Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment) 1998 No. 89
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 89
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 Collection (Avocado) Regulations (Amendment)
The Governor-General may make regulations to impose levies and export charges on classes of horticultural products under subsection 14(1) of both the Horticultural Levy Act 1987 (the Levy Act) and the Horticultural Export Charge Act 1987 (the Export Charge Act). The Governor-General may also make regulations to provide for the collection of levy and charge under subsection 30(1) of the Primary Industries Levies and Charges Collection Act 1991.
The Horticultural Research and Development Corporation (HRDC) co-ordinates research and development for many horticultural industries. The HRDC is funded by statutory levies and export charges, voluntary contributions and Commonwealth Government matching funding.
Section 9 of both the Levy and Export Charge Acts provide that the regulations may fix rates of levy and export charge destined for the HRDC.
Subsection 14(4) of both the Levy and Export Charge Acts provide that the GovernorGeneral, before making any regulations for the purposes of Section 9, shall consider any relevant recommendation made by the HRDC to the Minister for Primary Industries and Energy in relation to the levy rate.
Subsection 14(7) of both the Levy and Export Charge Acts require that before making a recommendation to the Minister for Primary Industries and Energy, the HRDC shall consult the eligible industry body for the leviable horticultural product, which in the case of avocados is the Australian Avocado Growers' Federation (AAGF).
Subsection 14(8) of both the Levy and Export Charge Acts require that recommendations made by the HRDC to the Minister for Primary Industries and Energy be accompanied by a written statement of the views of the industry body consulted in relation to the recommendation.
The purpose of the Regulations is to increase the amount of levy and export charge directed towards the HRDC from 6 cents to 8 cents per standard tray of avocados and from $10 per tonne to $13.33 per tonne for avocados in bulk.
The Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment) give effect to the AAGF's views to increase the avocado industry's contributions to the HRDC. The HRDC has recommended the proposed changes.
The Regulations commenced on 1 July 1998.
Overview
The Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment) 1998 No. 89 were enacted to amend the existing regulations concerning the levies and export charges on avocados under the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987. This amendment was issued by the authority of the Minister for Primary Industries and Energy, as per the Primary Industries Levies and Charges Collection Act 1991. The amendment was introduced to address the need for increased funding to support the Horticultural Research and Development Corporation (HRDC), which coordinates research and development for various horticultural industries, including avocados. The policy objective was to increase the contributions from the avocado industry to the HRDC, aligning with the recommendations of the Australian Avocado Growers' Federation (AAGF) and the views of the relevant industry body. The increased levies aimed to enhance the HRDC's funding, facilitating better research and development initiatives within the horticultural sector.
Scope and Application
The Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment) 1998 apply to the collection of levies and export charges on avocados within the framework established by the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, and the Primary Industries Levies and Charges Collection Act 1991. These regulations are specifically designed to adjust the rates of levies and export charges on avocados, enhancing the funding available to the Horticultural Research and Development Corporation (HRDC). This Act applies to avocado growers, exporters, and any other entities involved in the avocado industry, ensuring they contribute to the HRDC through the specified levies and export charges. The geographic reach of these regulations extends nationally within Australia, as they are administered under Commonwealth law. While the primary focus is on the avocado industry, the regulations do not specify exclusions or exemptions beyond the general framework of the underlying Acts. The application of these regulations can be extended or modified through subordinate instruments, allowing for adjustments to the rates and collection mechanisms as recommended by the HRDC and approved by the Minister for Primary Industries and Energy.
Key Provisions
The Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment) 1998 No. 89 (referred to as the Regulations) focus on adjusting the levies and export charges on avocados under the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987 (sections 9 and 14). Specifically, the Regulations aim to increase the levies and export charges for avocados to support the Horticultural Research and Development Corporation (HRDC). The amendments increase the levy from 6 cents to 8 cents per standard tray of avocados and raise the export charge from $10 to $13.33 per tonne for bulk avocados.
The obligations under these Regulations require the HRDC to consult with the Australian Avocado Growers' Federation (AAGF), as the eligible industry body, before making any recommendations to the Minister for Primary Industries and Energy (section 14(7)). The HRDC must also provide a written statement of the AAGF's views when making these recommendations (section 14(8)). Furthermore, the Governor-General must consider these recommendations before making any regulations (section 14(4)). This ensures that the views of the avocado industry are considered in the decision-making process.
There are no specific offences, penalties, or consequences outlined in the Explanatory Statement for non-compliance with the Regulations themselves. However, any breaches of the underlying Acts, such as the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987, may attract penalties as stipulated in those Acts. These penalties could include fines or other sanctions as determined by the relevant legislation. It is important to note that compliance with the Primary Industries Levies and Charges Collection Act 1991 is also necessary for proper collection and enforcement of the levies and charges.