Primary Industries Levies and Charges Collection (Nashi) Regulations (Amendment)

Overview

The Primary Industries Levies and Charges Collection (Nashi) Regulations (Amendment) 1995, enacted by the Governor-General under the authority of the Minister for Primary Industries and Energy, address the specific funding requirements of the Australian Nashi Growers Association (ANGA) following its decision to withdraw from the Australian Horticultural Corporation (AHC) and increase its contributions to the Horticultural Research and Development Corporation (HRDC). This legislative amendment responds to the need for a revised distribution of statutory levies and export charges between the AHC and HRDC. The policy objective is to ensure that the AHC and HRDC continue to receive adequate funding to support their respective roles in marketing, promotion, and research and development within the horticultural sector. The amendments reflect the recommendations of both the AHC and HRDC, aiming to maintain the balance and effectiveness of funding across these entities.

Scope and Application

The Primary Industries Levies and Charges Collection (Nashi) Regulations (Amendment) 1995 No. 378 applies to the collection and allocation of levies and charges under the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987, specifically targeting the nashi pear industry. This amendment responds to the Australian Nashi Growers Association’s decision to withdraw from the Australian Horticultural Corporation (AHC) and to increase contributions to the Horticultural Research and Development Corporation (HRDC). The regulations affect the allocation of funds, directing zero levies and charges to the AHC and increasing the levies and charges directed to the HRDC. These changes are designed to reflect the industry's current funding model and strategic priorities, particularly in research and development. The Regulations are applicable to all entities involved in the production, marketing, and export of nashi pears within Australia and commenced on 1 January 1996. The legislative framework allows for further amendments through subordinate instruments, enabling the Minister to adjust rates and allocations as necessary based on recommendations from the AHC and HRDC.

Key Provisions

The Primary Industries Levies and Charges Collection (Nashi) Regulations (Amendment) 1995 No. 378 primarily amends the rates of levies and charges applicable under the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987. Specifically, section 14 of these Acts permits the Governor-General to make regulations for the purpose of the Acts, and this amendment adjusts the allocation of funds raised by levies and export charges towards the Horticultural Research and Development Corporation (HRDC) and the Australian Horticultural Corporation (AHC). The key change is the reallocation of funds from the AHC to the HRDC, in response to the Australian Nashi Growers Association's decision to withdraw from the AHC. The Regulations set the levy and charge rates for fresh fruit, juicing nashi, and processing fruit, and these rates became effective on 1 January 1996. The obligations imposed by these Regulations on the parties involved, particularly the growers and the corporations, are primarily financial. Growers are required to contribute to the levies and export charges as stipulated by the Regulations. The levies and export charges are meant to support the research and development activities of the HRDC and the marketing and promotion efforts of the AHC. By amending the allocation, the Regulations ensure that the growers continue to fund the HRDC while no longer contributing to the AHC. The HRDC and AHC are obligated to recommend changes to the Minister, which the Governor-General must consider before making the regulations. Failure to comply with the provisions of these Regulations could result in various consequences. Although the specific offences, penalties, or consequences for non-compliance are not detailed within the Regulations, under the broader framework of the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987, non-compliance could potentially lead to civil or criminal penalties. The exact nature and severity of these penalties would depend on the specific circumstances of non-compliance, as well as any relevant provisions in the primary Acts and other applicable laws.