Primary Industries (Customs) Charges Amendment (Almonds, Apples and Pears) Regulations 2017

Administered by Department of Agriculture

Legislation au F2017L01169 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 

Issued by Authority of the Deputy Prime Minister and Minister for Agriculture and Water Resources

 

Primary Industries (Customs) Charges Act 1999

 

Primary Industries (Customs) Charges Amendment (Almonds, Apples and Pears) Regulations 2017

 

 

Legislative Authority

Section 8 of the Primary Industries (Customs) Charges Act 1999 (the Customs Charges Act) provides that the Governor-General may make regulations prescribing matters required or permitted by that Act or that are necessary or convenient to be prescribed for carrying out or giving effect to that Act. The Customs Charges Act provides for the ability to impose charges on almonds, apples and pears.

 

Part 2 of Schedule 10 to the Primary Industries (Customs) Charges Regulations 2000 (Custom Charges Regulations) prescribes the rates of charges imposed on almonds exported from Australia. Part 3 of Schedule 15 to the Custom Charges Regulations prescribed the rates of charges on apples and pears exported from Australia.

 

Purpose

The purpose of the Primary Industries (Customs) Charges Amendment (Almonds, Apples and Pears) Regulations 2017 (the proposed Regulations) is to activate the Emergency Plant Pest Response (EPPR) charge on

  • almonds (other than almonds of the Nonpareil variety) in their shells to 0.1 of a cent per kilogram,
  • almonds of the Nonpareil variety in their shells to 0.1 of a cent per kilogram,
  • shelled almonds to 0.13 of a cent per kilogram,
  • apples to 0.05 of a cent per kilogram, and
  • pears to 0.05 of a cent per kilogram.

 

Charges are introduced, administered and collected by the Australian Government, usually at the request of industry. The Department of Agriculture and Water Resources (the department) collects the charge and disburses the funds to the relevant recipient body.

 

Background

On 8 March 2017, the Almond Board of Australia (ABA) wrote to the Minister for Agriculture and Water Resources (Minister) seeking to activate the EPPR charge on almonds. On 20 March 2017, Apple and Pear Australia Limited (APAL) wrote to the Minister seeking to activate the EPPR charge on apples and pears.

 

The funds raised through the EPPR charge on almonds will be used to repay the Australian Government for costs of approximately $321,000 which were paid on behalf of ABA in relation to the response plan for the eradication of varroa mite from Queensland.

 

The funds raised through the EPPR charge on apples and pears will be used to repay the Australian Government for costs of approximately $493,000 which were paid on behalf of APAL in relation to the response plan for the eradication of varroa mite from Queensland, as well as the national exotic fruit fly in Torres Strait eradication program.

 

The Department of Agriculture and Water Resources (the department) has assessed ABA’s and APAL’s requests and considers they meet the Australian Government Levy Principles and Guidelines for the activating of a positive rated EPPR charge.

Impact and Effect

The amendments will result in the activation of the current nil-rated EPPR charge for almonds, apples and pears. For apples and pears the charge will be set at a rate of 0.05 of a cent per kilogram. For almonds in their shells the levy will be set at a rate of 0.1 of a cent per kilogram and 0.13 of a cent per kilogram for shelled almonds.

 

The charge rates were calculated to ensure that the industry’s liability to the Australian Government is repaid within five years based on estimated production. This timeframe aligns with the requirements of the EPPR Deed. Due to varying annual production, it is difficult to predict the exact timeframe for completion of repayment. Therefore, the EPPR charges are being implemented without a specified end date. However, ABA and APAL intend requesting that the Minister reset the EPPR charges to nil, once repayment is complete.

 

The charge increases are a small enough percentage of the overall charge that it is very unlikely to influence the price of almond, apple and pear products.

 

Consultation

 

Consistent with the Australian Government Levy Principles and Guidelines for the activation of an emergency response charge, ABA and APAL notified charge payers of the request to activate the EPPR charge on their respective products.

