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

Overview

The Primary Industries Levies and Charges Collection (Dried Vine Fruits) Regulations (Amendment) 1995 No. 339 were enacted to amend the existing regulations concerning the collection of levies and export charges for dried vine fruits. This amendment responds to the request of the Australian Dried Fruits Board (ADFB) and the Australian Horticultural Corporation (AHC), which were seeking to reduce the rates of these levies and charges in light of industry feedback. This regulation aligns with the authority granted under Sections 14 of the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987, enabling the Minister for Primary Industries and Energy to implement these changes. The policy objective of these amendments is to provide financial relief to the dried vine fruits industry, facilitating its continued growth and competitiveness while ensuring adequate funding for industry-specific initiatives.

Scope and Application

The Primary Industries Levies and Charges Collection (Dried Vine Fruits) Regulations (Amendment) 1995 No. 339 amends the existing regulations governing the levy and export charge for dried vine fruits. The regulations apply to the dried vine fruits industry, specifically targeting growers and producers within this sector. These regulations operate under the authority of the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987, ensuring compliance and enforcement of the set levies and charges. The amendment lowers the rates from $15 to $10 per tonne for dried vine fruits produced on or after 1 January 1996. This adjustment is made in response to recommendations from the Australian Dried Fruits Association and is supported by the Australian Dried Fruits Board and the Australian Horticultural Corporation. The new rates are designed to be more reflective of industry needs and contributions, ensuring the funds raised continue to support industry operations and initiatives.

Key Provisions

The Primary Industries Levies and Charges Collection (Dried Vine Fruits) Regulations (Amendment) 1995 No. 339 primarily amends the rate of levy and export charge imposed on dried vine fruits under the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987. Specifically, section 4 of the Regulations (Section 14(1) of the Principal Regulations) modifies the levy rate for dried vine fruits produced on or after 1 January 1996 from $15 to $10 per tonne. Similarly, section 5 of the Regulations (Section 14(1) of the Principal Regulations) adjusts the export charge rate from $15 to $10 per tonne for dried vine fruits produced on or after the same date. These changes respond to recommendations from the Australian Dried Fruits Association and are endorsed by the Australian Dried Fruits Board and the Australian Horticultural Corporation. Entities and parties governed by these Regulations, primarily dried vine fruit producers and exporters, must comply with the amended levy and export charge rates effective from 1 January 1996. They are obligated to pay the reduced levy and export charge rates as stipulated in the amended Regulations. The Australian Dried Fruits Board, as the recognised peak industry body, will oversee the implementation and compliance with these changes. Producers and exporters must ensure their financial records and reporting reflect the new rates from the specified date to comply with the statutory requirements. The Regulations do not explicitly outline specific offences or penalties for non-compliance with the amended rates. However, general provisions under the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987 apply. Non-compliance with the levies and charges imposed by these Acts may result in civil or criminal penalties. Under the Horticultural Levy Act, non-compliance can lead to fines, with specific penalties not detailed in the Regulations but typically governed by the broader legislative framework, which could include substantial financial penalties. Similarly, the Horticultural Export Charge Act may impose fines for non-compliance with export charge regulations, with the exact penalties determined by the courts based on the severity and circumstances of the breach.