Primary Industries Levies and Charges (Apple and Pear) Regulations
(Amendment) 1992 No. 146
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 146
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 AHC carries out industry-funded domestic and export promotion for Australian horticultural industries.
Section 8 of the Levy Act and section 8 of the Export Charge Act permit the rates of levy and export charge, respectively, destined for the AHC 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 AHC's activities.
At the annual conference of the Australian Apple and Pear Growers Association (AAPGA) in August 1991, the Association agreed to increase the AHC component of levy and export charge collected on apple and pear growers.
The AAPGA advises that the increases should be directed, in full, to the AHC and that there be no increase in the levy and export charge payable to the Horticultural Research and development Corporation, which were amended in December 1991. The increases are designed to provide additional funds for AHC activities concerning the apple and pear industry.
The Managing Director of the AHC 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. Copies of the Corporation's recommendations and corroborating advice from the AAPGA are at Attachments A and B.
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 17 cents per box to 18 cents per box; levy on juicing apples and pears from $1.70 per tonne to $1.80 per tonne; levy on processing apples and pears from $3.40 per tonne to $3.60 per tonne. The increases are to take effect from 1 July 1992.
Details of the amendments are at Attachments C and D.
ATTACHMENT C
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 July 1992.
Regulation 2 defines the Regulations to be amended as the Primary Industries Levies and Charges (Apple and Pear) Regulations.
Regulation 3 amends the schedules of rates of levy and rate of export charge 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. The amended Schedule increases the rates of levy payable to the AHC by
• 1 cent per box on fresh apples and pears
• $0.10 per tonne on juicing apples and pears
• $0.20 per tonne on processing apples and pears.
Overview
The Primary Industries Levies and Charges (Apple and Pear) Regulations (Amendment) 1992 No. 146 was enacted to address the need for increased funding for the Australian Horticultural Corporation (AHC) through amendments to the existing levies and charges on apple and pear growers. This regulation was issued under the authority of the Minister for Primary Industries and Energy, as part of a broader legislative framework that includes the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, and the Primary Industries Levies and Charges Collection Act 1991. The policy objective behind these amendments was to align the financial contributions of apple and pear growers with the increased promotional and developmental activities of the AHC, as recommended by the Australian Apple and Pear Growers Association (AAPGA) and supported by the AHC's Managing Director. The amendments aim to provide the AHC with additional resources to enhance its industry-funded domestic and export promotion efforts for the apple and pear sector, without increasing the charges levied on the Horticultural Research and Development Corporation.
Scope and Application
The Primary Industries Levies and Charges (Apple and Pear) Regulations (Amendment) 1992 No. 146 applies to apple, pear, and nashi growers in Australia who are subject to the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987. These regulations were enacted to amend the rates of levy and export charge payable by these growers to fund the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC). The amendments were made following the recommendation by the Managing Director of the AHC, supported by the Australian Apple and Pear Growers Association (AAPGA), to increase the levy and export charge rates for the apple and pear industry. The amendments specifically increase the levy and export charge on fresh apples and pears from 17 cents per box to 18 cents per box, the levy on juicing apples and pears from $1.70 per tonne to $1.80 per tonne, and the levy on processing apples and pears from $3.40 per tonne to $3.60 per tonne, effective from 1 July 1992. The regulations extend to the entire Commonwealth of Australia, applying uniformly across all states and territories. There are no specific exclusions or exemptions mentioned in the text, and the application is direct and comprehensive for the targeted growers. The regulations are an extension of the primary acts and do not rely on subordinate instruments for their application.
Key Provisions
The Primary Industries Levies and Charges (Apple and Pear) Regulations (Amendment) 1992 No. 146 introduces several key changes to the existing regulations concerning the levies and charges for apple and pear growers. Regulation 1 specifies the commencement date of these amendments, which is 1 July 1992. Regulation 2 identifies the existing regulations that are subject to amendment, namely the Primary Industries Levies and Charges (Apple and Pear) Regulations. Regulation 3 details the new rates of levy and export charge payable to the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC), as outlined in the amended schedules.
These regulations impose specific obligations on apple and pear growers to pay the increased levies and export charges as specified. The amendments require growers to adjust their payments from 1 July 1992, adhering to the new rates set forth in the amended schedules. The levy on fresh apples and pears increases by 1 cent per box, from 17 cents to 18 cents per box. Additionally, the levy on juicing apples and pears increases by $0.10 per tonne, and the levy on processing apples and pears increases by $0.20 per tonne. These changes are intended to ensure that additional funds are directed towards AHC activities as recommended by the Australian Apple and Pear Growers Association (AAPGA).
Failure to comply with the new levy and export charge rates could result in legal consequences. Although the explanatory statement does not explicitly outline penalties for non-compliance, under the Primary Industries Levies and Charges Collection Act 1991, penalties for non-payment or underpayment of levies can include fines and potential legal action. The maximum penalties could vary depending on the extent of non-compliance and the specific provisions of the Act. It is imperative for growers to adhere to these new rates to avoid any potential legal repercussions.