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

Legislation au C2004L05812 Regulations Not in force Legislative Instrument

Legislation content

Primary Industries Levies and Charges (Citrus) Regulations 1991 No. 276
 

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 276

Issued by the Authority of the Minister of State 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

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (HORTICULTURAL EXPORT CHARGE) REGULATIONS

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 Horticultural Research and Development Corporation (the Corporation). The Corporation 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 Corporation 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 payable by citrus growers to fund the Corporation's activities.

At the annual conference of the Australian Citrus Growers' Federation (ACGF) in April 1991, the Federation agreed to increase the rates of levy and export charge destined for the Corporation to the levels detailed in the amendments to the principal regulations. These increases are designed to further the research and development work of the Corporation.

The Chairman of the Corporation recommended the proposed increase in levy and export charge to the Minister for Primary Industries and Energy and advised that he had the full support of the ACGF. Copies of the Corporation's recommendation and corroborating advice from the ACGF are at Attachment C.

The new rates of levy and export charge payable by citrus growers to fund the activities of the Corporation are $1 per tonne in bulk and 2 cents per box. These rates are an increase of 50 cents per tonne and 1 cent per box on the previous rates.

The new rates will apply from 1 October 1991.

Details of the proposed regulations increasing the levy and export charge are given at Attachment A and Attachment B, respectively.

ATTACHMENT A

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

Regulation 1 gives the date of commencement of the Regulations as 1 October 1991.

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

Regulation 3 prescribes that the new rates of levy destined for the Horticultural Research and Development Corporation are as follows:

      citrus in bulk      

      $1 per tonne      

      citrus not in bulk      

      2 cents per box.      

 

Overview

The Primary Industries Levies and Charges (Citrus) Regulations 1991 were enacted to address the need for increased funding for the Horticultural Research and Development Corporation, which supports joint industry and government research and development activities in Australia's horticultural industries. The regulations were issued by the Authority of the Minister for Primary Industries and Energy, in accordance with the provisions of the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, and the Primary Industries Levies and Charges Collection Act 1991. The policy objective of these regulations is to provide for the manner of payment and the rate of levy payable by citrus growers, in order to support the research and development activities of the Corporation. Following a recommendation from the Chairman of the Corporation and the support of the Australian Citrus Growers' Federation, the rates of levy and export charge were increased to further the Corporation's work, with new rates of $1 per tonne in bulk and 2 cents per box effective from 1 October 1991.

Scope and Application

The Primary Industries Levies and Charges (Citrus) Regulations 1991 No. 276, issued under the authority of the Minister for Primary Industries and Energy, pertain to the collection of levies and charges to fund the Horticultural Research and Development Corporation. This Act applies to citrus growers, who are required to pay a levy to support the Corporation’s research and development activities in the horticultural industry. The rates specified in the Regulations are $1 per tonne for citrus in bulk and 2 cents per box for citrus not in bulk, effective from 1 October 1991. These levies are imposed under the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987, with the rates being set by regulation in accordance with the Primary Industries Levies and Charges Collection Act 1991. The amendments to the levy rates were recommended by the Corporation and supported by the Australian Citrus Growers' Federation, as detailed in the explanatory statement. These Regulations extend the application of the principal Acts by prescribing the specific rates and manner of payment for the citrus industry.

Key Provisions

The Primary Industries Levies and Charges (Citrus) Regulations 1991, No. 276, detail the rates and manner of payment of levies and export charges by citrus growers, as mandated by the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987. Specifically, Regulation 3 of the Regulations sets the new levy rates at $1 per tonne for citrus in bulk and 2 cents per box for citrus not in bulk. These rates, which took effect from 1 October 1991, represent an increase from the previous rates, aimed at bolstering the funding for the Horticultural Research and Development Corporation. The Corporation, which engages in joint industry/government funded research and development activities for Australian horticultural industries, benefits from these levies to support its initiatives. The Regulations impose specific obligations on citrus growers to ensure compliance with the new levy rates. These obligations include the timely payment of the increased levies as prescribed by the Regulations. Growers are required to adhere to the stipulated rates for both bulk and non-bulk citrus, as outlined in Regulation 3. Failure to comply with these payment requirements could potentially disrupt the funding flow to the Corporation, impacting its ability to carry out research and development activities effectively. Breaches of the provisions set forth in the Regulations may result in legal consequences for the parties involved. While the specific penalties for non-compliance are not detailed in the provided text, it is understood that such breaches could lead to enforcement actions by the relevant authorities. Typically, under the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987, non-compliance could result in fines or other penalties as determined by the courts. It is imperative for citrus growers to comply with the new levy rates to avoid any potential legal repercussions and to support the Corporation's research and development objectives.

Legal classification tags

Area of Law
Primary Industries Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration

Interactions

Authorises

All Versions

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.