 

ABA held an objection period from 15 March 2017 to 30 April 2017. No objections were received.

 

APAL undertook an objection period from 1 April 2017 to 31 May 2017. Of approximately 310 known charge payers, one objection was received. The objection has been addressed to the satisfaction of the Minister.

 

Details / Operation

Details of the Regulations are set out in Attachment A.

 

The Regulations is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

 

The Regulations is a legislative instrument for the purposes of the Legislation Act 2003.


 

Attachment A

 

Details of the Primary Industries (Customs) Charges Amendment (Almonds, Apples and Pears) Regulations 2017

 

Section 1 – Name of Regulations

 

This section provides that the name of the Regulations is the Primary Industries (Customs) Charges Amendment (Almonds, Apples and Pears) Regulations 2017.

 

Section 2 – Commencement

 

This section provides for the Regulations to commence on 1 October 2017.

 

Section 3 – Authority

 

This section provides that the Regulations are made under the Primary Industries (Customs) Charges Act 1999.

 

Section 4 – Schedule

 

This section provides for the Primary Industries (Customs) Charges Regulations 2000 to be amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item 1 replaces subclause 2.6(2) of Schedule 10 with a new subclause (2.6(2) which provides that the EPPR charge on almonds is:

(a)  0.1 of a cent per kilogram for almonds in their shells except for Nonpareil variety in their shells;

(b)  0.1 of a cent per kilogram for almonds of the Nonpareil variety in their shells; and

(c)  0.13 of a cent per kilogram for shelled almonds.

 

Item 2 amends paragraph 3.7(2)(a) of Schedule 10 to provide that the EPPR charge on apples is 0.05 of a cent per kilogram of apples.

 

Item 3 amends paragraph 3.7(2)(b) of Schedule 10 to provide that the EPPR charge on pears is 0.05 of a cent per kilogram of pears.

 

 

 

 

 

 

 

 


Attachment B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Primary Industries (Customs) Charges Amendment (Almonds, Apples and Pears) Regulation 2017

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the Primary Industries (Customs) Charges Amendment (Almonds, Apples and Pears) Regulations 2017 (the Regulations) is to activate the Emergency Plant Pest Response charge on:

  • almonds (other than almonds of the Nonpareil variety) in their shells to 0.1 of a cent per kilogram,
  • almonds of the Nonpareil variety in their shells to 0.1 of a cent per kilogram,
  • shelled almonds to 0.13 of a cent per kilogram,
  • apples to 0.05 of a cent per kilogram, and
  • pears to 0.05 of a cent per kilogram.

 

The Regulations commence on 1 October 2017.

 

Human rights implications

These Regulations do not engage any of the applicable rights or freedoms.

 

Conclusion

 

The measures in the Regulations are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 as the Regulations do not engage any human rights issues.

 

 

The Hon. Barnaby Joyce MP

Deputy Prime Minister and Minister for Agriculture and Water Resources

 

Overview

The Primary Industries (Customs) Charges Amendment (Almonds, Apples and Pears) Regulations 2017 were enacted to activate the Emergency Plant Pest Response (EPPR) charge on specific agricultural exports, namely almonds, apples, and pears, in response to requests from the Almond Board of Australia and Apple and Pear Australia Limited. These regulations aim to repay the Australian Government for costs incurred in relation to the eradication of varroa mite from Queensland and the national exotic fruit fly in Torres Strait eradication program. Authorised by Section 8 of the Primary Industries (Customs) Charges Act 1999, the regulations establish a charge of 0.1 of a cent per kilogram for almonds (both Nonpareil and non-Nonpareil varieties in their shells and shelled almonds) and 0.05 of a cent per kilogram for both apples and pears. The charge rates were calculated to ensure repayment within five years based on estimated production, though no specified end date is set for the charges, with intentions to reset them to nil upon completion of repayment. The Australian Government has assessed these charges to be minimal in impact on the overall price of the products, and the regulations have been implemented following consultation with the relevant industries and a minimal objection period.

