Horticultural Levy (Citrus) Regulations (Amendment)

Overview

The Horticultural Levy (Citrus) Regulations (Amendment) 1990, issued under the authority of the Minister of State for Primary Industries and Energy, amends the Horticultural Levy (Citrus) Regulations to increase the rates of levy payable by citrus growers. The primary objective of this amendment is to augment funding for the Australian Horticultural Corporation and the Horticultural Research and Development Corporation. The increase in levies aims to expand the promotional and marketing activities of the Australian Horticultural Corporation and to support the research and development initiatives of the Horticultural Research and Development Corporation. The amendment follows the recommendations from the Chairmen of both Corporations and has the backing of the Australian Citrus Growers’ Federation. The new levy rates, effective from 1 November 1990, are $1.25 per tonne in bulk and 2.5 cents per box for the Australian Horticultural Corporation, and 50 cents per tonne in bulk and 1 cent per box for the Horticultural Research and Development Corporation.

Scope and Application

The Horticultural Levy Act 1987 and the Horticultural Levy Collection Act 1987 pertain to the imposition and collection of levies, with the purpose of funding the Australian Horticultural Corporation and the Horticultural Research and Development Corporation. These acts apply to all entities engaged in the horticultural industry, specifically targeting citrus growers for the purposes of the Horticultural Levy (Citrus) Regulations. The amended regulations, effective from 1 November 1990, establish specific rates of levy to be paid by these growers, which are intended to support promotional and marketing activities of the Australian Horticultural Corporation and the research and development initiatives of the Horticultural Research and Development Corporation. The geographic reach of these regulations is national, applying uniformly across Australia, and they are not subject to exclusions or exemptions as specified in the statutory rules. The new levy rates, as per the amendment, are increased to fund the expanded activities of these corporations, with citrus growers bearing the financial responsibility for these enhancements.

Key Provisions

The Horticultural Levy (Citrus) Regulations (Amendment) under the Horticultural Levy Act 1987 and the Horticultural Levy Collection Act 1987, outline changes to the rates of levy imposed on citrus growers (s.8, s.9). Specifically, the amendment to the Horticultural Levy (Citrus) Regulations (s.3) establishes new rates for levies collected to fund the Australian Horticultural Corporation and the Horticultural Research and Development Corporation. These new rates are intended to support expanded promotional and marketing activities by the Australian Horticultural Corporation and to enhance research and development efforts by the Horticultural Research and Development Corporation. Effective from 1 November 1990, citrus growers are required to pay $1.25 per tonne for citrus (excluding grapefruit) and grapefruit sold in bulk, and 2.5 cents per box for citrus (excluding grapefruit) and grapefruit not sold in bulk, to the Australian Horticultural Corporation. For the Horticultural Research and Development Corporation, the new rates are 50 cents per tonne for citrus (excluding grapefruit) and grapefruit sold in bulk, and 1 cent per box for citrus (excluding grapefruit) and grapefruit not sold in bulk. The amendment places specific obligations on citrus growers to adhere to the new levy rates set forth in the regulations. Growers must ensure that the correct amounts are paid in accordance with the specified methods of payment, whether the citrus is sold in bulk or in boxes (s.3). Failure to comply with these new rates or to remit the appropriate levies within the prescribed timeframes may result in non-compliance with the statutory requirements. The obligations extend to accurate record-keeping and timely submission of levy payments to the designated corporations, as outlined in the regulations. The Horticultural Levy (Citrus) Regulations (Amendment) impose penalties for non-compliance with the stipulated levy rates and payment obligations. While the specific penalties are not detailed in the explanatory statement, under the general legislative framework of the Horticultural Levy Act 1987 and the Horticultural Levy Collection Act 1987, penalties for non-compliance could include fines or other financial penalties. The severity of the penalties may vary depending on the degree of non-compliance and whether it is deemed inadvertent or willful. The legislation mandates that growers and processors must strictly adhere to the new rates to avoid facing any potential enforcement actions or legal consequences.