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

Overview

The Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations (Amendment) 1992 No. 147 were enacted to amend the rates of levy and export charge payable by apple, pear, and nashi growers to fund the activities of the Australian Horticultural Corporation (AHC). This legislation is an amendment to the Primary Industries Levies and Charges Collection Act 1991, the Horticultural Levy Act 1987, and the Horticultural Export Charge Act 1987. These acts provide for the imposition and collection of levies and charges to fund the AHC and the Horticultural Research and Development Corporation (HRDC). The amendment was introduced to address the need for increased funding for the AHC's activities, as recommended by the AHC and supported by the Australian Apple and Pear Growers Association (AAPGA). The AAPGA had agreed to the increases at their annual conference in August 1991, with the specific aim of directing the additional funds solely to the AHC and not to the HRDC. The policy objective of the amendment was to ensure that the AHC received sufficient resources to effectively promote the apple and pear industries both domestically and internationally.

Scope and Application

The Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations (Amendment) 1992 No. 147 applies to apple and pear growers, along with the broader horticultural industry, in Australia. These regulations amend the Primary Industries Levies and Charges (Apple and Pear) Regulations to adjust the rates of levy and export charge payable by apple and pear growers to support the activities of the Australian Horticultural Corporation (AHC). The changes, which took effect from 1 July 1992, were recommended by the AHC's Managing Director and were supported by the Australian Apple and Pear Growers Association (AAPGA). The amended rates are designed to provide additional funds for AHC activities, particularly those focused on the apple and pear industry. The geographic scope of these regulations is national, applying to all apple and pear growers across Australia, and they extend the application of the original levies and charges under the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, and the Primary Industries Levies and Charges Collection Act 1991. The regulations do not explicitly mention any exclusions, exemptions, or thresholds, and their application is further detailed in subordinate instruments, which may provide additional clarifications and specifics on implementation.

Key Provisions

The Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations (Amendment) 1992 No. 147, as referenced in the Explanatory Statement, primarily concerns amendments to the rates of levy and export charges for the apple and pear industry in Australia. These amendments are intended to increase the funding available to the Australian Horticultural Corporation (AHC) for industry-funded domestic and export promotion activities. Specifically, section 8 of the Horticultural Levy Act 1987 and section 8 of the Horticultural Export Charge Act 1987 allow for the rates of levy and export charge to be adjusted by regulation. The amendments involve an increase in the levy and export charge on fresh apples and pears from 17 cents per box to 18 cents per box, an increase in the levy on juicing apples and pears from $1.70 per tonne to $1.80 per tonne, and an increase in the levy on processing apples and pears from $3.40 per tonne to $3.60 per tonne. These changes are to take effect from 1 July 1992. The obligations imposed by these regulations on apple and pear growers include the requirement to pay the increased rates of levy and export charge as specified in the amended regulations. The AHC, as the entity responsible for collecting these levies and charges, must ensure that the new rates are accurately applied and collected from the relevant growers. Additionally, the Horticultural Research and Development Corporation (HRDC) is also involved in the collection process, although the amended regulations specify that the additional funds raised from the increased charges should be directed entirely to the AHC. This change aims to provide more resources for the AHC's promotional activities without increasing the burden on growers in terms of overall levies and charges. In terms of consequences for non-compliance, while the Explanatory Statement does not explicitly outline specific offences or penalties, it is reasonable to infer that failure to comply with the new rates as stipulated in the amended regulations could lead to legal repercussions. Under the Primary Industries Levies and Charges Collection Act 1991, non-compliance with the collection of levies and charges could result in enforcement actions. This might include fines or other civil penalties imposed by the relevant authorities to ensure that the levies and charges are correctly applied and collected. The exact penalties would depend on the specific provisions of the Act and any related enforcement guidelines or regulations.