Scope and Application

The Primary Industries (Customs) Charges Amendment (Almonds, Apples and Pears) Regulations 2017 applies to the export of almonds, apples, and pears from Australia. It targets specific types and forms of these commodities to activate an Emergency Plant Pest Response (EPPR) charge, which is a fiscal measure intended to address and mitigate plant pest risks associated with the export of these products. The regulation is enacted under the Primary Industries (Customs) Charges Act 1999 and is applicable nationally, thus affecting all entities involved in the export of almonds, apples, and pears across the country. The geographic reach of the regulations is nationwide, imposing the specified charges on exports regardless of the destination outside Australia. The charges are set at a rate of 0.1 cent per kilogram for almonds in their shells (excluding Nonpareil variety) and Nonpareil variety in their shells, 0.13 cent per kilogram for shelled almonds, and 0.05 cent per kilogram for both apples and pears. The regulation does not specify any exclusions or exemptions but allows for the deactivation of the charges once the intended financial objectives are met. The Department of Agriculture and Water Resources administers and collects these charges, disbursing the collected funds to relevant recipient bodies to cover costs related to plant pest responses and eradication programs. The regulation is designed to be implemented without a specified end date, though it is expected that the charges will be reset to nil upon the completion of debt repayment. This approach ensures that the industry’s financial obligations to the Australian Government are fulfilled within a reasonable timeframe, aligning with the EPPR Deed requirements. The activation of these charges follows consultations with industry stakeholders and is consistent with the Australian Government Levy Principles and Guidelines, ensuring that the financial burden is fairly distributed among the industry participants.

Key Provisions

The Primary Industries (Customs) Charges Amendment (Almonds, Apples and Pears) Regulations 2017 (the Regulations) amends the Primary Industries (Customs) Charges Regulations 2000 to introduce new Emergency Plant Pest Response (EPPR) charges on almonds, apples and pears exported from Australia. Under Section 4 of the Regulations, the Primary Industries (Customs) Charges Regulations 2000 are amended to set the EPPR charge for almonds in their shells, except for Nonpareil variety, at 0.1 of a cent per kilogram (Schedule 1, Item 1(a)). For almonds of the Nonpareil variety in their shells, the charge is set at 0.1 of a cent per kilogram (Schedule 1, Item 1(b)), and for shelled almonds, the charge is set at 0.13 of a cent per kilogram (Schedule 1, Item 1(c)). For apples, the EPPR charge is set at 0.05 of a cent per kilogram (Schedule 1, Item 2), and for pears, the EPPR charge is also set at 0.05 of a cent per kilogram (Schedule 1, Item 3). The Regulations impose specific obligations on the Department of Agriculture and Water Resources, which is responsible for collecting the charges and disbursing the funds to the relevant recipient bodies. The department must ensure that the charges are imposed in accordance with the specified rates, and that the funds collected are used for the intended purposes, such as repaying the Australian Government for costs incurred in relation to plant pest responses and eradication programs. Additionally, the department must notify charge payers of the new charges and ensure that the charges are implemented without a specified end date, although the industry intends to request that the charges be reset to nil once the repayment is complete. Breaches of the Regulations may result in civil or criminal consequences. Under Section 30 of the Primary Industries (Customs) Charges Act 1999, any person who contravenes a charge imposed by the Regulations may be liable to a penalty. The maximum penalty for a civil penalty offence is generally set out in the Act, which can be up to 50 penalty units ($9,950 as at June 2023) for individuals and 250 penalty units ($49,750) for bodies corporate, depending on the nature and severity of the offence. In cases of criminal offences, the penalties may include fines and imprisonment, with the exact penalties depending on the specific provisions of the Customs Charges Act. It is essential for parties governed by the Regulations to comply with the prescribed charges and the procedures for their collection and disbursement to avoid any potential penalties or legal consequences.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.