EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO 263
Issued by the Authority of the Minister of State for Resources.
HORTICULTURAL LEVY ACT 1987
HORTICULTURAL LEVY COLLECTION ACT 1987
HORTICULTURAL LEVY (CITRUS) REGULATIONS (AMENDMENT)
The proposed Regulations will provide for certain producers, first purchasers and selling agents of citrus to make payments of levy to State collecting authorities rather than to the Department in Canberra.
Section 6 of the Horticultural Levy Act 1987 imposes a levy on certain horticultural products produced and sold in Australia.
Subsection 7(1A) of the Horticultural Levy Collection Act 1987, (the Collection Act) provides that certain selling agents and first purchasers of leviable horticultural products of a particular kind shall pay amounts equal to amounts of levy due
for payment to State collecting authorities rather than to the Commonwealth. This will apply where an agreement has been entered into between the Commonwealth and a State or Territory.
Section 7B of the Collection Act provides for the Commonwealth to enter into an Agreement with a State or Territory to collect moneys payable under the Act on behalf of the Commonwealth. The collecting authority named in the Agreement may either be the State or Territory or an authority such as a marketing board of a State or Territory. An Agreement may cover collections of amounts payable by a producer of leviable horticultural products or amounts payable by a selling agent or first purchaser on behalf of the producer.
It is probable that Agreements will be concluded shortly with some States in respect of the collection of levy for citrus products. The collecting authority named in the Agreement will be responsible for ensuring payments of levy for citrus of a kind in which an Agreement has been entered into.
For other citrus, returns of levy will continue to be lodged with the Department in Canberra.