Primary Industries Levies and Charges Collection Amendment Regulations 2002 (No. 3)

Administered by Department of Agriculture

Legislation au F2002B00152 Regulations Not in force Legislative Instrument

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Primary Industries Levies and Charges Collection Amendment Regulations 2002 (No. 3) 2002 No. 156

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 156

Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry

Primary Industries (Excise) Levies Act 1999

Primary Industries (Excise) Levies Amendment Regulations 2002 (No. 5)

Primary Industries (Customs) Charges Act 1999

Primary Industries (Customs) Charges Amendment Regulations 2002 (No. 2)

Primary Industries Levies and Charges Collection Act 1991

Primary Industries Levies and Charges Collection Amendment Regulations 2002 (No. 3)

Section 8 of both the Primary Industries (Excise) Levies Act 1999 (the Excise Act) and the Primary Industries (Customs) Charges Act 1999 (the Customs Act) provide that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

Section 30 of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provides that the Governor-General may make regulations not inconsistent with that Act, prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

Part 3 of Schedule 15 of the Primary Industries (Excise) Levies Regulations 1999 and Part 3 of Schedule 10 of the Primary Industries (Customs) Charges Regulations 2000 impose a levy and charge respectively on apples and pears.

The purpose of the Regulations is to change the unit of calculation of levy/charge on apples and pears (other than those used for juicing or processing) from a standard box to kilograms and identify the rate/s of levy/charge as being for marketing or research and development in accordance with the Horticulture Marketing and Research and Development Services Act 2000.

The Regulations will:

•       restate the rate of levy and export charge in per kilogram terms; express a condition for exemption from levy/charge in kilograms; amend headings and references to subclauses to identify the purpose of levy/charge; and remove superfluous references to "box" (Primary Industries (Excise) Levies Amendment Regulations and the Primary Industries (Customs) Charges Amendment Regulations); and

•       remove a superfluous definition to "box"; and express a condition for exemption from submitting monthly returns in kilograms (Primary Industries Levies and Charges Collection Amendment Regulations).

The Australian Apple and Pear Growers Association (AAPGA) requested that the method of calculating levy/charge on apples and pears (except those used for juicing or processing) be changed from a "per box" rate to a "per kg" rate. The changes will have a zero effect on the amount of levy/charge imposed.

Schedule 15, clauses 6(7) and 6(8) of the Excise Act and Schedule 10, clauses 5(6) and 5(7) of the Customs Act state that the industry services body must consult with the industry body before making recommendations to the Minister on the rates of levy and charge. The AAPGA has consulted with Horticulture Australia Limited (HAL) and HAL has submitted written support for the changes to the Minister.

Details of the Regulations are set out in the Attachment.

The Regulations will commence on 1 August 2002.

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ATTACHMENT

PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2002 (No. 5)

Regulation 1 provides for the name of the regulations to be the Primary Industries (Excise) Levies Amendment Regulations 2001 (No. 5).

Regulation 2 provides for the regulations to commence on 1 August 2002.

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

SCHEDULE 1        AMENDMENTS

Item 1 amends Schedule 15, paragraph 3.2(a) to omit '500 boxes' and insert '9000 kilograms' as a condition for exemption from levy on apples and pears.

Item 2 amends Schedule 15, clause 3.2, notes 1 and 2 to remove a superfluous reference to a definition of 'box'.

Item 3 amends Schedule 15, clauses 3.3 and 3.4 to express the rates of levy for the marketing and R&D components of levy on apples and pears (other than those used for juicing or processing) as cents per kilogram. The headings for clauses 3.3 and 3.4 are amended to specifically identify the rates of levy as being for marketing or R&D respectively. The note in clause 3.3 and note 1 in clause 3.4 are removed as superfluous and note 2 in clause 3.4 becomes the only note to that clause.

Item 4 amends headings in Schedule 15 to specifically identify the rate/s of levy as being for marketing or R&D. The individual clauses are listed in the table below.

