Dried Vine Fruits Equalization Regulations (Amendment)

Legislation au C2004L00456 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

STATUTORY RULES 1986 NO. 120

Issued by the Authority of the Minister for Primary Industry

DRIED VINE FRUITS EQUALIZATION ACT 1978

DRIED VINE FRUITS EQUALIZATION REGULATIONS (AMENDMENT)

The Dried Fruits Equalization Act 1978 provides for the Governor-General to make regulations for the purpose of the collection of levy imposed by the Dried Vine Fruits Equalization Levy 1978. The first Act provides that the regulations may prescribe the manner of payment of levy and require persons to furnish returns for the purposes of that Act.

Sub-regulation 4(3) of the Dried Vine Fruits Equalization Regulations currently requires that, if in any month no dried fruit had ceased to be in the custody of a packer, a ‘nil’ return be furnished to the Secretary to the Department of Primary Industry.

With effect from 1 July 1986, the Dried Vine Fruits Equalization Regulations are to be amended to remove this requirement to submit monthly ‘nil’ returns.

Overview

The Dried Vine Fruits Equalization Regulations (Amendment) 1986, issued under the authority of the Minister for Primary Industry, amends the Dried Vine Fruits Equalization Regulations 1978. The original Act, enacted in 1978, aimed to facilitate the collection of levies on dried vine fruits through regulation, ensuring that packers complied with the requirements of the Dried Vine Fruits Equalization Levy 1978. The policy objective of this amendment is to streamline administrative processes by removing the obligation for packers to submit monthly 'nil' returns when no dried fruits are in their custody, thereby reducing unnecessary paperwork and administrative burden for industry participants. The amendment reflects an effort to improve efficiency within the regulatory framework governing the collection of these levies.

Scope and Application

The Dried Vine Fruits Equalization Regulations (Amendment) Statutory Rules 1986 pertain to the amendment of the Dried Vine Fruits Equalization Regulations 1978 under the authority of the Minister for Primary Industry. The amendment primarily affects entities engaged in the packing of dried vine fruits within Australia, targeting their compliance with the requirements set by the Dried Vine Fruits Equalization Act 1978. The amendment streamlines the regulatory process by removing the obligation for packers to submit a 'nil' return when no dried fruits have ceased to be in their custody for a given month. This change is intended to alleviate some administrative burdens on industry participants. Geographically, the regulations apply across the Commonwealth of Australia, impacting all states and territories uniformly. There are no stated exclusions or exemptions within the text of the amendment, and it does not introduce new thresholds. The regulatory scope is confined to the amendment of existing sub-regulation 4(3), and further applications or restrictions are not indicated within the scope of these rules.

Key Provisions

The main operative sections of the Dried Vine Fruits Equalization Regulations (Amendment) (No. 2) 1986 (C2004L00456) include the amendment of sub-regulation 4(3). This regulation previously stipulated that if no dried fruit was in the custody of a packer for any given month, a 'nil' return had to be submitted to the Secretary of the Department of Primary Industry. This requirement is to be removed as of 1 July 1986. Essentially, the amendment alters the regulatory framework concerning the reporting obligations of packers who handle dried fruits. The obligations imposed by the Act on the parties governed by it are primarily centred around the submission of returns. Under the original regulation, packers were required to submit a 'nil' return if they did not handle any dried fruit in a particular month. This was intended to ensure that the Department of Primary Industry maintained accurate records of all dried fruit processed. With the amendment, the obligation to submit a 'nil' return is no longer applicable, potentially simplifying the reporting process for packers who do not handle dried fruit regularly. Breaching the previous regulation by failing to submit a 'nil' return when required could have resulted in administrative penalties. Although the specific penalties for such a breach are not outlined in the statutory rules, they could include fines or other administrative sanctions as prescribed under the broader legislative framework. The removal of the requirement for 'nil' returns may reduce the potential for such breaches, thereby mitigating associated penalties. The amendment to sub-regulation 4(3) does not introduce new offences or penalties, but it does streamline the compliance requirements for packers. By eliminating the need to file 'nil' returns, the amendment reduces the administrative burden on these entities. This change is intended to make the regulatory process more efficient while maintaining the integrity of the data collected by the Department of Primary Industry.

Legal classification tags

Area of Law
Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.