Primary Industries Levies and Charges Collection (Citrus) Regulations (Amendment) 1994 No. 337
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 337
Issued by the Authority of the Minister for Primary Industries and Energy
HORTICULTURAL LEVY ACT 1987
HORTICULTURAL EXPORT CHARGE ACT 1987
PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION ACT 1991
PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (CITRUS) REGULATIONS (AMENDMENT)
Sections 1 4, 14 and 30 respectively of the Horticultural Levy Act 1987, Horticultural Export Charge Act 1987 and the Primary Industries Levies And Charges Collection Act 1991 provide that the Governor General may make regulations for the purposes of the Acts.
The Horticultural Research and Development Corporation (HRDC) co-ordinates research and development for many horticultural industries. Most of these industries contribute funds to this process by way of statutory levies and export charges, whilst some others contribute in an ad hoc manner through voluntary contributions.
Similarly, the Australian Horticultural Corporation (AHC) carries out marketing and promotion activities for many horticultural industries, in the main funded by statutory levies and export charges.
These Primary Industries Levies and Charges Collection (Citrus) Regulations (Amendment), (the Regulations (Amendment)) alter the funding arrangements for the citrus industry's participation in the AHC. The Australian Citrus Growers' Federation requested, and the AHC recommend, that the citrus industry's funding formulae for the AHC be altered to reflect revised priorities and foci for the industry. The Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987 limit the levy or export charge rates to less than five percent of the gross value of production of the specific horticultural commodity.
These Regulations (Amendment) will maintain current funding arrangements for the HRDC but will, for that part of the levy to go to the AHC, exempt all citrus, other than oranges, from being liable to a levy or export charge. They also provide for a reduction in levy and export charge, for that part of the levy and export charge (ie oranges only) to go to the AHC, from $1.75 per tonne (3.5 cents per box) to $0.75 per tonne (1.5 cents per box).
These Regulations (Amendments) also include some minor amendments to levy and export charge collection arrangements to improve the information flow from supermarkets and large chain stores, as well as requiring companies to be identified by their Australian Company Number.
Overview
The Primary Industries Levies and Charges Collection (Citrus) Regulations (Amendment) 1994 No. 337 were enacted to modify the funding arrangements for the citrus industry's participation in the Australian Horticultural Corporation (AHC), as requested by the Australian Citrus Growers' Federation. This regulation was made under the authority of the Minister for Primary Industries and Energy and is an amendment to the existing regulations under the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, and the Primary Industries Levies and Charges Collection Act 1991. The primary objective of these amendments is to adjust the citrus industry's funding contributions to better reflect the revised priorities and focuses of the industry. Specifically, the regulations exempt all citrus, excluding oranges, from the levy or export charge and reduce the levy and export charge for oranges. These amendments aim to ensure that the funding mechanisms remain efficient and aligned with the industry's current needs.
Scope and Application
The Primary Industries Levies and Charges Collection (Citrus) Regulations (Amendment) 1994 No. 337 applies to the citrus industry in Australia, specifically altering the funding arrangements for the citrus industry's participation in the Australian Horticultural Corporation (AHC). These regulations impact growers of citrus fruits, such as oranges and other citrus varieties, and the entities responsible for collecting the levies and export charges. The amendment affects all citrus production within Australia, irrespective of the state or territory where the production occurs, thus having a national jurisdictional reach. Notably, the amendment exempts all citrus, except oranges, from being liable to a levy or export charge for the AHC, while reducing the levy and export charge for oranges from $1.75 per tonne to $0.75 per tonne. These regulations maintain the current funding arrangements for the Horticultural Research and Development Corporation (HRDC), with changes only affecting the levies and charges allocated to the AHC. Additionally, the regulations introduce minor amendments to improve the flow of information from major retailers and require companies to be identified by their Australian Company Number.
Key Provisions
The Primary Industries Levies and Charges Collection (Citrus) Regulations (Amendment) 1994 No. 337 (the Amendment) makes significant changes to the funding mechanisms for the citrus industry's involvement in the Australian Horticultural Corporation (AHC). Under sections 1, 4, and 30 of the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, and the Primary Industries Levies and Charges Collection Act 1991, the Governor General has the authority to issue regulations for these Acts. These regulations were amended to respond to a request from the Australian Citrus Growers' Federation and a recommendation from the AHC, aiming to adjust the citrus industry's funding formula to better reflect current industry priorities.
The Amendment modifies the levy and export charge arrangements for the citrus industry. It maintains the existing funding structure for the Horticultural Research and Development Corporation (HRDC), which oversees research and development activities across various horticultural industries. However, it alters the funding for the AHC by exempting all citrus fruits, except oranges, from the levy or export charge. This change is intended to better align the funding with the industry's revised priorities. For oranges, the Amendment reduces the levy and export charge from $1.75 per tonne (3.5 cents per box) to $0.75 per tonne (1.5 cents per box).
Additionally, the Amendment includes minor adjustments to the collection of levies and export charges, aimed at enhancing the flow of information from supermarkets and large chain stores. It mandates that companies be identified by their Australian Company Number to improve the accuracy and efficiency of these collections. These changes are designed to streamline the administrative processes while ensuring that the revised funding arrangements are effectively implemented.