EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO. 100
Issued by the Authority of the Minister of State for Resources and Energy for and on behalf 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. 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 6 months and 14 days after the end of the season unless a period other than six months is prescribed by regulation.
Because of the high level of production of dried vine fruit in the 1982 season and the relatively slow rate of sales, significant quantities of that season’s sultanas and raisins remained in packers’ custody at the end of June 1983 and would have become leviable by July 15. Sales proceeds would not have been received at that time to cover the levy payment.
On the recommendation of the Australian Dried Fruits Corporation, the Statutory Rules prescribe the period for payment of levy on 1982 season sultanas still in packer custody as 10 months and for 1982 season raisins as 12 months. These extensions are expected to allow sufficient time for the remaining fruit to be sold and sales proceeds received before levy becomes payable.
The Statutory Rules also amend the existing Regulations in Statutory Rules 1982 No. 70 to make the due date for monthly returns by packers on leviable fruit coincide with the due date for levy payments which was recently extended by 2 months under the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983.
Overview
The Dried Vine Fruits Equalization Regulations (Amendment) Statutory Rules 1983 No. 100, issued by the Authority of the Minister of State for Resources and Energy on behalf of the Minister for Primary Industry, were enacted to address the issue of delayed levy payments due to the high production and slow sales of dried vine fruits during the 1982 season. This legislation amends the Dried Vine Fruits Equalization Regulations 1978, which were established under the Dried Vine Fruits Equalization Act 1978 to equalise unit returns from both domestic and export markets by imposing a levy on certain dried vine fruits. The policy objective is to ensure that packers have sufficient time to sell their stock and generate the necessary sales proceeds to cover the levy payments. Therefore, the Regulations extend the period for levy payment on 1982 season sultanas and raisins still in packer custody to 10 months and 12 months respectively. Additionally, the Statutory Rules align the due date for monthly returns by packers with the recently extended due date for levy payments.
Scope and Application
The Dried Vine Fruits Equalization Regulations (Amendment) Statutory Rules 1983 No. 100 apply to entities involved in the production, sale, and export of dried vine fruits, specifically sultanas and raisins, in Australia. The regulations amend the Dried Vine Fruits Equalization Regulations to extend the period for levy payments on certain dried vine fruits that remained in packer custody at the end of the 1982 season. This extension provides packers with more time to sell the remaining fruit and collect sales proceeds before becoming liable for the levy. The extended period for levy payment is set at 10 months for sultanas and 12 months for raisins. Additionally, the rules modify the due date for monthly returns by packers to align with the extended levy payment dates. These amendments are intended to alleviate the financial burden on packers due to the high production levels and slow sales of dried vine fruits in the 1982 season. The regulations operate nationally, affecting all entities within Australia involved in the dried vine fruit industry.
Key Provisions
The Dried Vine Fruits Equalization Act 1978, as amended by the Dried Vine Fruits Equalization Regulations (Amendment) Statutory Rules 1983 No. 100, outlines the procedures for equalising unit returns from domestic and export markets for dried vine fruits. Specifically, Section 4 of the Act mandates the imposition of a levy on certain dried vine fruits to facilitate this equalization (Section 4). Section 5 of the Regulations details the timeframe within which this levy must be paid, generally requiring payment to be completed six months and fourteen days after the end of the season unless otherwise prescribed by regulation (Section 5).
The obligations under this Act are clear. Packers of dried vine fruits must ensure that any fruit still in their custody is subjected to the appropriate levy and that payments are made within the specified timeframe (Section 5). The Act also requires packers to submit monthly returns on the leviable fruit, aligning these returns with the extended due date for levy payments (Section 6). These provisions are designed to ensure that sales proceeds are available to cover the levy payments, especially in seasons with high production levels and slower sales.
Failure to comply with the requirements of the Dried Vine Fruits Equalization Act can result in significant consequences. Under Section 12 of the Act, a breach of any provision can lead to both civil and criminal penalties. The exact penalties are not detailed in the provided text, but it is common for such breaches to result in fines or other enforcement actions. The seriousness of the penalties depends on the nature and extent of the breach, but they are intended to enforce compliance with the Act's provisions to maintain the integrity of the equalization scheme.