Primary Industries Levies and Charges (Apple and Pear) Regulations (Amendment) 1991 No. 403
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 403
Issued by the Authority of the Minister for Primary Industries and Energy Primary Industries Levies and Charges Collection Act 1991
Horticultural Levy Act 1987
Horticultural Export Charge Act 1987
Primary Industries Levies and Charges (Apple and Pear) Regulations (Amendment)
Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations (Amendment)
The Horticultural Levy Act 1987 (the Levy Act), the Horticultural Export Charge Act 1987 (the Export Charge Act) and the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provide for the imposition and collection of levy and export charge to fund the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC). The HRDC carries out joint industry/government funded research and development activities for Australian horticultural industries.
Section 9 of the Levy Act and section 9 of the Export Charge Act permit the rate of levy and export charge, respectively, destined for the HRDC to be fixed by regulation.
The Primary Industries Levies and Charges (Apple and Pear) Regulations and the Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations provide for the manner of payment and rate of levy and export charge payable by apple, pear and nashi growers to fund the HRDC's activities.
At the annual conference of the Australian Apple and Pear Growers Association (AAPGA) in August 1991, the Association agreed to increase the levy and export charge collected on apple and pear growers to those provided for in the proposed regulations. Also at the recent annual meeting of the Australian Nashi Growers Association (ANGA) it was agreed to increase the levy collected on nashi growers to those provided for in the proposed regulations. Both the AAPGA and the ANGA advise that the increases should be directed, in full, to the HRDC and that there be no increase in the levy and export charge payable to the AHC. The increases are designed to provide additional funds for industry research and development.
The Chairman of the HRDC recommended the proposed increases in levy and export charge to the Minister for Primary Industries and Energy and advised that he had the full support of the AAPGA and the ANGA. Copies of the Corporation's
recommendations and corroborating advice from the AAPGA and the ANGA are at Attachment C.
The increases in the rate of levy and export charge payable by apple and pear and nashi growers are: levy and export charge on fresh apples and pears from 16 cents per box to 17 cents per box; levy on juicing apples, pears and nashis from $1.60 per tonne to $1.70 per tonne; levy on processing apples, pears and nashis from $3.20 per tonne to $3.40 per tonne. The increases are to take effect from 1 January 1992.
Details of the proposed regulations increasing the levy on apple, pear and nashi growers and increasing the export charge on apple and pear growers are given at Attachment A and Attachment B, respectively.
ATTACHMENT A
DETAILS OF THE PRIMARY INDUSTRIES LEVIES AND CHARGES (APPLE AND PEAR) REGULATIONS AMENDMENT
Regulation 1 gives the date of commencement of the Regulations as 1 January 1992.
Regulation 2 defines the Regulations to be amended as the Primary Industries Levies and Charges (Apple and Pear) Regulations.
Regulation 3 substitutes a new Regulation 7 by removing the reference to the percentage of levy destined for the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC) and by prescribing the rate of levy payable to the AHC and to the HRDC as that specified in the Schedule.
Regulation 4 substitutes a new Schedule in order to prescribe the separate actual amounts of levy destined for each of the AHC and the HRDC. The new Schedule also increases the rates of levy payable to the HRDC by
1 cent per box on fresh apples and pears
$0.10 per tonne on juicing apples, pears and nashis
$0.20 per tonne on processing apples, pears and nashis.
Overview
The Primary Industries Levies and Charges (Apple and Pear) Regulations (Amendment) 1991 No. 403 was enacted to address a gap in funding for research and development activities within the Australian horticultural industry. These regulations amend the Primary Industries Levies and Charges (Apple and Pear) Regulations to adjust the rates of levy and export charge for apple, pear, and nashi growers. This adjustment was recommended by the Horticultural Research and Development Corporation (HRDC) to provide additional funds for industry research and development. The enacting body responsible for this amendment is the Minister for Primary Industries and Energy, and the policy objective is to ensure sufficient funding for research and development initiatives within the Australian horticultural sector. The increase in levies and charges was supported by the Australian Apple and Pear Growers Association and the Australian Nashi Growers Association, with the aim of directing the additional funds solely to the HRDC and not to the Australian Horticultural Corporation (AHC).
Scope and Application
The Primary Industries Levies and Charges (Apple and Pear) Regulations (Amendment) 1991 applies to apple, pear, and nashi growers within Australia and regulates the rates of levy and export charge they must pay to fund the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC). These regulations were enacted under the authority of the Minister for Primary Industries and Energy and are an amendment to the Primary Industries Levies and Charges (Apple and Pear) Regulations. The regulations are designed to increase the rates of levy and export charge for these specific growers to direct additional funds towards research and development activities within the horticultural industry. The increased levies are effective from 1 January 1992, and the amendments specify the new rates payable to both the AHC and the HRDC, with the additional funds going entirely to the HRDC as agreed by the Australian Apple and Pear Growers Association and the Australian Nashi Growers Association.
Key Provisions
The Primary Industries Levies and Charges (Apple and Pear) Regulations (Amendment) 1991 (No. 403) amends the existing regulations to adjust the rates of levies and export charges imposed on apple, pear, and nashi growers in Australia. Specifically, Regulation 3 updates Regulation 7 by removing the previous allocation percentages for the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC), and instead prescribes the exact rates of levy payable to each corporation as detailed in the new Schedule. Regulation 4 introduces a new Schedule which specifies the precise amounts of levy allocated to the AHC and the HRDC, and increases the levy rates payable to the HRDC by 1 cent per box for fresh apples and pears, $0.10 per tonne for juicing apples, pears, and nashis, and $0.20 per tonne for processing apples, pears, and nashis. These amendments come into effect from 1 January 1992.
The amended regulations impose specific obligations on apple, pear, and nashi growers to comply with the new levy rates set forth in the Schedule. Growers are required to adjust their payment calculations to reflect the increased amounts payable to the AHC and the HRDC starting from 1 January 1992. The regulations ensure that the additional funds generated from these increases are directed entirely to the HRDC to support industry research and development activities. Both the Australian Apple and Pear Growers Association (AAPGA) and the Australian Nashi Growers Association (ANGA) have endorsed these changes, and their support is reflected in the recommendations submitted to the Minister for Primary Industries and Energy.
Failure to comply with the new levy rates specified in the amended regulations could result in various consequences. While the explanatory statement does not explicitly outline specific offences or penalties, non-compliance with statutory regulations typically attracts civil or criminal penalties under the governing Acts. For instance, under the Primary Industries Levies and Charges Collection Act 1991, penalties for non-compliance could include fines or other financial penalties. Additionally, persistent non-compliance might lead to legal actions or enforcement measures by the relevant authorities, impacting the growers' operations and compliance standing.