EXPLANATORY STATEMENT
STATUTORY RULES 1988 No. 190
Issued by the Authority of the Minister for Primary Industries and Energy
HORTICULTURAL EXPORT CHARGE ACT 1987
HORTICULTURAL EXPORT CHARGE COLLECTION ACT 1987
HORTICULTURAL EXPORT CHARGE REGULATIONS
Subsections 14 (1) of the Horticultural Export Charge Act 1987 (the Charge Act) and 21 (1) of the Horticultural Export Charge Collection Act 1987 (the Collection Act) provide that the Governor-General may make regulations, ‘not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.’
Section 4 of the Acts Interpretation Act provides that where an Act is expressed to confer power to make regulations, unless the contrary intention appears, the power may be exercised, and anything may be done for the purpose of enabling the exercise of the power, or of bringing the instrument into effect, before the Act concerned comes into operation as if it had come into operation. The Charge Act and Collection Act commence on the date of commencement of the Horticultural Levy Act 1987 (the Levy Act). The date of commencement of the Levy Act is 1 August 1988.
Sections 8 and 9 of the Charge Act provide that the Regulations may fix a rate of charge for the purposes of those sections in relation to a class of chargeable horticultural products.
Subsection 14 (3) of the Charge Act requires that before making regulations for the purposes of section 8, the Governor-General shall take into consideration any relevant recommendation made to the Minister by the Australian Horticultural Corporation (AHC). As the date of commencement of AHC operations is 1 August 1988, this subsection of the Act is not applicable at this time.
Subsection 14 (4) of the Charge Act requires that before making regulations for the purposes of section 9, the Governor-General shall take into consideration any relevant recommendation made to the Minister by the Horticultural Research and Development Corporation (HRDC). As the date of commencement of HRDC operations is 1 August 1968, this subsection of the Act is not applicable at this time.
Subsection 14 (6) of the Charge Act requires that before making a recommendation to the Minister for the purposes of subsections 14(3) or (5), the AHC shall consult with the body that, under the regulations, is the eligible industry body for:
(a) the relevant leviable horticultural products; or
(b) the relevant class or subclass of leviable horticultural products;
as the case requires.
The Regulations:
(a) prescribe the Australian Apple and Pear Growers’ Association and the Australian Citrus Growers’ Federation as the eligible industry bodies in respect of apples and pears, and citrus, respectively.
(b) prescribe certain classes of apples, pears and citrus as ‘chargeable horticultural products’, as provided for in section 14 of the Charge Act,
(c) prescribe the operative rates of charge to apply to each class of chargeable horticultural product, as provided for in sections 8 and 9 of the Charge Act,
(d) prescribe the due date and manner of payment of the charge, as provided for in section 6 and paragraph 21(1)(c) of the Collection Act,
(e) require certain returns to be made to the Commonwealth, and records kept, in regard to chargeable horticultural products, as provided for in paragraphs 21(1)(d) and (e) of the Collection Act.
The Australian Apple and Pear Growers’ Association, and the Australian Citrus Growers’ Federation, have endorsed the levels of charge set out in the proposed Regulations. The level of the charge imposed on apples and pears is the same as applicable in 1988 under the funding arrangements for the Australian Apple and Pear Corporation (AAPC). The Australian Apple and Pear Corporation Act 1973 and associated Levy and Collection Acts are repealed on proclamation of commencement of part 7 of the AHC Act.
Details of the Regulations are given in Attachment A.
The above Regulations become effective on 1 August 1988.
ATTACHMENT A
Details of the Horticultural Export Charge Regulations
Regulation 1 provides that the Regulations may be cited as the Horticultural Export Charge Regulations.
Regulation 2 provides that the Regulations shall come into operation on the date of commencement of the Levy Act. It is proposed that this will occur on 1 August 1988.
Regulation 3 provides an interpretation and definition of various words and expressions used in the Regulations.
Regulation 4 fixes the rates of charge applicable to chargeable horticultural products under sections 8 and 9 of the Charge Act.
Regulation 5 prescribes the Australian Apple and Pear Growers’ Association and the Australian Citrus Growers’ Federation as eligible industry bodies for specified products under the Charge Act.
Regulation 6 prescribes certain classes of apples and pears, and citrus, as chargeable horticultural products for the purposes of the Collection Act.
Regulation 7 prescribes the date of payment of charge payable on any chargeable horticultural product for the purposes of section 6 of the Collection Act.
Regulation 8 provides that the manner of payment of charge payable to the Commonwealth under the Collection Act, the Charge Act, or the proposed Regulations is to be by payment to the Collector of Public Moneys at the Office of the Department in Canberra.
Regulation 9 requires a prescribed person who in any month has exported any chargeable horticultural product from Australia to lodge a return with the Secretary of the Department, detailing the business, address, month of export, quantity, and the charge payable, and including a declaration signed by the prescribed person.
Regulation 10 provides for the appointment of a person to be an authorised agent to sign the declaration required under proposed regulation 9.
Regulation 11 allows a declaration under regulation 9, or an appointment under regulation 10, required to be signed by a person, body corporate, or partnership, to be signed by certain persons authorised by the person, body corporate, or partnership.
Regulation 12 makes it an offence for a prescribed person who in any month exports any products in a prescribed class of chargeable horticultural products to fail to keep records of those transactions and impose a penalty of a fine not exceeding $500 for a person, or $2500 for a body corporate.
Regulation 13 provides that a warrant to enter premises under Section 13 of the Collection Act may be in the form given in Schedule 4 of the Regulations.
Regulation 14 allows the Minister to make orders in regard to any matter for which provision may be made under the Collection Act.