Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 4)

Administered by Department of Agriculture

Legislation au F2004B00139 Regulations Not in force Legislative Instrument

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Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 4) 2004 No. 119

EXPLANATORY STATEMENT

STATUTORY RULES 2004 No. 119

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 2004 (No. 4)
Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 4)

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.

The purpose of the Regulations is to alter the existing statutory levy and export charge on custard apples, without changing the overall impost, to:

•       13 cents per standard tray; 13 cents per standard box; and $16 per tonne; to go to Horticulture Australia Limited (HAL) for marketing; and

•       27 cents per standard tray; 27 cents per standard box; and $34 per tonne; to go to HAL for research and development (R&D).

HAL is the relevant industry services body for the administration of the custard apple industry levy and charge. HAL co-ordinates marketing and R&D programs for many horticultural industries. HA L is funded by statutory levies and export charges, voluntary contributions and Australian Government matching funding for eligible R&D expenditure. This matching funding is provided under the Horticultural Marketing and Research and Development Services Act 2000.

Primary Industries (Excise) Levies Regulations 1999

Subclause 4(1) of Schedule 15 to the Levies Act provides that regulations may fix rates of levy for marketing purposes.

Subclause 4(3) of Schedule 15 to the Levies Act provides that regulations may fix rates of levy for R&D purposes.

Subclause 6(4) of Schedule 15 to the Levies Act provides that before the Governor-General makes regulations to fix rates of levy for marketing, the Minister must take into consideration any relevant recommendations made to the Minister by HAL.

Subclause 6(6) of Schedule 15 to the Levies Act provides that before the Governor-General makes regulations to fix rates of levy for R&D, the Minister must take into consideration any relevant recommendations made to the Minister by HAL.

Subclause 6(7) of Schedule 15 to the Levies Act requires HAL to consult with the body that is the eligible industry body for the relevant horticultural product before recommending rates of levy for marketing to the Minister.

Subclause 6(8) of Schedule 15 to the Levies Act requires HAL to consult with the body that is the eligible industry body for the relevant horticultural product before recommending rates of levy for R&D to the Minister.

Subclause 6(9) of Schedule 15 to the Levies Act requires 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 Australian Custard Apple Growers Association Inc (ACAGA) as the eligible industry body with which HAL must consult in relation to custard apples. ACAGA proposed a change in the statutory levy on custard apples to HAL, and HAL in turn recommended the change to the Minister. The Regulations give effect to the recommendation of HAL, which is consistent with the custard apple industry's request.

Primary Industries (Customs) Charges Regulations 2000

Subclause 3(3) of Schedule 10 to the Charges Act provides that regulations may fix rates of export charge for marketing purposes.

Subclause 3(5) of Schedule 10 to the Charges Act provides that regulations may fix rates of export charge for R&D purposes.

Subclause 5(3) of Schedule 10 to the Charges Act provides that before the Governor-General makes regulations to fix rates of export charge for marketing, the Minister must take into consideration any relevant recommendations made to the Minister by HAL.

Subclause 5(5) of Schedule 10 to the Charges Act provides that before the Governor-General makes regulations to fix rates of export charge for R&D, the Minister must take into consideration any relevant recommendations made to the Minister by HAL.

Subclause 5(6) of Schedule 10 to the Charges Act requires HAL to consult with the body that is the eligible industry body for the relevant horticultural product before recommending rates of export charge for marketing to the Minister.

Subclause 5(7) of Schedule 10 to the Charges Act requires HAL to consult with the body that is the eligible industry body for the relevant horticultural product before recommending rates of export charge for R&D to the Minister.

Subclause 5(8) of Schedule 10 to the Charges Act requires 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 Australian Custard Apple Growers Association Inc (ACAGA) as the eligible industry body with which HAL must consult in relation to custard apples. ACAGA proposed a change in the statutory export charge on custard apples to HAL, and HAL in turn recommended the change to the Minister. The Regulations give effect to the recommendation of HAL, which is consistent with the custard apple industry's request.

The Regulations implement the proposal by ACAGA for a change in the mix of the statutory levy and export charge on custard apples between the marketing component and the R&D component, without changing the overall impost. The ACAGA proposed that the current levy/charge apportioned 50% to marketing and 50% to R&D to be changed to 32% to marketing and 68% to R&D so that:

•       the marketing levy/charge component becomes 13 cents per standard tray (down from 20 cents); 13 cents per standard box (down from 20 cents); and $16 per tonne (down from $25 per tonne); and;

•       the R&D levy/charge component becomes 27 cents per standard tray (up from 20 cents); 27 cents per standard box (up from 20 cents); and $34 per tonne (up from $25 per tonne).

The total levy and export charge on custard apple growers remains unchanged at: 40 cents per standard tray; 40 cents per standard box; and $50 per tonne. The increased R&D levy and export charge component would result in increased dollar for dollar matching by the Australian Government on R&D expenditure under the Horticulture Marketing and Research and Development Services Act 2000.

Arrangements for the collection and administration of the levy and export charge on custard apples are provided for in Part 8 of Schedule 22 to the Primary Industries Levies and Charges Collection Regulations 1991.

