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

Overview

The Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations 1991 No. 277 were enacted to address the need for increased funding to support the Horticultural Research and Development Corporation, which engages in joint industry and government funded research and development activities for Australian horticultural industries. The Regulations were issued under the authority of the Minister for Primary Industries and Energy and amend the Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations to increase the rates of levy and export charge payable by citrus growers. This was in response to a recommendation from the Chairman of the Horticultural Research and Development Corporation, supported by the Australian Citrus Growers' Federation, to raise funds for furthering the research and development efforts of the Corporation. The new rates, effective from 1 October 1991, are $1 per tonne for citrus in bulk and 2 cents per box for citrus not in bulk, representing a 50 cents per tonne and 1 cent per box increase on the previous rates.

Scope and Application

The Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations 1991, made under the Primary Industries Levies and Charges Collection Act 1991, apply to the collection of levies and charges on the export of horticultural products, specifically citrus, to fund the Horticultural Research and Development Corporation. This Act applies to entities involved in the export of citrus, including growers and exporters, within Australia. The geographic reach of these regulations is national, as they apply across all states and territories of Australia. The rates of the levy and export charge for citrus exports are set out in the regulations, with the new rates of $1 per tonne for citrus in bulk and 2 cents per box for citrus not in bulk effective from 1 October 1991. These amendments were made following recommendations from the Chairman of the Horticultural Research and Development Corporation, supported by the Australian Citrus Growers' Federation, to increase funding for research and development activities. The regulations do not explicitly state any exclusions or thresholds, but the application of these levies and charges is contingent upon the export of the specified horticultural products.

Key Provisions

The Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations 1991 (the Regulations) establish the new rates for the horticultural export charge that citrus growers must pay to fund the Horticultural Research and Development Corporation (the Corporation). According to Regulation 3, these new rates are $1 per tonne for citrus in bulk and 2 cents per box for citrus not in bulk (section 9 of the Horticultural Export Charge Act 1987). These rates will be in effect from 1 October 1991 (Regulation 1). The Regulations impose specific obligations on citrus growers to pay the increased rates of export charge. Growers must ensure that they comply with the new rates by making the necessary adjustments in their invoicing and payment processes to reflect the updated charges. The Corporation is tasked with collecting these charges, ensuring that the funds are used for research and development activities that benefit the Australian horticultural industry. Failure to comply with the new export charge rates set out in the Regulations may result in legal consequences. While the explanatory statement does not detail specific penalties, breaches of the Horticultural Export Charge Act 1987 or the Primary Industries Levies and Charges Collection Act 1991 could potentially lead to fines or other enforcement actions. The precise penalties would be in accordance with the respective acts, but they may include financial penalties or other corrective measures to ensure compliance with the required export charge rates.