Primary Industries Levies and Charges Collection (Apple and Pear) Regulations (Amendment)

Overview

The Primary Industries Levies and Charges Collection (Apple and Pear) Regulations (Amendment) 1997 No. 51 were enacted under the authority of the Minister for Primary Industries and Energy to address discrepancies and enhance the efficiency of levy collection within the apple and pear industries. These regulations were introduced to correct an anomaly in the existing definitions and to adjust the rates of levies and export charges directed towards the Australian Horticultural Corporation (AHC). The policy objective behind these amendments was to ensure that the AHC receives adequate funding to support its marketing and promotion activities, while also aligning the definition of a standard box with the industry's current practices. This was achieved by increasing the volume of a standard box from 30 litres to 36 litres, thereby providing some growers with a slight reduction in their total levies.

Scope and Application

The Primary Industries Levies and Charges Collection (Apple and Pear) Regulations (Amendment) 1997 No. 51 applies to the apple and pear industries within Australia, specifically targeting growers and exporters of these products. The regulations are an amendment to the existing framework established under the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987. They are designed to increase the contributions of the apple and pear industries to the Australian Horticultural Corporation (AHC), which is responsible for the marketing and promotion of horticultural products. The amendments increase the rates of levy and export charge for various categories of apples and pears, thereby directing more funds to the AHC for its activities. The changes are expected to generate an additional $550,000 for the AHC, enhancing its capacity to promote the apple and pear industries. The regulations also include a correction to the definition of a box to reflect the actual industry standard, which is 36 litres rather than the previously defined 30 litres. This change will result in some growers, particularly in Western Australia, paying a slightly lower total levy. Both the AHC and the Horticultural Research and Development Corporation have supported these amendments. The regulations commenced on 1 April 1997.

Key Provisions

The primary operative sections of the Primary Industries Levies and Charges Collection (Apple and Pear) Regulations (Amendment) 1997 No. 51 are Sections 4 and 5. Section 4 pertains to the increase in the levy and export charge rates for apples and pears directed towards the Australian Horticultural Corporation (AHC). Specifically, it raises the rate for fresh apples from 17 cents to 20 cents per box, for juicing apples from 30 cents to $2.00 per tonne, and for processing apples from 60 cents to $4.00 per tonne (section 4(1)). Similarly, Section 4(2) increases the rate for fresh pears from 3.5 cents to 22.5 cents per box, for juicing pears from 35 cents to $2.25 per tonne, and for processing pears from 70 cents to $4.50 per tonne. Section 5 corrects the definition of a box to reflect the industry standard, increasing its capacity from 30 litres to 36 litres (section 5(1)). The Act imposes specific obligations on the Australian Apple and Pear Growers Association (AAPGA), the AHC, and the Horticultural Research and Development Corporation (HRDC). The AAPGA is required to consult with its members and provide a written statement of their views to the Minister for Primary Industries and Energy regarding any recommended changes to the levy and export charge rates (subsections 14(3) and 14(6) of the Levy and Export Charge Acts). The AHC must consider these recommendations and provide a written statement outlining the views of the AAPGA before making a recommendation to the Minister (subsection 14(8)). The Governor-General, in turn, must consider these recommendations when making regulations under the Levy and Export Charge Acts. The Regulations do not explicitly state specific offences, penalties, or civil/criminal consequences for breach within the text provided. However, under the broader framework of the Levy and Export Charge Acts, non-compliance with the regulations could potentially lead to legal actions. The Acts may provide for penalties such as fines or other enforcement actions for failure to comply with the regulations. The exact penalties would depend on the specific provisions of the Levy and Export Charge Acts, which are not detailed in the explanatory statement but would typically include fines commensurate with the severity of the breach.