (d) the amounts of penalty for non-payment of the levy mentioned in paragraph (a), (b) or (c);

 (e) the amounts paid into the Fund under paragraph 108 (1) (b) of the PIERD Act before 1 July 2001 (and not expended in accordance with section 112 of the PIERD Act).

5 Final annual report of the Dried Fruit Research and Development Council

  Despite regulation 3, the Dried Fruits Research and Development Council:

 (a) continues in existence for the purpose of preparing and giving to the Minister its annual report for the financial year ending on 30 June 2001, in accordance with section 105 of the PIERD Act; and

 (b) ceases to exist after the report is given.

 

Overview

The Dried Fruits Research and Development Regulations 1991, made under the Primary Industries and Energy Research and Development Act 1989, were enacted to address the need for research and development funding specific to the dried fruit industry in Australia. These regulations establish the Dried Fruits Research and Development Council and Fund, ensuring targeted investment in research initiatives that benefit the production, processing, distribution, and sale of dried fruits. The regulations also declare the levy imposed under the Dried Fruits Levy Act 1971 as being attached to the Dried Fruits Research and Development Fund and outline the method for determining the gross value of dried fruit production. These Regulations, initially commencing on 1 January 1992, were repealed by the Statutory Rules 2001 No. 150, which took effect on 1 July 2001. The policy objective of these Regulations is to foster innovation and improvement within the dried fruit industry through dedicated research and development funding.

Scope and Application

The Dried Fruits Research and Development Regulations, made under the Primary Industries and Energy Research and Development Act 1989, apply to the dried fruit industry in Australia, encompassing all activities related to the production, processing, distribution, and sale of dried fruits such as apricots, currants, nectarines, peaches, pears, plums, raisins, and sultanas. These regulations establish the Dried Fruits Research and Development Council and Fund, and declare that a levy imposed by the Dried Fruits Levy Act 1971 is attached to the Dried Fruits Research and Development Fund. The Minister is required to determine the gross value of dried fruits production for a financial year based on figures from the Australian Bureau of Agricultural and Resource Economics. The regulations were repealed by Statutory Rules 2001 No. 150, which include transitional provisions for the payment of certain amounts to an industry services body and the preparation of a final annual report by the Dried Fruits Research and Development Council.

Key Provisions

The Dried Fruits Research and Development Regulations, made under the Primary Industries and Energy Research and Development Act 1989, establish the framework for research and development activities in the dried fruit industry. Regulation 4 declares the establishment of the Dried Fruits Research and Development Council, which is tasked with overseeing the research and development efforts within the industry (reg. 4). The Research and Development Fund, established under regulation 5, is designated as the Dried Fruits Research and Development Fund. This fund is to be supported by a levy, which is attached to the fund as per regulation 6. The levy is deemed the research component of the levy and pertains specifically to the dried fruit industry. Regulation 7 outlines the method by which the Minister is to determine the gross value of the production of dried fruits for a financial year. This determination is based on a formula that incorporates the production figures and estimated values of dried fruits as reported by the Australian Bureau of Agricultural and Resource Economics. The Dried Fruits Research and Development Regulations impose several obligations on the parties and entities they govern. The Dried Fruits Research and Development Council is tasked with managing the Research and Development Fund and ensuring that funds are used appropriately for research and development activities in the dried fruit industry. Producers of dried fruits are required to pay a levy, which is attached to the Research and Development Fund. This levy is a critical source of funding for research and development initiatives within the industry. The Council is also responsible for preparing an annual report on the use of funds and progress in research and development activities, to be submitted to the Minister. Breaches of the Dried Fruits Research and Development Regulations may result in both civil and criminal consequences. While the specific offences and penalties are not detailed in the provided excerpt, under the Primary Industries and Energy Research and Development Act 1989, non-compliance with the regulations could lead to fines and other penalties as prescribed by the Act. For instance, failure to pay the required levy could be subject to financial penalties. Additionally, any mismanagement of the Research and Development Fund or misuse of funds could result in further sanctions, including potential legal action against the responsible parties. The exact penalties would be determined in accordance with the broader legislative framework provided by the Primary Industries and Energy Research and Development Act 1989.

Legal classification tags

Area of Law
Primary Industry Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Levy attached to Dried Fruits Research and Development Fund
Reporting & Disclosure Obligations
Catchwords
levy

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.