    Clause        

    Commodity

    Purpose

    2.4

    almonds

    research and development     

    4.3

    avocados

    marketing

    4.4

    avocados

    research and development

    5.4

    cherries

    research and development

    6.3

    chestnuts

    marketing

    6.4

    chestnuts

    research and development

    7.3

    citrus

    marketing

    7.4

    citrus

    research and development

    8.3

    custard apples

    marketing

    8.4

    custard apples

    research and development

    10.3

    macadamia nuts

    marketing

    10.4

    macadamia nuts

    research and development

    11.4

    nashi

    research and development

    12.3

    nursery products        

    marketing

    12.4

    nursery products

    research and development

    13.4

    passionfruit

    research and development

    14.4

    potatoes

    research and development

    15.3

    stone fruit

    marketing

    15.4

    stone fruit

    research and development

    16.4

    strawberries

    research and development

    17.5

    vegetables

    research and development

 

PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATIONS 2002 (No. 2)

Regulation 1 provides for the name of the regulations to be the Primary Industries (Customs) Charges Amendment Regulations 2002 (No. 2).

Regulation 2 provides for the regulations to commence on 1 August 2002.

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

SCHEDULE 1        AMENDMENTS

Item 1 amends Schedule 10, clauses 3.3 and 3.4 to express the rates of charge for the marketing and R&D components of charge on apples and pears as cents per kilogram. The headings for clauses 3.3 and 3.4 are amended to specifically identify the rates of charge as being for marketing or R&D respectively. In clause 3.3 a reference to a subclause in the primary Act is relating to the purpose of the charge is amended to correctly identify the purpose as marketing. Note 2 in clauses 3.3 and 3.4 are removed as superfluous and note 1 in clauses 3.3 and 3.4 becomes the only note to those clauses.

Item 2 amends Schedule 10, clause 9.2 heading to specifically identify the rate of charge on dried vine fruits as being for marketing. The clause is amended to refer to subclause 3.3 of Schedule 10 of the Customs Charges Act which states the purpose of the charge as marketing. Note 1 is removed as superfluous and note 2 becomes the only note to the clause.

Item 3 amends headings in Schedule 10 to specifically identify the rate/s of charge as being for marketing or R&D. The individual clauses are listed in the table below.

    Clause        

    Commodity

    Purpose

    2.4

    almonds

    research and development    

    4.3

    avocados

    marketing

    4.4

    avocados

    research and development

    5.4

    cherries

    research and development

    6.3

    chestnuts

    marketing

    6.4

    chestnuts

    research and development

    7.3

    citrus

    marketing

    7.4

    citrus

    research and development

    8.3

    custard apples

    marketing

    8.4

    custard apples

    research and development

    10.3

    macadamia nuts

    marketing

    10.4

    macadamia nuts         

    research and development

    11.4

    nashi

    research and development

    13.4

    passionfruit

    research and development

    14.4

    potatoes

    research and development

    15.3

    stone fruit

    marketing

    15.4

    stone fruit

    res arch and development

    17.5

    vegetables

    research and development

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION AMENDMENT REGULATIONS 2002 (No. 3)

Regulation 1 provides for the name of the regulations to be the Primary Industries Levies and Charges Collection Amendment Regulations 2002 (No. 3).

Regulation 2 provides for the regulations to commence on 1 August 2002.

Regulation 3 provides that Schedule 1 amends the Primary Industries Levies and Charges Collection Regulations 1991.

SCHEDULE 1        AMENDMENTS

Item 1 amends Schedule 22, clause 3.2 to remove a superfluous definition of 'box'.

Item 2 amends Schedule 22, paragraph 3.10(1)(b) to omit '500 boxes' and insert '9000 kilograms' as a minimum amount as a condition for lodging an annual return for apples and pears.

