Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations (Amendment) 1993 No. 335
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 335
Issued by the Authority of the Minister for Primary Industries and Energy
HORTICULTURAL LEVY ACT 1987
HORTICULTURAL EXPORT CHARGE ACT 1987
PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION ACT 1991
PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (MACADAMIA NUT) REGULATIONS (AMENDMENT)
Section 6 of the Horticultural Levy Act 1987 (the Levy Act) imposes levy on leviable horticultural products which are produced in Australia and sold or used in the production of other goods. Section 6 of the, Horticultural Export Charge Act 1987 (the Charge Act) imposes export charge on chargeable horticultural products which are produced in Australia and exported. Levies and export charges imposed under the arrangements fund industry marketing and research activity through the Australian Horticultural Corporation (the AHC) and the Horticultural Research and Development Corporation (the HRDC).
Under subsection 14(1) of each of the Levy and Charge Acts, the Governor-General may make regulations to give effect to the Acts. The Governor-General may also make regulations under subsection 30(1) of the Primary Industries Levies and Charges Collection Act 1991 to put in place a mechanism for collection of the levy and charge.
A levy and export charge under the arrangements have been in place on macadamia nuts since 1 April 1992 under the Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations. Under the arrangements, two cents per kilogram is directed to the AHC for marketing and one cent per kilogram is directed to the HRDC for research and development.
The 1993 Annual General Meeting of the Australian Macadamia Society Limited (AMS) resolved to support an increased research effort by increasing the rate of levy and export charge destined to the HRDC from one cent per kilogram nut-in-shell to two cents per kilogram nut-in-shell. The meeting retained the two cents per kilogram levy and export charge rates destined to the AHC for marketing. The impact of these decisions is to increase the total rate of levy and export charge on macadamia nuts from three to four cents per kilogram.
Section 9 of each of the Levy and Charge Acts provide for a rate of levy and charge to be fixed by regulation in respect of the HRDC. The proposed Regulations amend regulations 13(2) and 14(2) of the Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations to increase the rate of levy and export charge, destined to the HRDC, payable on macadamia nuts.
Subsection 14(4) of each of the Levy and Charge Acts require the Governor-General to take into account any recommendation to the Minister from the HRDC before making regulations for the purposes of section 9 of each of the Levy and Charge Acts. Subsection 14(7) of each of the Levy and Charge Acts require the HRDC to consult with the body that is the eligible industry body for the relevant horticultural product before recommending rates of levy and charge to the Minister.
The HRDC recommended the rate change to the Minister after consultation with the AMS, which is the eligible industry body for macadamia nuts. The proposed Regulations give effect to the recommendation of the HRDC, which is consistent with the industry request. Copies of the recommendation and a statement from the industry in support of the levy and export charge rates increase are attached.
Details of the proposed Regulations increasing the rate of levy and export charge are as follows:
Regulation 1 provides that the regulations will take effect from 1 January 1994.
Regulation 2 provides that the regulations amend the Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations.
Regulation 3 prescribes that the rate of levy destined for the Horticultural Research and Development Corporation for macadamia nuts is two cents per kilogram from 1 January 1994.
Regulation 4 prescribes that the rate of export charge destined for the Horticultural Research and Development Corporation for macadamia nuts is two cents per kilogram from 1 January 1994.
Overview
The Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations (Amendment) 1993 No. 335 was enacted to amend the existing regulatory framework concerning the collection of levies and charges on macadamia nuts. The primary objective of this amendment is to align the rates of levy and export charge with the recommendations made by the Horticultural Research and Development Corporation (HRDC), following consultations with the Australian Macadamia Society Limited (AMS). This change responds to the AMS's request to enhance research efforts by increasing the rate of levy and export charge directed to the HRDC. The regulations, issued by the authority of the Minister for Primary Industries and Energy, ensure that the levies and export charges collected fund industry marketing and research activities through the Australian Horticultural Corporation (AHC) and the HRDC.
The legislation was enacted by the Governor-General under the authority provided by the Horticultural Levy Act 1987, the Horticultural Export Charge Act 1987, and the Primary Industries Levies and Charges Collection Act 1991. The policy objective behind these amendments is to facilitate a more robust research and development framework for the macadamia industry, ensuring that the increased funding meets the needs of the industry as recommended by the AMS and endorsed by the HRDC. The amendment will increase the total rate of levy and export charge on macadamia nuts from three to four cents per kilogram, effective from 1 January 1994.
Scope and Application
The Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations (Amendment) 1993 No. 335, issued under the authority of the Minister for Primary Industries and Energy, pertains to the amendment of existing regulations regarding the collection of levies and export charges on macadamia nuts produced in Australia. These regulations amend the Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations, which were established under the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987. The primary objective of these amendments is to adjust the rates of levy and export charge allocated to the Horticultural Research and Development Corporation (HRDC) for macadamia nuts. The amendments follow recommendations from the HRDC, which consulted with the Australian Macadamia Society Limited, the industry body for macadamia nuts, before proposing the changes to the Minister. The new rates, effective from 1 January 1994, increase the levy and export charge directed to the HRDC from one to two cents per kilogram nut-in-shell, while retaining the two cents per kilogram rates for the Australian Horticultural Corporation for marketing purposes. This results in a total levy and export charge of four cents per kilogram, up from three cents previously. The regulations ensure that the increased funds will support enhanced research and development activities within the macadamia nut industry.
Key Provisions
The Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations (Amendment) 1993 No. 335 amends the existing regulations concerning the collection of levies and export charges on macadamia nuts. Section 3 of the Regulations specifies that the amendments will take effect from 1 January 1994. This amendment increases the rate of levy and export charge directed to the Horticultural Research and Development Corporation (HRDC) for macadamia nuts, while retaining the existing rate directed to the Australian Horticultural Corporation (AHC). Specifically, Regulation 3 sets the levy rate for the HRDC at two cents per kilogram, and Regulation 4 sets the export charge rate for the HRDC at two cents per kilogram, both effective from 1 January 1994.
These regulations impose certain obligations on the parties involved. Firstly, they require the Governor-General to consider recommendations from the HRDC when making regulations under the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987. In this case, the HRDC recommended the rate change after consulting with the Australian Macadamia Society Limited (AMS), the eligible industry body for macadamia nuts. Secondly, the regulations mandate that the HRDC consult with the AMS before recommending any changes to the Minister. This ensures that industry stakeholders have a voice in the regulatory process and that the changes reflect their needs and priorities.
Failure to comply with these regulations may lead to civil or criminal consequences. While the specific penalties for breach are not outlined in the Explanatory Statement, breaches of similar regulatory frameworks often result in fines or other penalties as stipulated by the relevant Acts. For instance, under the Primary Industries Levies and Charges Collection Act 1991, non-compliance can lead to financial penalties, and in severe cases, criminal charges. The precise penalties would depend on the nature and severity of the breach, but they serve as a deterrent to ensure adherence to the prescribed rates and obligations.