Horticultural Export Charge Regulations (Amendment)

Overview

The Horticultural Export Charge Regulations (Amendment) Statutory Rules 1990 No 307, issued under the authority of the Minister of State for Resources, amends the Horticultural Export Charge Regulations to adjust the export charge rates for citrus growers. Enacted in 1990 by the Australian Parliament, these regulations address the need to increase funding for the Australian Horticultural Corporation and the Horticultural Research and Development Corporation to support their promotional and marketing activities, as well as research and development initiatives. The policy objective behind these amendments is to ensure sufficient resources are allocated to enhance the competitiveness of Australian horticulture on the international market, reflecting the support and recommendations from the Australian Citrus Growers’ Federation and the Corporations' Chairmen. The new charge rates, effective from 1 November 1990, aim to better fund these essential activities.

Scope and Application

The Horticultural Export Charge Act 1987 and the Horticultural Export Charge Collection Act 1987 together establish the framework for the imposition and collection of levies intended to fund the Australian Horticultural Corporation and the Horticultural Research and Development Corporation. These Acts apply to citrus growers and other entities involved in the export of horticultural produce, specifically targeting those engaged in the production and commercialisation of citrus fruits. The amendments to the Horticultural Export Charge Regulations specify the new rates of charges payable by these growers to support the activities of the aforementioned Corporations. The new charge rates, which are set to take effect from 1 November 1990, apply to all citrus fruits including grapefruit and are differentiated based on whether the produce is sold in bulk or in boxes. The amended rates are designed to increase the promotional and marketing efforts of the Australian Horticultural Corporation and to enhance the research and development initiatives of the Horticultural Research and Development Corporation. These regulations extend the application of the Act by specifying the particular rates and methods of payment, and they are subject to further interpretation and enforcement through subordinate instruments as necessary.

Key Provisions

The primary sections of the Horticultural Export Charge Regulations (Amendment) are sections 1 through 3, which outline the date of commencement and the amendments to the charge rates for citrus exports. Section 1 specifies that the Regulations will come into effect on 1 November, while Section 2 identifies the Horticultural Export Charge Regulations as the subject of amendment. Section 3 details the new charge rates applicable to citrus exports, differentiating between bulk sales and sales not in bulk, and specifying the rates for both the Australian Horticultural Corporation and the Horticultural Research and Development Corporation. These amendments follow the recommendations of the Chairmen of the Corporations, who had the support of the Australian Citrus Growers' Federation. The Act imposes several obligations on the entities it governs. Firstly, citrus growers are required to pay the amended rates of charge as specified in the Regulations. These charges are to be calculated based on the quantity of citrus exported, with distinct rates for bulk sales and sales not in bulk. The growers must ensure that these charges are remitted to the relevant Corporations within the stipulated timeframes. Additionally, the Australian Horticultural Corporation and the Horticultural Research and Development Corporation must use the collected funds for their respective purposes, namely promotional and marketing activities, and research and development initiatives, as outlined in the Export Charge Act and the Collection Act. Breach of the provisions of the Horticultural Export Charge Act 1987 and the Horticultural Export Charge Collection Act 1987 can result in various consequences. Firstly, failure to pay the stipulated charges can be considered an offence under the Collection Act, leading to potential fines or legal action. The maximum penalties for such offences are not explicitly stated in the explanatory statement, but typically, penalties for non-compliance with similar Acts can include substantial fines and, in severe cases, imprisonment. Additionally, any failure to remit funds to the Corporations or misuse of collected funds may lead to civil or criminal consequences, depending on the severity and intent of the breach. These consequences are designed to ensure compliance and the proper use of funds for their intended purposes.