Primary Industries Levies and Charges Collection (Citrus) Regulations (Amendment) 1997 No. 120
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 120
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)
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, inter alia, for the imposition and collection of levies and export charges to fund the Horticultural Research and Development Corporation (HRDC).
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.
Subsection 14(1) of both the Levy and Export Charge Acts provide that the Governor-General may make regulations for the purposes of the Acts.
Section 9 of both the Levy and Export Charge Acts provide that the regulations may fix rates of levy and export charge, respectively, destined for the HRDC.
Subsection 14(3) of both the Levy and Export Charge Acts provide that the Governor-General, before making any regulations for the purposes of Section 9, shall consider any relevant recommendation made by the HRDC to the Minister in relation to the levy rate.
Subsection 14(6) of both the Levy and Export Charge Acts require that before making a recommendation to the Minister, the HRDC shall consult the eligible industry body for the leviable horticultural product, which in the case of citrus is the Australian Citrus Growers Incorporated (ACG).
Subsection 14(8) of both the Levy and Export Charge Acts require that recommendations made by the HRDC to the Minister be accompanied by a written statement of the views of the industry body consulted in relation to the recommendation, which supports the increase in levy and export charge.
The purpose of the Regulations is to increase the amount of levy and export charge directed to the HRDC by 0.5 cents per box to 3 cents per box for oranges, 25 cents per tonne to $1.50 per tonne for oranges, 0.5 cents per box to 3 cents per box for citrus other than oranges, 25 cents per tonne to $1.50 per tonne of citrus other than oranges.
The Primary Industries Levies and Charges Collection (Citrus) Regulations (Amendment) give effect to the ACG's decision to increase the citrus industry's contributions to the HRDC. The HRDC has recommended the proposed changes.
The changes are expected to result in an additional $172,500 being raised by the industry for research and development by the HRDC on behalf of the citrus industry and which can be matched by Commonwealth contributions.
The Regulations also correct an anomaly in the Regulations by amending Regulation 16 which included drafting errors in reference to other clauses.
The Regulations commenced on 1 July 1997.
Overview
The Primary Industries Levies and Charges Collection (Citrus) Regulations (Amendment) 1997 No. 120, issued under the authority of the Minister for Primary Industries and Energy, amend the Primary Industries Levies and Charges Collection (Citrus) Regulations to increase the levy and export charge rates for citrus products, specifically oranges and other citrus fruits. This was enacted to address the need for increased funding for the Horticultural Research and Development Corporation (HRDC) to support research and development initiatives within the citrus industry. The policy objective is to enhance the capacity of the HRDC to deliver research and development outcomes that benefit the citrus industry, with the expectation that the additional levy and export charges will be matched by Commonwealth contributions. The regulations were introduced following recommendations from the HRDC and consultation with the Australian Citrus Growers Incorporated, and they aim to rectify drafting errors in the existing regulations while ensuring the industry's financial contributions to the HRDC are accurately reflected.
Scope and Application
The Primary Industries Levies and Charges Collection (Citrus) Regulations (Amendment) 1997 No. 120 pertains to the citrus industry, specifically targeting entities and individuals involved in the production, export, and trade of citrus fruits in Australia. These regulations are an amendment to existing laws under the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, and the Primary Industries Levies and Charges Collection Act 1991. Their aim is to increase the levies and export charges applicable to citrus products to support the Horticultural Research and Development Corporation (HRDC), which is funded by these levies, voluntary contributions, and Commonwealth Government matching funding. The amendments include a specified increase in the rates of levy and export charge for citrus products such as oranges and other citrus fruits, translating to an additional contribution of $172,500 by the citrus industry towards research and development, which can be matched by Commonwealth contributions. The changes took effect from 1 July 1997 and also rectify drafting errors in the original regulations, ensuring compliance and clarity in the application of these levies and charges.
Key Provisions
The main operative sections of these Regulations (C2004L01957) involve amendments to the Primary Industries Levies and Charges Collection (Citrus) Regulations. Specifically, Section 1 of the Regulations modifies the rates of levy and export charge for citrus products such as oranges and other citrus fruits (Sections 9 and 14 of the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987). These sections establish the legal basis for the imposition of these levies and charges to fund the Horticultural Research and Development Corporation (HRDC). The Regulations increase the levy and export charge rates, aiming to enhance the funding available for research and development activities within the citrus industry.
The obligations and requirements imposed by these Regulations are primarily directed at the entities responsible for collecting and managing the levies and charges. The HRDC, as the body responsible for coordinating research and development, must ensure that the increased levies and charges are accurately calculated and collected from the relevant citrus growers. Additionally, the Australian Citrus Growers Incorporated (ACG), as the industry body representing the interests of citrus growers, is required to consult with its members to understand the implications of the increased levies and charges. The Regulations also mandate that the HRDC consults with the ACG before making any recommendations to the Minister regarding the proposed changes.
The Regulations contain provisions that address potential breaches and the consequences thereof, although specific penalties are not detailed within the explanatory statement. Generally, breaches of statutory regulations concerning the collection of levies and charges can lead to civil or criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment or fines, depending on the severity and intent behind the breach. The exact penalties are typically outlined in the primary legislation under which these Regulations operate, such as the Primary Industries Levies and Charges Collection Act 1991. Non-compliance with these Regulations could potentially result in legal action taken against the offending parties, whether they be the HRDC, the ACG, or individual citrus growers who fail to remit the required levies and charges.