Details of the regulations are contained in the attachment.

The Office of Regulation Review (ORR) was consulted in the preparation of the Regulations. ORR has advised that it is not necessary to prepare a Regulation Impact Statement on this matter (ORR no 6134).

The regulations commence on 1 July 2004.

0403384A
0403384B

ATTACHMENT

DETAILS OF THE PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2004 (No. 4)

Regulation 1 provides for the name of the Regulations to be the Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 4).

Regulation 2 provides for the Regulations to commence on 1 July 2004.

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

Schedule 1 Amendments

Item [1] and Item [2] prescribe new rates of levy for the marketing component on custard apples of 13 cents per standard tray, 13 cents per standard box and $16 per tonne.

Item [3] and Item [4] prescribe new rates of levy for the research and development component on custard apples of 27 cents per standard tray, 27 cents per standard box and $34 per tonne.

DETAILS OF THE PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATIONS 2004 (No. 4)

Regulation 1 provides for the name of the Regulations to be the Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 4).

Regulation 2 provides for the Regulations to commence on 1 July 2004.

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

Schedule 1 Amendments

Item [1] and Item [2] prescribe new rates of export charge for the marketing component on custard apples of 13 cents per standard tray, 13 cents per standard box and $16 per tonne.

Item [3] and Item [4] prescribe new rates of export charge for the research and development component on custard apples of 27 cents per standard tray, 27 cents per standard box and $34 per tonne.

 

Overview

The Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 4) and the Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 4) were enacted in 2004 to adjust the statutory levy and export charge on custard apples while maintaining the overall impost. These regulations were issued under the authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry and are amendments to the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999. The policy objective of these regulations is to alter the allocation of levies and charges towards marketing and research and development activities within the custard apple industry, as recommended by the Australian Custard Apple Growers Association Inc and endorsed by Horticulture Australia Limited. The changes ensure that the total levy and export charge on custard apples remains at 40 cents per standard tray, 40 cents per standard box, and $50 per tonne, while modifying the distribution to reflect the industry's priorities.

Scope and Application

The Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 4) and the Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 4) apply to entities involved in the production, marketing, and export of custard apples within Australia. These regulations were enacted to implement changes to the statutory levy and export charge rates on custard apples as recommended by Horticulture Australia Limited (HAL), the industry services body for administering the levy and charge, and in consultation with the Australian Custard Apple Growers Association Inc (ACAGA), the eligible industry body. The regulations adjust the rates of levy and export charge to 13 cents per standard tray and box, and $16 per tonne for marketing purposes, and 27 cents per standard tray and box, and $34 per tonne for research and development purposes. These changes maintain the total levy and export charge at 40 cents per standard tray, 40 cents per standard box, and $50 per tonne, but alter the allocation of these charges between marketing and research and development activities. The regulations are applicable nationwide and provide for the collection and administration of these levies and charges under the Primary Industries Levies and Charges Collection Regulations 1991. The amendments do not specify any exclusions or exemptions and are effective from 1 July 2004.

Key Provisions

The Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 4) and the Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 4) establish new rates for levies and export charges on custard apples, effective from 1 July 2004. These regulations are amendments to the Primary Industries (Excise) Levies Regulations 1999 and the Primary Industries (Customs) Charges Regulations 2000, respectively, and they alter the existing statutory levy and export charge on custard apples (sections 2 and 3). The new rates are set at 13 cents per standard tray and 13 cents per standard box for marketing purposes, and 27 cents per standard tray and 27 cents per standard box for research and development (R&D) purposes, with a corresponding change in the per tonne rate from $25 to $16 for marketing and from $25 to $34 for R&D (Schedule 1, Items [1] to [4]). Despite these changes, the overall financial burden on custard apple growers remains the same, with a total levy and export charge of 40 cents per standard tray, 40 cents per standard box, and $50 per tonne. The regulations impose certain obligations on the parties involved. Horticulture Australia Limited (HAL), as the industry services body, is required to consult with the Australian Custard Apple Growers Association Inc (ACAGA), the designated eligible industry body, before making recommendations to the Minister for changes in levy and export charge rates (Schedule 15, subclauses 6(7) and 6(8) of the Levies Act and Schedule 10, subclauses 5(6) and 5(7) of the Charges Act). Additionally, any recommendation by HAL must be accompanied by a written statement of ACAGA's views on the proposed changes (Schedule 15, subclause 6(9) of the Levies Act and Schedule 10, subclause 5(8) of the Charges Act). The Minister, in turn, must consider these recommendations before making regulations (Schedule 15, subclauses 6(5) and 6(6) of the Levies Act and Schedule 10, subclauses 5(4) and 5(5) of the Charges Act). Failure to comply with the provisions of these regulations could result in legal consequences. Although the specific offences and penalties are not detailed in the explanatory statement, non-compliance with statutory levies and export charges could potentially lead to civil or criminal penalties under the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999. Penalties for non-compliance with these Acts could include fines, imprisonment, or both, depending on the nature and severity of the breach. The precise penalties would be determined based on the specific provisions of the Acts and any relevant case law.

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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.