Horticultural Export Charge Regulations

Legislation au C2004L04953 Regulations Not in force Legislative Instrument

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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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Horticultural Export Charge Regulations, made under the Horticultural Export Charge Act 1987 and the Horticultural Export Charge Collection Act 1987, were enacted to provide a regulatory framework for the imposition and collection of export charges on specified horticultural products. This legislation was introduced to address the need for a systematic and structured approach to managing the export charges on horticultural products in Australia, ensuring that the collection process was efficient and transparent. The regulations were enacted by the Governor-General under the authority conferred by the Horticultural Export Charge Act 1987 and the Horticultural Export Charge Collection Act 1987. The policy objective was to establish a regulatory mechanism that would facilitate the collection of export charges, thereby supporting the operations and funding of relevant horticultural corporations and research entities. The Regulations, which became effective on 1 August 1988, outlined the procedures for setting rates, identifying eligible industry bodies, and determining the due dates and methods for payment of the charges, as well as the reporting and record-keeping requirements.

Scope and Application

The Horticultural Export Charge Regulations, made under the authority of the Horticultural Export Charge Act 1987 and the Horticultural Export Charge Collection Act 1987, apply to entities involved in the export of specified horticultural products from Australia. The Regulations, which came into effect on 1 August 1988, designate the Australian Apple and Pear Growers’ Association and the Australian Citrus Growers’ Federation as eligible industry bodies for apples, pears, and citrus. These Regulations prescribe the classes of apples, pears, and citrus that are subject to the export charge, set the rates of charge applicable to these products, and outline the due dates and methods for payment of the charge. Additionally, the Regulations mandate that exporters of these products must lodge returns with the relevant department and maintain records of their transactions, with penalties for non-compliance. The Regulations also establish the framework for authorised agents to sign declarations and for the Minister to issue orders concerning the collection of the export charge. These provisions collectively ensure that the implementation of the Horticultural Export Charge is managed efficiently and in accordance with the legislative framework established by the primary Acts.

Key Provisions

The key operative sections of the Horticultural Export Charge Regulations 1988 (Regulations) establish the framework for the implementation of the Horticultural Export Charge Act 1987 (Charge Act) and the Horticultural Export Charge Collection Act 1987 (Collection Act). Regulation 2 ensures the Regulations come into effect on the same date as the commencement of the Horticultural Levy Act 1987 (Levy Act), which is set for 1 August 1988. Regulation 4 sets the rates of charge applicable to various classes of horticultural products, such as apples, pears, and citrus, as specified in sections 8 and 9 of the Charge Act. Regulation 5 identifies the Australian Apple and Pear Growers' Association and the Australian Citrus Growers' Federation as eligible industry bodies responsible for certain products, as required by the Charge Act. Regulation 6 further delineates the specific classes of apples, pears, and citrus that are subject to these charges under the Collection Act. Regulation 7 outlines the due date for the payment of the export charge, while Regulation 8 specifies that payments must be made to the Collector of Public Moneys at the Department's office in Canberra. The Regulations impose several obligations on the parties they govern. According to Regulation 9, any person who exports chargeable horticultural products must lodge a return with the Secretary of the Department. This return must detail the business involved, the address, the month of export, the quantity of products exported, and the charge payable, along with a declaration signed by the exporter. Regulation 10 allows for the appointment of authorised agents who can sign these declarations on behalf of exporters. Additionally, Regulation 11 permits certain authorised individuals to sign declarations or appointment documents on behalf of persons, bodies corporate, or partnerships. Regulation 12 mandates that exporters keep accurate records of their transactions and imposes a penalty of up to $500 for individuals and $2500 for bodies corporate for failure to maintain these records. The Regulations also establish penalties and consequences for non-compliance. Regulation 12 explicitly states that failure to keep records of transactions involving the export of chargeable horticultural products is an offence. The penalty for individuals is a fine not exceeding $500, while the penalty for bodies corporate is up to $2500. These penalties underscore the importance of compliance with the record-keeping requirements set out in the Regulations. Additionally, the Regulations allow for the issuance of warrants to enter premises under Section 13 of the Collection Act, as outlined in Regulation 13, to ensure enforcement of the charge and compliance with the Act. The Regulations also provide the Minister with the authority to make orders regarding any matters under the Collection Act, as stated in Regulation 14.

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