Primary Industries Levies and Charges Collection (Dried Vine Fruits) Regulations (Amendment)

Overview

The Primary Industries Levies and Charges Collection (Dried Vine Fruits) Regulations (Amendment) 1994 No. 372, issued under the authority of the Minister for Primary Industries and Energy, amends the existing regulations to address a gap identified in the funding requirements of the dried vine fruits industry. This legislation operates under the framework established by the Primary Industries Levies and Charges Collection Act 1991, the Horticultural Levy Act 1987, and the Horticultural Export Charge Act 1987, which collectively provide for the imposition and collection of industry funds to support marketing and research through the Australian Horticultural Corporation and the Horticultural Research and Development Corporation. The dried vine fruits industry, specifically, has a statutory levy and export charge that funds the Australian Dried Fruits Board, a product board under the Australian Horticultural Corporation. In response to a request from the Australian Dried Fruits Board, these regulations reduce the rate of levy and export charge for dried vine fruits from $19 to $15 per tonne, effective from 1 January 1995, thereby providing a more sustainable financial framework for the industry.

Scope and Application

The Primary Industries Levies and Charges Collection (Dried Vine Fruits) Regulations (Amendment) 1994 No. 372 is an amendment to the existing regulations that govern the imposition and collection of levies and export charges on the dried vine fruits industry. This amendment applies to the dried vine fruits industry, which is regulated under the Primary Industries Levies and Charges Collection Act 1991, the Horticultural Levy Act 1987, and the Horticultural Export Charge Act 1987. The amendment aims to reduce the rate of levy and export charge from $19 to $15 per tonne, effective from 1 January 1995. The funds raised by the levy and export charge are used to support the operations of the Australian Dried Fruits Board (ADFB), which is a product board under the Australian Horticultural Corporation (AHC). The dried vine fruits industry does not participate in the Horticultural Research and Development Corporation (HRDC). The amendment extends the application of the regulations to dried vine fruits produced on or after 1 January 1995. The amendment does not specify any exclusions, exemptions, or thresholds. However, subordinate instruments may be used to extend or restrict the application of the amendment.

Key Provisions

The Primary Industries Levies and Charges Collection (Dried Vine Fruits) Regulations (Amendment) 1994 No. 372 amends the existing regulations pertaining to the dried vine fruits industry, specifically under sections 30 of the Primary Industries Levies and Charges Collection Act 1991, section 14 of the Horticultural Levy Act 1987 and section 14 of the Horticultural Export Charge Act 1987. The primary change introduced by these regulations is the reduction of the levy and export charge rates from $19 per tonne to $15 per tonne for dried vine fruits produced on or after 1 January 1995. This amendment aligns with the request from the Australian Dried Fruits Board (ADFB), which is a product board under the Australian Horticultural Corporation (AHC), to adjust the financial burden on the industry. The amended regulations impose an obligation on the parties involved, including producers of dried vine fruits, to comply with the new levy and export charge rates. Producers must ensure that the correct rates are applied to their products when calculating and paying these charges. Additionally, the ADFB is required to facilitate the collection of these charges and ensure the funds are appropriately allocated to support the operations of the board and related marketing and research activities. The regulations also mandate that all relevant documentation and records related to the levy and export charge payments must be maintained and made available for inspection by authorised officers. Failure to comply with the requirements set out in the amended regulations can result in penalties and legal consequences. The Primary Industries Levies and Charges Collection Act 1991 and the Horticultural Levy Act 1987 both provide for offences related to non-compliance with the regulations. Offenders may face civil penalties, including fines up to $22,000 for individuals and $110,000 for bodies corporate, as stipulated in section 38 of the Primary Industries Levies and Charges Collection Act 1991. Additionally, the Acts empower authorised officers to take enforcement actions, which can include legal proceedings to recover unpaid levies and charges, as well as potential criminal charges for serious or repeated breaches.