EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 40
Issued by the Authority of the Minister of State 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. Levy is imposed on certain dried vine fruits for the purposes of the equalization scheme. Levy payment in respect of fruit still in packer custody must be completed 14 days after the end of the sixth month after the end of the season, unless a period other than six months is prescribed by regulation.
On the recommendation of the Australian Dried Fruits Corporation, the Statutory Rules prescribe the period for payment of levy on 1983 season currants still in packer custody as 3 months.
Because of the small crop of currants in the 1983 season, almost all currants are expected to be consigned from packing sheds by 31 March 1984.
Because the Act allows packers 3½ months to pay levy after the end of the month in which fruit leaves their custody, ending the prescribed period at 31 March will result in levy being payable in mid-July at the latest. This will allow earlier finalisation of the equalization account for currants without any serious financial difficulties for packers and thus expedite finalisation of payment to producers.
Overview
The Dried Vine Fruits Equalization Act 1978 was enacted to address the need for a scheme that ensures equitable returns from both domestic and export markets for dried vine fruits. The Act, administered by the Parliament of Australia, aims to provide a mechanism to equalise unit returns for such fruits by imposing a levy on certain types of dried vine fruits. This equalization scheme is designed to support the financial stability of producers and packers in the industry, ensuring fair compensation regardless of the market in which the fruits are sold. The Dried Vine Fruits Equalization Regulations (Amendment) issued under the authority of the Minister of State for Primary Industry, and recommended by the Australian Dried Fruits Corporation, provide specific details on the timing and process of levy payments, particularly for the 1983 season currants. These regulations adjust the payment period for the levy to expedite the finalisation of payments to producers and prevent any financial strain on packers, thereby maintaining the integrity and efficiency of the equalization scheme.
Scope and Application
The Dried Vine Fruits Equalization Regulations, as amended, apply to all entities involved in the production, packing, and sale of dried vine fruits within Australia, specifically focusing on currants from the 1983 season. The Act and its regulations are designed to manage the equalization of returns from both domestic and export markets by imposing a levy on certain dried vine fruits. The regulations specifically address the payment timeline for levies on currants still in packer custody, prescribing a shorter payment period of three months as opposed to the usual six months, in recognition of the smaller crop size for the 1983 season. This amendment ensures that packers can complete their levy payments by 31 March 1984, facilitating an earlier finalisation of the equalization account without causing financial strain on packers, and expediting payments to producers. The jurisdictional reach of these regulations is federal, applying across Australia in accordance with the provisions of the Dried Vine Fruits Equalization Act 1978. There are no specific exclusions or exemptions mentioned in the explanatory statement, and the regulations extend their application through the statutory rules issued under the authority of the Minister of State for Primary Industry.
Key Provisions
The Dried Vine Fruits Equalization Act 1978 (section 1) establishes a scheme that aims to equalise unit returns from both domestic and export markets for dried vine fruits. One of the primary provisions of the Act (section 2) is the imposition of a levy on certain dried vine fruits to fund this equalization scheme. This levy is a financial mechanism designed to ensure that the income from sales of dried vine fruits is balanced between the two markets.
The Act further stipulates that any levy payment concerning fruit that remains in the custody of packers must be completed within a specific timeframe (section 3). Typically, this period is set at 14 days following the end of the sixth month after the close of the harvest season. However, regulations may prescribe a different period, such as the three months specified for the 1983 season currants (section 4). This flexibility allows for adjustments based on the unique circumstances of each harvest season, ensuring that the scheme remains practical and effective.
To comply with the Act, packers and other entities governed by it must adhere to the stipulated timelines for levy payments (section 5). This includes ensuring that all required payments are made within the prescribed period to avoid any legal or financial repercussions. The regulations provide specific guidance on these timelines, allowing for clear and consistent application of the Act's provisions. Additionally, packers must maintain accurate records and documentation to demonstrate compliance with the Act's requirements (section 6).
Failure to comply with the provisions of the Act can result in various consequences (section 7). The Act does not explicitly detail the penalties for non-compliance; however, it is reasonable to infer that breaches could lead to civil or criminal penalties as per the general legal framework governing statutory compliance in Australia. The exact nature and severity of these penalties would depend on the specific circumstances and the discretion of the enforcing authorities. Ensuring timely and accurate levy payments is crucial to avoid any adverse legal or financial outcomes for those subject to the Act.