Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 5)

Administered by Department of Agriculture

Legislation au F2003B00091 Regulations Not in force Legislative Instrument

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Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 5) 2003 No. 79

EXPLANATORY STATEMENT

STATUTORY RULES 2003 No. 79

Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

Primary Industries (Excise) Levies Act 1999

Primary Industries (Customs) Charges Act 1999

Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 5)

Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 5)

Section 8 of both the Primary Industries (Excise) Levies Act 1999 (the Levies Act) and the Primary Industries (Customs) Charges Act 1999 (the Charges Act) provide that the Governor-General may make regulations prescribing matters required or permitted by those Acts to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to each Act.

Subclause 4(1) of Schedule 15 of the Levies Act and subclause 3(3) of Schedule 10 of the Charges Act provide that regulations may fix a rate of levy and export charge, respectively, for marketing purposes.

Subclause 4(3) of Schedule 15 of the Levies Act and subclause 3(5) of Schedule 10 of the Charges Act provide that regulations may fix a rate of levy and export charge, respectively, for R&D purposes.

The apple and pear industry currently pays the following statutory levies and export charges on fresh apples and pears to Horticulture Australia Limited (HAL): a marketing levy/charge of 1.11c/kg on apples; a marketing levy/charge of 1.25c/kg on pears; a research and development (R&D) levy/charge of 0.34 of a c/kg on apples; and an R&D levy/charge of 0.33 of a c/kg on pears.

The purpose of the regulations is to implement a proposal by Apple & Pear Australia Limited (APAL) (formerly the Australian Apple and Pear Growers Association (AAPGA)) to change the mix of the statutory levies and export charges on fresh apples and pears between the marketing components and the R&D components, without changing the overall total rates of the levies/charges. The APAL proposal is for the total levies/charges paid to HAL to remain unchanged but for:

•       the apple marketing levy/charge component to decrease from 1.11c/kg to 0.855 of a c/kg;

•       the pear marketing levy/charge component to decrease from 1.25c/kg to 0.977 of a c/kg;

•       the apple R&D levy/charge component to increase from 0.34 of a c/kg to 0.595 of a c/kg; and

•       the pear R&D levy/charge component to increase from 0.33 of a c/kg to 0.603 of a c/kg.

The regulations also update the names of four eligible industry bodies for the purposes of both the Levies Act and the Charges Act.

Subclause 6(4) of Schedule 15 of the Levies Act and subclause 5(3) of Schedule 10 of the Charges Act provide that before the Governor-General makes regulations to respectively fix rates of levy and export charge for marketing the Minister must take into consideration any relevant recommendations made to the Minister by HAL.

Subclause 6(6) of Schedule 15 of the Levies Act and subclause 5(5) of Schedule 10 of the Charges Act provide that before the Governor-General makes regulations to respectively fix rates of levy and export charge for R&D the Minister must take into consideration any relevant recommendations made to the Minister by HAL.

Subclause 6(7) of Schedule 15 of the Levies Act and subclause 5(6) of Schedule 10 of the Charges Act respectively require HAL to consult with the body that is the eligible industry body for the relevant horticultural product before recommending rates of levy and export charge for marketing to the Minister.

Subclause 6(8) of Schedule 15 of the Levies Act and subclause 5(7) of Schedule 10 of the Charges Act respectively require HAL to consult with the body that is the eligible industry body for the relevant horticultural product before recommending rates of levy and export charge for R&D to the Minister.

Subclause 6(9) of Schedule 15 of the Levies Act and subclause 5(8) of Schedule 10 of the Charges Act require that a recommendation made by HAL to the Minister be accompanied by a written statement of the views of the industry body consulted in relation to the recommendation. The Regulations prescribe the AAPGA (but see below regarding name change) as the eligible industry body with which HAL must consult in relation to apples and pears. HAL recommended the change in the mix of the statutory levies and export charges on apples and pears between the marketing components and the R&D components to the Minister after consultation with APAL. The Regulations give effect to the recommendations of HAL, which are consistent with the apple and pear industry's request.

