Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations (Amendment)

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Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations (Amendment) 1991 No. 404

 

 

EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 404

Issued by the Authority of the Minister for Primary Industries and Energy Primary Industries Levies and Charges Collection Act 1991

Horticultural Levy Act 1987

 

Horticultural Export Charge Act 1987

 

Primary Industries Levies and Charges (Apple and Pear) Regulations (Amendment)

 

Primary Industries Levies and Charges Collection (Horticultural Export Charge) 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 for the imposition and collection of levy and export charge to fund the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC). The HRDC carries out joint industry/government funded research and development activities for Australian horticultural industries.

 

Section 9 of the Levy Act and section 9 of the Export Charge Act permit the rate of levy and export charge, respectively, destined for the HRDC to be fixed by regulation.

 

The Primary Industries Levies and Charges (Apple and Pear) Regulations and the Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations provide for the manner of payment and rate of levy and export charge payable by apple, pear and nashi growers to fund the HRDC's activities.

 

At the annual conference of the Australian Apple and Pear Growers Association (AAPGA) in August 1991, the Association agreed to increase the levy and export charge collected on apple and pear growers to those provided for in the proposed regulations. Also at the recent annual meeting of the Australian Nashi Growers Association (ANGA) it was agreed to increase the levy collected on nashi growers to those provided for in the proposed regulations. Both the AAPGA and the ANGA advise that the increases should be directed, in full, to the HRDC and that there be no increase in the levy and export charge payable to the AHC. The increases are designed to provide additional .funds for industry research and development.

 

The Chairman of the HRDC recommended the proposed increases in levy and export charge to the Minister for Primary Industries and Energy and advised that he had the full support of the AAPGA and the ANGA. Copies of the Corporation's

recommendations and corroborating advice from the AAPGA and the ANGA are at Attachment C.

 

The increases in the rate of levy and export charge payable by apple and pear and nashi growers are: levy and, export charge on fresh apples and pears from 16 cents per box to 17 cents per box; levy on juicing apples, pears and nashis from $1.60 per tonne to $1.70 per tonne; levy on processing apples, pears and nashis from $3.20 per tonne to $3.40 per tonne. The increases are to take effect from 1 January 1992.

 

Details of the proposed regulations increasing the levy on apple, pear and nashi growers and increasing the export charge on apple and pear growers are given at Attachment A and Attachment B, respectively.

 

ATTACHMENT B

 

DETAILS OF THE PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (HORTICULTURAL EXPORT CHARGE) REGULATIONS AMENDMENT

 

Regulation 1 gives the date of commencement of the Regulations as 1 January 1992.

 

Regulation 2 defines the Regulations to be amended as the Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations.

 

Regulation 3 makes corrections to two minor errors in Regulation 5 by substituting "classes" for "class" in Paragraph 5(a) and by substituting "Schedule 2 is" for "Schedule 2-" in Paragraph 5(b).

 

Regulation 4 amends Regulation 6 by removing the reference to the percentage of export charge payable by apple, pear and nashi growers destined for the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC) and by prescibing the rate of export charge payable to the AHC and to the HRDC as that specified in Schedule 1.

 

Regulation 5 substitutes a new Schedule 1 in order to prescribe the separate actual amounts of export charge destined for each of the AHC and the HRDC. The new Schedule 1 also increases the rates of export charge payable to the HRDC by

 

 1 cent per box on fresh apples and pears.

Overview

The Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations (Amendment) 1991 No. 404 was enacted to address the need for additional funding for the Horticultural Research and Development Corporation (HRDC) through increased levies and export charges on apple, pear, and nashi growers. This amendment was introduced to align with the recommendations of the Australian Apple and Pear Growers Association (AAPGA) and the Australian Nashi Growers Association (ANGA), which supported an increase in levies and export charges to be directed towards the HRDC for research and development purposes. The regulation was authorised by the Minister for Primary Industries and Energy and was issued under the authority of the Primary Industries Levies and Charges Collection Act 1991, the Horticultural Levy Act 1987, and the Horticultural Export Charge Act 1987. The policy objective of these amendments is to ensure that the HRDC receives adequate funding to support joint industry/government research and development activities within the Australian horticultural industries.

Scope and Application

The Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations (Amendment) 1991 No. 404 applies to apple, pear, and nashi growers in Australia. It amends the Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations to increase the rates of horticultural export charge payable by these growers, effective from 1 January 1992. The increases are intended to fund additional research and development activities of the Horticultural Research and Development Corporation (HRDC) and are in line with agreements reached by the Australian Apple and Pear Growers Association and the Australian Nashi Growers Association. The amended regulations adjust the rates of export charge payable to both the Australian Horticultural Corporation and the HRDC, with specific focus on enhancing funding for the HRDC. The amendments do not alter the geographic or jurisdictional reach of the original regulations, which apply nationally, nor do they introduce any new exclusions, exemptions, or thresholds beyond those specified in the existing legislation.

Key Provisions

The primary operative sections of the Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations (Amendment) 1991 No. 404 include Regulation 4 and Regulation 5 (sections referenced as 4 and 5). Regulation 4 removes the previous reference to the percentage of export charge payable by apple, pear, and nashi growers destined for the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC). Instead, it prescribes the specific rate of export charge payable to each corporation as detailed in Schedule 1. Regulation 5 introduces a new Schedule 1 that not only specifies the actual amounts of export charge directed towards each corporation but also increases the rate of export charge payable to the HRDC by 1 cent per box on fresh apples and pears. These regulations impose specific obligations on apple, pear, and nashi growers in terms of the amount of export charge they are required to pay. The growers must ensure they adhere to the new rates prescribed in Schedule 1, which allocates the export charge between the AHC and the HRDC. The amendments aim to ensure that the additional funds collected are directed towards the HRDC to support industry research and development activities. Breach of these regulations could lead to civil consequences for the non-compliant growers. While the explanatory statement does not explicitly mention criminal or civil penalties for non-compliance, it is implied that failure to adhere to the prescribed rates would be considered a breach of the regulations. In general, such breaches could result in financial penalties or other enforcement actions taken by the relevant authorities to ensure compliance with the amended regulations. The exact nature and extent of these penalties would depend on the specific circumstances of non-compliance and the enforcement actions deemed appropriate by the authorities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.