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. 247 were introduced to address the need for increased funding for the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC), both of which support the Australian horticultural industry through domestic and export promotion and research and development, respectively. This amendment to the regulations was enacted by the Parliament of Australia under the authority of the Minister for Primary Industries and Energy, and it seeks to provide the AHC and the HRDC with the necessary financial resources to effectively carry out their functions. The increase in the horticultural export charge and levy, as agreed upon by the Australian Citrus Growers Federation, aims to enhance the capabilities of these corporations to promote and develop the Australian horticultural industry both domestically and internationally.

Scope and Application

The Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations (Amendment) 1992 No. 247, issued under the authority of the Minister for Primary Industries and Energy, pertains to the imposition and collection of levies and export charges for funding the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC). These levies and charges are applicable to citrus growers, who are the primary entities affected by this legislation. The amendment increases the rates of levy and export charge on citrus products, effective from 1 September 1992. The AHC, which is responsible for industry-funded domestic and export promotion for Australian horticultural industries, and the HRDC, which undertakes joint industry/government funded research and development activities, will receive increased funds as a result of these amendments. The amendments are designed to provide additional resources for the promotion and research activities of these corporations. The changes apply nationally within Australia, as they are made under the authority of the Commonwealth government, ensuring a consistent approach across all states and territories. The regulations do not explicitly state any exclusions, exemptions, or thresholds; however, they do specify the increased rates of levy and export charge for both bulk and non-bulk citrus products. The regulations extend and refine the application of the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, and the Primary Industries Levies and Charges Collection Act 1991 through the subordinate instruments, ensuring that the specified increases are implemented effectively.

Key Provisions

The Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations (Amendment) 1992 No. 247 (the Regulations) amend the rates of levy and export charge payable by citrus growers to fund the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC). Specifically, section 8 of the Horticultural Levy Act 1987 and section 8 of the Horticultural Export Charge Act 1987, which permit the rates of levy and export charge to be fixed by regulation, are affected by these amendments. Regulation 3 of the Regulations adjusts the rates, increasing the levy and export charge on citrus not in bulk from 4.5 cents per box to 6 cents per box, and on citrus in bulk from $2.25 per tonne to $3.00 per tonne. These increases are effective from 1 September 1992. The Regulations impose specific obligations on citrus growers and the AHC and HRDC to comply with the amended rates of levy and export charge. Citrus growers are required to pay the increased rates as specified in the Schedules of the amended Regulations. The AHC and HRDC are mandated to collect these increased levies and charges in accordance with the amended rates. This involves updating their records and payment systems to reflect the new rates starting from the effective date of 1 September 1992. The Australian Citrus Growers Federation (ACGF) played a role in recommending these increases to the Minister for Primary Industries and Energy, with their advice and recommendations documented in Attachments C and D. Failure to comply with the amended rates set out in the Regulations may result in legal consequences. The precise nature of these consequences is not explicitly detailed in the explanatory statement, but it is implied that non-compliance could lead to enforcement actions under the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, and the Primary Industries Levies and Charges Collection Act 1991. Penalties for non-compliance could include fines or other legal sanctions, although the maximum penalties are not specified within the explanatory statement. The amended Regulations are designed to ensure that the increased levies and charges are effectively collected and utilised for the intended purposes of promoting and developing Australia's horticultural industries.