Primary Industries Levies and Charges (Citrus) Regulations (Amendment)

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Primary Industries Levies and Charges (Citrus) Regulations (Amendment) 1992
No. 248
 

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 248

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 (Citrus) 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. The HRDC carries out joint industry/government funded research and development activities 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. section 9 of the Levy Act and section 9 of the Export Charge Act permit the rates of levy and export charge, respectively, destined for the HRDC to be fixed by regulation.

The Primary Industries Levies and Charges (Citrus) 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 citrus growers to fund the activities of the AHC and the HRDC. At the annual conference of the Australian Citrus Growers Federation (ACGF) in May 1992, the Federation agreed to increase both the AHC and the HRDC components of levy and export charge collected on citrus growers. The Managing Director of the UC and the Executive Director of the HRDC recommended the proposed increases in levy and export charge to the Minister for Primary Industries and Energy at the request of the ACGF. Copies of the recommendations from the AHC and the HRDC are at Attachments A and B respectively. Corroborating advice from the ACGF to the AHC and the HRDC are at Attachments C and D respectively.

The increases in the rate of levy and export charge payable by citrus growers are: levy and export charge on citrus not In bulk from 4.5 cents per box to 6 cents per box (of the increase the AHC receives 1 cent per box and the HRDC receives 0.5 cents per box); levy and export charge on citrus in bulk from $2.25 per tonne to $3.00 per tonne; (of the increase the AHC receives $0.50 per tonne and the HRDC receives $0.25 per tonne). The increases are to take effect from 1 September 1992. Details of the amendments are at Attachments E and F.

ATTACHMENT E

DETAILS OF THE PRIMARY INDUSTRIES LEVIES AND CHARGES (CITRUS) REGULATIONS (AMENDMENT)

Regulation 1 gives the date of commencement of the Regulations as 1 September 1992.

Regulation 2 defines the Regulations to be amended as the Primary Industries Levies and Charges (Citrus) Regulations.

Regulation 3 amends the Schedule of rates of levy and export charge destined for the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC) and by prescribing the rates of levy and charge payable to the AHC and to the HRDC as that specified in the Schedule. The amended Schedule increases the rates of levy and charge payable to the AHC by

•       1 cent per box on citrus not in bulk

•       $0.50 per tonne on citrus in bulk.

The amended Schedule increases the rates of levy and charge payable to the HRDC by

•       0.5 cents per box on citrus not in bulk

•       $0.25 per tonne on citrus in bulk.

ATTACHMENT F

DETAILS OF THE PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (HORTICULTURAL EXPORT CHARGE) REGULATIONS (AMENDMENT)

Regulation 1 gives the date of commencement of the Regulations as 1 September 1992.

Regulation 2 defines the Regulations to be amended as the Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations.

Regulation 3 amends the Schedules of rates of levy and export charge destined for the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC) and by prescribing the rate of levy and charge payable to the AHC and to the HRDC as that specified in the Schedule. The amended Schedule increases the rates of levy and charge payable to the AHC by

•       1 cent per box on citrus not in bulk

•       $0.50 per tonne on citrus in bulk.

The amended Schedule increases the rates of levy and charge payable to the HRDC by

•       0.5 cents per box on citrus not in bulk

•       $0.25 per tonne on citrus in bulk.

 

Overview

The Primary Industries Levies and Charges (Citrus) Regulations (Amendment) 1992 No. 248, issued under the authority of the Minister for Primary Industries and Energy, amend the Primary Industries Levies and Charges (Citrus) Regulations to increase the rates of levy and export charge payable by citrus growers. The legislation seeks to address the need for increased funding to support the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC) in their roles of promoting and researching Australian horticultural industries. The amendments were enacted in response to a request from the Australian Citrus Growers Federation and recommendations from the AHC and HRDC, aiming to raise funds for domestic and export promotion activities and joint research and development initiatives. The increases in levy and export charge are set to take effect from 1 September 1992, as outlined in Attachments E and F, which detail the specific amendments to the regulations.

Scope and Application

The Primary Industries Levies and Charges (Citrus) Regulations (Amendment) 1992 No. 248 applies to citrus growers who are required to contribute to the funding of the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC). These entities are responsible for the promotion and research activities of Australian horticultural industries. The regulations are applicable nationwide and are made under the authority of the Minister for Primary Industries and Energy. The amendments specify the increased rates of levy and export charge payable by citrus growers to support the activities of the AHC and HRDC, as recommended by the Australian Citrus Growers Federation (ACGF) and endorsed by the Managing Director of the UC and the Executive Director of the HRDC. These amendments came into effect on 1 September 1992. The regulations do not provide for any exclusions, exemptions, or thresholds; however, they extend and restrict the application of the original Primary Industries Levies and Charges (Citrus) Regulations by altering the rates specified in the Schedule.

Key Provisions

The Primary Industries Levies and Charges (Citrus) Regulations (Amendment) 1992 No. 248 amends the Primary Industries Levies and Charges (Citrus) Regulations to increase the rates of levy and export charge payable by citrus growers. Regulation 3 of these regulations specifies the new rates, which are effective from 1 September 1992. For citrus not in bulk, the levy and export charge increases from 4.5 cents per box to 6 cents per box, with the Australian Horticultural Corporation (AHC) receiving 1 cent of this increase per box and the Horticultural Research and Development Corporation (HRDC) receiving 0.5 cents per box. For citrus in bulk, the levy and export charge increases from $2.25 per tonne to $3.00 per tonne, with the AHC receiving $0.50 of this increase per tonne and the HRDC receiving $0.25 per tonne. These amendments impose specific obligations on citrus growers, requiring them to pay the increased rates of levy and export charge to the AHC and the HRDC as specified in the amended regulations. The obligation to pay these charges is a direct consequence of the grower's involvement in the citrus industry, as the levies and charges are intended to fund the promotion and research activities of the AHC and HRDC respectively. Growers must ensure compliance with the new rates set out in the amended regulations from the effective date of 1 September 1992. Breaching the obligations to pay the increased levies and export charges may result in legal consequences. While the Explanatory Statement does not explicitly outline specific penalties or consequences for non-compliance, under the Primary Industries Levies and Charges Collection Act 1991, failure to pay the specified levies and charges can result in a civil penalty. The maximum penalty for non-compliance may be determined under the relevant provisions of the Act, which could include fines or other enforcement actions by the relevant authorities.

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