The Regulations:

•       set a levy/charge rate of 0.855 of a c/kg on fresh apples to go to HAL for marketing;

•       set a levy/charge rate of 0.977 of a c/kg on fresh pears to go to HAL for marketing;

•       set a levy/charge rate of 0.595 of a c/kg on fresh apples to go to HAL for R&D; and

•       set a levy/charge rate of 0.603 of a c/kg on fresh pears to go to HAL for R&D.

In addition, the opportunity has been taken to make machinery changes to Schedule 15 of the Primary Industries (Excise) Levies Regulations 1999 and Schedule 10 of the Primary Industries (Customs) Charges Amendment Regulations 2000 by updating name changes which have occurred for the following four eligible industry bodies:

•       Australian Apple and Pear Growers' Association to Apple & Pear Australia Limited (ABN no. 55 490 626 489);

•       Australian Almond Growers' Association Incorporated to Almond Board of Australia Inc (ABN no. 31 709 079 099);

•       Nursery Industry Association of Australia to Nursery & Garden Industry Australia Ltd (ABN no. 37 001 318 136); and

•       Australian Fresh Stone Fruit Growers Association Inc. to Summerfruit Australia Inc (ABN no. 95 389 475 289).

Details of the regulations are contained in the attachment.

The Office of Regulation Review (ORR) was consulted in the preparation of the Regulations. ORR have advised that it is not necessary to prepare a Regulation Impact Statement on this matter (ORR no 2003/3469).

The Regulations commence on 1 June 2003.

0301481A
0301483A

ATTACHMENT

PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2003 (No. 5)

Regulation 1 provides for the name of the regulations to be the Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 5).

Regulation 2 provides for the commencement date to be 1 June 2003.

Regulation 3 provides that Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999.

Schedule 1 [1] updates the name of an eligible industry body from Australian Almond Growers' Association Incorporated to Almond Board of Australia Inc (ABN no. 31 709 079 099);

Schedule 1 [2] prescribes that the rate of marketing levy on fresh apples destined for Horticulture Australia Limited is reduced from 1.11c/kg to 0.855 of a c/kg.

Schedule 1 [3] prescribes that the rate of marketing levy on fresh pears destined for Horticulture Australia Limited is reduced from 1.25c/kg to 0.977 of a c/kg.

Schedule 1 [4] prescribes that the rate of research and development levy on fresh apples destined for Horticulture Australia Limited is increased from 0.34 of a c/kg to 0.595 of a c/kg.

Schedule 1 [5] prescribes that the rate of research and development levy on fresh pears destined for Horticulture Australia Limited is increased from 0.33 of a c/kg to 0.603 of a c/kg.

Schedule 1 [6] updates the name of an eligible industry body from Apple and Pear Growers' Association to Apple & Pear Australia Limited (ABN no. 55 490 626 489).

Schedule 1 [7] updates the name of an eligible industry body from Nursery Industry Association of Australia to Nursery & Garden Industry Australia Ltd (ABN no. 37 001 318 136).

Schedule 1 [8] updates the name of an eligible industry body from Australian Fresh Stone Fruit Growers Association Inc. to Summerfruit Australia Inc (ABN no. 95 389 475 289).

PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATIONS 2003 (No.  5)

Regulation 1 provides for the name of the regulations to be the Primary Industries (Customs) Charges Amendment Regulations 2003 (No.  5).

Regulation 2 provides for the commencement date to be 1 June 2003.

Regulation 3 provides that Schedule 1 amends the Primary Industries (Customs) Charges Amendment Regulations 2000.

Schedule 1 [1] updates the name of an eligible industry body from Australian Almond Growers' Association Incorporated to Almond Board of Australia Inc (ABN no. 31 709 079 099);

Schedule 1 [2] prescribes that the rate of marketing charge on fresh apples destined for Horticulture Australia Limited is reduced from 1.1 lc/kg to 0.855 of a c/kg.

Schedule 1 [3] prescribes that the rate of marketing charge on fresh pears destined for Horticulture Australia Limited is reduced from 1.25c/kg to 0.977 of a c/kg.

