EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 95
Issued by Authority of the Minister for Primary Industry
DRIED VINE FRUITS EQUALIZATION ACT 1978
DRIED VINE FRUITS EQUALIZATION REGULATIONS (AMENDMENT)
The dried vine fruits equalization scheme provides for the equalizing of unit returns from the domestic and export markets. However, since 1979 export returns have compared favourably with domestic returns with the consequence that the scheme has not so far been brought into operation.
When it became apparent that domestic returns for all varieties would exceed export returns in the 1982 season, regulations were made to facilitate the activation of the scheme.
The Dried Vine Fruits Equalization Levy Act 1978 imposes a levy upon certain dried vine fruits for the purposes of the equalization scheme. When operative, the levy applies only to fruit for consumption on the domestic market. The rate of levy for each kind of fruit is intended to equal the difference between the average unit returns expected from the domestic and export markets. These returns have been recently estimated by the Australian Dried Fruits Corporation for the 1982 season and the Minister for Primary Industry has accepted the Corporation’s estimates.
The Statutory Rules are therefore intended to fix the levy rates for currants, sultanas and raisins produced during the 1982 season, with the exception of tunnel dried fruit which has been exempted from levy by Statutory Rules 1982 No. 71.
Overview
The Dried Vine Fruits Equalization Regulations (Amendment) 1982, issued under the authority of the Minister for Primary Industry, are amendments to the Dried Vine Fruits Equalization Regulations 1978. These amendments were enacted to address the disparity between domestic and export returns for dried vine fruits, particularly as it became evident that domestic returns would exceed export returns in the 1982 season. This legislative action was taken to ensure the Dried Vine Fruits Equalization scheme could be activated to maintain a balance in the market. The primary objective of the scheme, as outlined in the Dried Vine Fruits Equalization Act 1978, is to equalize the unit returns from both domestic and export markets for dried vine fruits, thereby protecting producers from market fluctuations and ensuring fair compensation regardless of the market in which their produce is sold.
Scope and Application
The Dried Vine Fruits Equalization Regulations (Amendment) 1982, under the Dried Vine Fruits Equalization Act 1978, pertain to the equalisation of unit returns from domestic and export markets for currants, sultanas, and raisins, specifically for the 1982 season. The regulations apply to producers and processors of these dried vine fruits within Australia and are designed to impose a levy intended to bridge the gap between domestic and export market returns. Notably, tunnel dried fruit is excluded from the levy as per Statutory Rules 1982 No. 71. This legislative framework is enacted at the Commonwealth level, impacting entities involved in the production and processing of specified dried vine fruits. The regulations are intended to be activated in response to specific market conditions and thus do not apply in all circumstances, only when domestic returns exceed export returns, as was projected for the 1982 season.
Key Provisions
The Dried Vine Fruits Equalization Regulations (Amendment) 1982 (Section 3) outline the rates at which the equalization levy will be applied to certain dried vine fruits for the 1982 season. Specifically, the regulations establish the levy rates for currants, sultanas, and raisins, ensuring that the difference between domestic and export market returns is appropriately balanced. These levies are meant to be applied only to fruits intended for consumption on the domestic market, aiming to equalize the returns from both markets. It is important to note that tunnel dried fruits are exempted from this levy, as stipulated by another statutory rule.
Under the regulations, the primary obligation falls on the producers and handlers of the dried vine fruits. They are required to adhere to the specified levy rates, ensuring that the correct amount of levy is applied to their produce. This involves accurately calculating the returns expected from both domestic and export markets and applying the levy accordingly. The Australian Dried Fruits Corporation plays a pivotal role in this process, providing estimates of the returns that the Minister for Primary Industry uses to set the levy rates.
Breaches of the regulations could potentially lead to non-compliance with the Dried Vine Fruits Equalization Act 1978. While the specific consequences for such breaches are not detailed in the Explanatory Statement, it can be inferred that failure to apply the correct levy rates could result in financial penalties or other administrative actions. The precise penalties, however, would be governed by the main Act and any related legislative provisions. Producers and handlers must therefore ensure strict adherence to the regulations to avoid any legal repercussions.