Primary Industries Levies and Charges Collection (Custard Apples) Regulations (Amendment)

Overview

The Primary Industries Levies and Charges Collection (Custard Apples) Regulations (Amendment) 1997 No. 406 were enacted to address the need for increased funding for the Horticultural Research and Development Corporation (HRDC) from the custard apple industry. The Act amends the Primary Industries Levies and Charges Collection Act 1991, the Horticultural Levy Act 1987, and the Horticultural Export Charge Act 1987. It was issued by the authority of the Minister for Primary Industries and Energy. The policy objective of these regulations is to increase the levy and export charge rates for custard apples, thereby enhancing the funding available to the HRDC, which is responsible for coordinating research and development for horticultural industries and is supported by statutory levies, export charges, voluntary contributions, and Commonwealth Government matching funding. This amendment was made in response to a recommendation from the HRDC, which had consulted with the Australian Custard Apple Growers Association Inc. (ACAGA) as required by the Acts.

Scope and Application

The Primary Industries Levies and Charges Collection (Custard Apples) Regulations (Amendment) 1997 No. 406 applies to the custard apple industry in Australia, particularly those involved in the production, handling, and export of custard apples. These regulations amend the existing levies and export charges for custard apples to direct increased funds towards the Horticultural Research and Development Corporation (HRDC). The amendments specify an increase in the levy and export charge rates from 6 cents per standard tray and $5.00 per tonne to 20 cents per standard tray and $25.00 per tonne, respectively. This amendment is made under the authority of the Governor-General and is subject to the recommendations of the HRDC, which must consult with the Australian Custard Apple Growers Association Inc. (ACAGA) before making any recommendations to the Minister for Primary Industries and Energy. These regulations are part of a broader framework established by the Primary Industries Levies and Charges Collection Act 1991, the Horticultural Levy Act 1987, and the Horticultural Export Charge Act 1987, and their implementation is further guided by statutory rules issued under the authority of the Minister for Primary Industries and Energy. The Regulations came into effect on 1 February 1998.

Key Provisions

The Primary Industries Levies and Charges Collection (Custard Apples) Regulations (Amendment) 1997 No. 406 primarily revise the rates of levies and export charges for custard apples, as stated in the Explanatory Statement. The amendments increase the levy and export charge rates for custard apples, with the primary aim of boosting the funding directed to the Horticultural Research and Development Corporation (HRDC) (section 9). The new rates are set at 20 cents per standard tray and $25.00 per tonne, up from the previous rates of 6 cents per standard tray and $5.00 per tonne (section 14). These regulations impose specific obligations on the parties involved, including the HRDC, the Australian Custard Apple Growers Association Inc. (ACAGA), and potentially the growers themselves. The HRDC must recommend the revised levy rates to the Minister for Primary Industries and Energy, which they have done in this case (subsection 14(4)). Before making these recommendations, the HRDC is required to consult with ACAGA, the eligible industry body for custard apples (subsection 14(7)). Additionally, any recommendations made by the HRDC must be accompanied by a written statement detailing ACAGA's views on the proposed changes (subsection 14(8)). These steps ensure that the industry's perspective is considered in the regulatory process. Under the amended regulations, any party failing to comply with the new levy and export charge rates may face legal consequences. Although specific penalties are not detailed in the provided text, breaches of regulations under the Primary Industries Levies and Charges Collection Act 1991 could result in civil or criminal penalties. The exact nature and severity of these penalties would be determined by the courts, depending on the circumstances of the breach. It is important for all involved parties to adhere to these regulations to avoid any potential legal repercussions.