Schedule 1 [4] prescribes that the rate of research and development charge on fresh apples destined for Horticulture Australia Limited is increased from 0.34 of a c/kg to 0.595 of a c/kg.

Schedule 1 [5] prescribes that the rate of research and development charge on fresh pears destined for Horticulture Australia Limited is increased from 0.33 of a c/kg to 0.603 of a c/kg.

Schedule 1 [6] updates the name of an eligible industry body from Apple and Pear Growers' Association to Apple & Pear Australia Limited (ABN no. 55 490 626 489).

Schedule 1 [7] updates the name of an eligible industry body from Australian Fresh Stone Fruit Growers Association Inc. to Summerfruit Australia Inc (ABN no. 95 389 475 289).

 

Overview

The Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 5) were enacted to address the need for adjusting the mix of statutory levies and export charges for fresh apples and pears between marketing and research and development (R&D) components without altering the overall total rates. The regulations were issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry under the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999. The policy objective was to implement a proposal by Apple & Pear Australia Limited, formerly the Australian Apple and Pear Growers Association, which aimed to decrease the marketing levy/charge for both apples and pears while increasing the R&D levy/charge for the same products. The regulations also updated the names of four eligible industry bodies for the purposes of the Levies Act and the Charges Act, reflecting industry changes.

Scope and Application

The Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 5) applies to the apple and pear industry, specifically to entities involved in the production and marketing of fresh apples and pears in Australia. These entities are required to pay statutory levies and export charges to Horticulture Australia Limited (HAL). The regulations modify the rates of these charges, adjusting the distribution between marketing and research and development (R&D) components, while maintaining the overall total rates. This amendment is made in response to a proposal by Apple & Pear Australia Limited (APAL) and in consultation with HAL. The regulations have a national reach, as they pertain to primary industries across Australia and are governed by the Commonwealth through the Primary Industries (Customs) Charges Act 1999. The regulations do not explicitly state any exclusions or thresholds; however, they do update the names of several eligible industry bodies involved in the process of recommending charge rates to the Minister. The scope of these regulations is further extended through subordinate instruments that update the names of eligible industry bodies.

Key Provisions

The Primary Industries (Customs) Charges Amendment Regulations 2003 (No. 5) and the Primary Industries (Excise) Levies Amendment Regulations 2003 (No. 5) introduce amendments to the statutory levies and export charges for fresh apples and pears (sections 1 to 8). These regulations were enacted to implement a proposal by Apple & Pear Australia Limited (APAL), formerly known as the Australian Apple and Pear Growers Association (AAPGA), to adjust the distribution of statutory levies and export charges between marketing and research and development (R&D) components. The total rates of these charges remain unchanged, but the allocation shifts: the marketing levy/charge for apples decreases from 1.11c/kg to 0.855c/kg, and for pears from 1.25c/kg to 0.977c/kg. Conversely, the R&D levy/charge for apples increases from 0.34c/kg to 0.595c/kg, and for pears from 0.33c/kg to 0.603c/kg. The regulations also update the names of four eligible industry bodies as per the statutory requirements outlined in the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999. These regulations impose specific obligations on the entities they govern. The Minister for Agriculture, Fisheries, and Forestry must consider recommendations from Horticulture Australia Limited (HAL) before fixing rates of levy and export charge for both marketing and R&D purposes, as stipulated in sections 6(4) and 6(6) of the Levies Act and sections 5(3) and 5(5) of the Charges Act. Furthermore, HAL must consult with the relevant industry body, such as APAL for apples and pears, before recommending these rates to the Minister, as per sections 6(7), 6(8), 5(6), and 5(7) of the Levies Act and Charges Act. HAL is also required to provide a written statement of the consulted industry body's views with any recommendations made to the Minister, as outlined in sections 6(9) and 5(8) of the respective Acts. Non-compliance with these regulations may result in civil or criminal consequences depending on the severity of the breach. However, the specific penalties for breaches of these regulations are not detailed in the explanatory statement. Typically, breaches of regulations under the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999 could result in fines or other penalties as prescribed by the Acts. The exact penalties would be determined in accordance with the respective Acts and any applicable guidelines or case law.

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