Horticultural Export Charge Amendment Act 1989

Overview

The Horticultural Export Charge Amendment Act 1989 was enacted to amend the Horticultural Export Charge Act 1987, addressing a gap in the regulation of export charges for horticultural produce. This Act was introduced to provide greater flexibility and effectiveness in the administration of export charges for the horticulture industry, ensuring that the rates are reflective of the current economic environment and industry needs. The policy objective, as articulated during the second reading speeches in the House of Representatives and the Senate, was to better support the horticulture sector by adjusting the rates of export charges to more accurately reflect the costs associated with the export process. Enacted by the Queen, in accordance with the authority of the Parliament of the Commonwealth of Australia, this Act seeks to enhance the sustainability and competitiveness of Australian horticulture on the global market by making necessary amendments to the original Act.

Scope and Application

The Horticultural Export Charge Amendment Act 1989 is an amendment to the Horticultural Export Charge Act 1987, modifying the framework for imposing charges on certain horticultural exports from Australia. This Act applies to all entities engaged in the export of horticultural products from Australia, encompassing both individuals and corporate bodies involved in these transactions. Its jurisdictional reach extends across the Commonwealth of Australia, including the Australian Capital Territory, ensuring that the provisions apply uniformly regardless of the location of the exporters within the country. The Act explicitly excludes any exports that are not classified as horticultural products as defined under the Principal Act. Additionally, the Act does not specify any exclusions or exemptions beyond this definition, meaning that all exports of eligible horticultural products are subject to the amended charge unless otherwise excluded by the definitions in the original Act. The rates of charge have been revised to increase the export charge from 2% to 5%, affecting all entities and individuals subject to the charge. While the Act itself contains the primary amendments, it does not preclude the possibility of further regulations or subordinate instruments that may provide additional clarification or implementation details regarding the application of the amended charge.

Key Provisions

The main operative sections of the Horticultural Export Charge Amendment Act 1989 (section 1) pertain to the citation of the Act and the definition of key terms. This Act may be referred to as the Horticultural Export Charge Amendment Act 1989 and, within the Act, “Principal Act” is defined as the Horticultural Export Charge Act 1987 (section 1(1) and (2)). The Act commenced on the day it received Royal Assent (section 2). Furthermore, section 5 of the Principal Act is amended by adding “of the Australian Capital Territory,” after “States,” (section 3). The rate of charge specified in section 7 of the Principal Act is amended by changing the rate from 2% to 5% (section 4). The Horticultural Export Charge Amendment Act 1989 imposes specific obligations and requirements on the entities governed by it. These obligations include the amendment of the Principal Act's section 5 to include the Australian Capital Territory within its scope. Additionally, the Act mandates that the rate of charge as stipulated in section 7 of the Principal Act be increased from 2% to 5%. These amendments ensure that the Horticultural Export Charge Act 1987 is updated to reflect current legislative intent and to impose the appropriate charge on exports. In terms of the consequences for non-compliance, the Horticultural Export Charge Amendment Act 1989 does not explicitly detail specific offences, penalties, or civil/criminal consequences for breach within its text. However, the amendments to the Principal Act, particularly the increase in the charge rate, imply that entities failing to comply with the updated charge rate may be subject to the penalties and enforcement mechanisms outlined in the Horticultural Export Charge Act 1987. These could include financial penalties, legal action, or other administrative measures as prescribed by the Principal Act.