 

Overview

The Primary Industries Levies and Charges Collection Amendment Regulations 2002 (No. 3), enacted by the Australian Parliament, aim to modify the unit of calculation for levies and charges on apples and pears (excluding those used for juicing or processing) from a standard box to kilograms. This legislative change was introduced in response to a request from the Australian Apple and Pear Growers Association (AAPGA) to update the method of calculating levies and charges. The policy objective of these regulations is to streamline the collection process and align it with the broader goals of the Horticulture Marketing and Research and Development Services Act 2000. These regulations are part of a broader legislative framework that includes the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999, which authorise the Governor-General to make regulations necessary for implementing the Acts. The amendments will take effect from 1 August 2002.

Scope and Application

The Primary Industries Levies and Charges Collection Amendment Regulations 2002 (No. 3) pertain to the amendment of the Primary Industries Levies and Charges Collection Act 1991, the Primary Industries (Excise) Levies Act 1999, and the Primary Industries (Customs) Charges Act 1999. These regulations apply to entities involved in the collection of levies and charges on primary industries, specifically focusing on the alteration of the unit of calculation for the levy and charge on apples and pears from a standard box to kilograms. This change was requested by the Australian Apple and Pear Growers Association (AAPGA) and is aimed at improving the clarity and administration of these levies and charges. The regulations also address the rates of levy and charge, their purposes (marketing or research and development), and conditions for exemptions from these levies and charges. The regulations are effective from 1 August 2002 and involve consultation with industry bodies, including Horticulture Australia Limited, which supports the changes. The amendments do not alter the amount of levy or charge imposed but aim to enhance the administrative efficiency and understanding of these financial obligations within the primary industries sector.

Key Provisions

The Primary Industries Levies and Charges Collection Amendment Regulations 2002 (No. 3) (Regulations) alter the way levies and charges are calculated for apples and pears, excluding those intended for juicing or processing. Specifically, the Regulations change the unit of calculation from a standard box to kilograms, thereby aligning the method of calculation with other commodities subject to levies and charges under the Primary Industries (Excise) Levies Act 1999 and the Primary Industries (Customs) Charges Act 1999. This change is detailed in the regulations' schedules, which include amendments to the Primary Industries (Excise) Levies Regulations 1999 and the Primary Industries (Customs) Charges Regulations 2000, and also affects the Primary Industries Levies and Charges Collection Regulations 1991. The amendments restate the rates of levy and export charge in terms of per kilogram, modify conditions for exemption from levies and charges, and remove unnecessary references to "box." The Regulations impose several obligations on the parties involved. The industry services body must consult with the relevant industry body, in this case, the Australian Apple and Pear Growers Association (AAPGA), before making any recommendations to the Minister regarding the rates of levy and charge. The AAPGA has already consulted with Horticulture Australia Limited (HAL), which has provided written support for these changes. Additionally, the Regulations require those subject to levies and charges to adjust their calculations and record-keeping practices to reflect the new kilogram-based system. This includes modifying their returns and ensuring compliance with the new definitions and conditions specified in the Regulations. Failure to comply with the requirements set forth in the Regulations may result in civil and administrative penalties. Although the Explanatory Statement does not specify maximum penalties, it is reasonable to assume that penalties for non-compliance with these regulations would be consistent with those applicable under the Primary Industries (Excise) Levies Act 1999, the Primary Industries (Customs) Charges Act 1999, and the Primary Industries Levies and Charges Collection Act 1991. Penalties for non-compliance can include fines, which may vary depending on the severity and frequency of the breach. Additionally, ongoing non-compliance could lead to further administrative actions, including legal proceedings to enforce compliance or recover unpaid levies and charges. In summary, the Regulations modify the method of calculating levies and charges for apples and pears by changing the unit of calculation from boxes to kilograms. These changes are designed to streamline and standardise the calculation process across different commodities. Parties subject to these levies and charges must adapt their practices to comply with the new requirements. Failure to comply with these regulations may result in penalties, although the specific penalties are not detailed in the Explanatory Statement. The Regulations will come into effect on 1 August 2002, as specified in the respective regulations.

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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.