Dried Vine Fruits Equalisation Regulations (Amendment) 1991 No. 236
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 236
Issued by the Authority of the Minister of State for Primary Industries and Energy
DRIED VINE FRUITS EQUALISATION ACT 1978
DRIED VINE FRUITS EQUALISATION REGULATIONS (AMENDMENT)
Section 32 of the Dried Vine Fruits Equalisation Act 1978 (the Act) empowers the Governor-General to make regulations for the purposes of the Act, including providing for the manner of payment of levy by packers of dried fruit.
Section 10 provides for the time of payment of levy for dried fruit produced in a season. A season is the 12 month period ending in December each year. For fruit which has ceased to be in the custody of a packer before the expiration of a prescribed period for a season, levy must be paid within one month and 14 days after the month in which it left the packer's custody. For dried fruit remaining in a packer's custody after the end of the prescribed period, levy becomes due and payable within 14 days after the end of the period. The prescribed period is six months following the end of a season unless a period of a different length is prescribed.
The Australian Dried Fruits Board (ADFB), which commenced operations on 1 July 1991, administers the dried fruit equalisation arrangements. Its predecessor, the Australian Dried Fruits Corporation (ADFC) has recommended that the prescribed period for raisins produced in the 1990 season be amended to be nine months, rather than the six month period otherwise applicable under the Act.
The ADFC has advised that packers and their agents still have stocks of 1990 season raisins on hand and that they will continue to be supplied to the market for some time. However, the ADFC considers that it is unlikely that substantial quantities will be on hand beyond the end of September 1991. Extending the prescribed period will allow levy payments for those quantities marketed during the extended period to be made after some or all of the sales proceeds have been received, thus reducing the financial burden on the industry.
The commencement date will be made retrospective to 1 July 1991. However, the proposed Regulations will not affect the rights of any persons (such as packers) to their disadvantage or impose liabilities on them in respect of anything done before the date of notification in the Gazette.
The proposed Regulations amend regulation 3A to provide a prescribed period of nine months for 1990 season raisins.
Overview
The Dried Vine Fruits Equalisation Regulations (Amendment) 1991 No. 236 were enacted to address a specific issue within the existing regulatory framework of the Dried Vine Fruits Equalisation Act 1978. The Act itself was established to provide a system of equalisation for dried vine fruits, ensuring that packers of dried fruit contribute to a common pool to stabilise prices and support the industry. These regulations, issued under the authority of the Minister of State for Primary Industries and Energy, specifically amend the prescribed period for levy payments concerning raisins produced in the 1990 season, extending it to nine months. This adjustment was made in response to recommendations from the Australian Dried Fruits Board, which succeeded the Australian Dried Fruits Corporation, to alleviate the financial burden on the industry by allowing packers to delay some levy payments until after the sales proceeds have been received. The policy objective behind these amendments is to provide flexibility and financial relief to the industry by accommodating the extended period during which 1990 season raisins might still be marketed.
Scope and Application
The Dried Vine Fruits Equalisation Regulations (Amendment) 1991 No. 236 applies to packers of dried fruits, particularly raisins produced in the 1990 season, and is enacted under the authority of the Dried Vine Fruits Equalisation Act 1978. This amendment extends the period within which packers must pay the levy for these dried fruits, reflecting the administrative advice of the Australian Dried Fruits Board (ADFB) which succeeded the Australian Dried Fruits Corporation (ADFC). The Act applies nationally across Australia, with its provisions binding on all relevant entities and individuals within its scope. The Regulations do not alter the rights or impose liabilities on any person in relation to actions taken before the notification of the Gazette, ensuring that there is no retroactive disadvantage to the industry. This legislative amendment is designed to ease the financial burden on the industry by allowing packers to delay levy payments until after some or all sales proceeds have been received, as advised by the ADFB.
Key Provisions
The Dried Vine Fruits Equalisation Regulations (Amendment) 1991 No. 236 amends the Dried Vine Fruits Equalisation Regulations 1990 by extending the prescribed period for levy payments for raisins produced in the 1990 season. Under section 10(1) of the Dried Vine Fruits Equalisation Act 1978, the levy for dried fruit produced in a season must be paid within a certain period, typically six months after the end of the season. However, for the 1990 season, the Australian Dried Fruits Board (ADFB) has recommended that the prescribed period be extended to nine months to alleviate the financial burden on the industry, given that some stocks will still be on hand beyond the standard six-month period. This amendment, detailed in regulation 3A, will allow packers to pay the levy after receiving some or all of the sales proceeds, thereby reducing their immediate financial burden.
The obligations imposed by the Dried Vine Fruits Equalisation Act 1978 and the subsequent regulations require packers to ensure that they comply with the timing and manner of levy payments. Specifically, under section 10(1), packers must pay the levy within one month and 14 days if the dried fruit leaves their custody before the end of the prescribed period. If the dried fruit remains in their custody beyond the prescribed period, the levy must be paid within 14 days of the end of the prescribed period. The ADFB is responsible for administering these equalisation arrangements and ensuring compliance by packers.
Failure to comply with the requirements of the Act and the regulations can result in various consequences. Although the explanatory statement does not detail specific offences or penalties, it is understood that breaches of the regulations can lead to financial penalties and potentially other administrative actions. Typically, such breaches may attract fines or other enforcement measures as prescribed by the relevant legislation. The precise penalties would be in accordance with the provisions of the Dried Vine Fruits Equalisation Act 1978 and any related regulations or administrative guidelines issued by the ADFB.