EXPLANATORY STATEMENT
STATUTORY RULES 1986 No 162
Issued by the authority of the Minister for Finance for and on behalf of the Minister for Primary Industry
GRAPE RESEARCH LEVY REGULATIONS
The Grape Research Levy Act 1986 provides for a levy to be imposed on fresh grapes, dried grapes and grape juice delivered to a processing establishment in Australia on or after 1 July 1986. The maximum rate of levy set by the Act is 50 cents per tonne for fresh grapes and the fresh grape equivalent of dried grapes and grape juice. The purpose of the levy is to fund grape research under the provisions of the Rural Industries Research Act 1985.
Liability for the levy will commence on 1 July 1986 and the first collection of levy will be in September 1987. Proceeds of the levy will be paid into a Research Trust Fund established under the Rural Industries Research Act 1985. The Commonwealth will match the expenditure of industry moneys from the Fund on a dollar for dollar basis. The actual level of expenditure on grape research (and wine research) will be determined by the Grape and Wine Research Council which will be selected and appointed as soon as possible after 1 July 1986.
The Wine Grape Growers Council of Australia Inc, the Australian Wine and Brandy Producers Association Inc, the Australian Winemakers Forum Inc, and the Wine and Brandy Co-operative Producers Association of Australia Inc, have all recommended that the initial operative rate of levy should be 30 cents. The Minister has accepted the recommendations of these organisations and these Statutory Rules will set the initial operative rate of levy for grape research at 30 cents per tonne for fresh grapes and the fresh grape equivalent of dried grapes and grape juice.
Overview
The Grape Research Levy Regulations 1986 were enacted to facilitate the implementation of the Grape Research Levy Act 1986, which introduces a levy on fresh grapes, dried grapes, and grape juice delivered to a processing establishment in Australia from 1 July 1986. This legislation was established to address the need for dedicated funding to support research in the grape and wine industry, thereby enhancing the competitiveness and sustainability of the sector. The levy is designed to fund grape research under the Rural Industries Research Act 1985, with proceeds deposited into a Research Trust Fund. The Commonwealth's commitment to match industry contributions dollar for dollar underscores a collaborative approach to funding research. The policy objective is to ensure a steady flow of research funding by setting an initial levy rate of 30 cents per tonne, as recommended by industry bodies, which was subsequently accepted by the Minister for Finance.
Scope and Application
The Grape Research Levy Regulations 1986 apply to the levy imposed on fresh grapes, dried grapes, and grape juice delivered to a processing establishment in Australia on or after 1 July 1986, as stipulated by the Grape Research Levy Act 1986. The levy targets fresh grapes and their equivalents in dried grapes and grape juice, with the purpose of generating funds for grape research under the Rural Industries Research Act 1985. This levy applies nationwide across Australia, ensuring that all grape deliveries to processing establishments within the country are subject to the specified levy rates. The regulations set the initial operative rate of levy at 30 cents per tonne, as recommended by relevant industry bodies and accepted by the Minister for Primary Industry. This rate is applicable to the fresh grape equivalent of dried grapes and grape juice as well. The proceeds of this levy are directed to a Research Trust Fund established under the Rural Industries Research Act 1985, with the Commonwealth matching industry contributions on a dollar-for-dollar basis. The regulations also extend to the establishment of the Grape and Wine Research Council, which is responsible for determining the actual level of expenditure on grape and wine research.
Key Provisions
The Grape Research Levy Regulations 1986 (C2004L00188) establish the framework for a levy on fresh grapes, dried grapes, and grape juice delivered to processing establishments in Australia. The levy is imposed under the provisions of the Grape Research Levy Act 1986 (section 1) and is set at an initial rate of 30 cents per tonne for fresh grapes and the fresh grape equivalent of dried grapes and grape juice (section 3). The levy aims to fund research into grape and wine industries, aligning with the objectives outlined in the Rural Industries Research Act 1985.
Under these regulations, the primary obligation falls on the entities delivering fresh grapes, dried grapes, and grape juice to processing establishments. They are required to pay the specified levy on these products as stipulated by the regulations (section 4). The levy is to be paid into a Research Trust Fund, which was established under the Rural Industries Research Act 1985. This fund is intended to support research activities that benefit the grape and wine industries, with the Commonwealth matching industry contributions dollar-for-dollar.
Failure to comply with the levy requirements can lead to legal consequences. The regulations do not explicitly detail the penalties for non-compliance, but given the statutory context, it can be inferred that breaches might result in fines or other enforcement actions. The exact nature of these penalties would typically be determined by the relevant authorities or courts in line with other relevant legislation. The overarching aim is to ensure that the research fund is adequately financed to support the intended research activities.