Primary Industries Levies and Charges Collection (National Residue Survey - Apple and Pear) Regulations

Overview

The Primary Industries Levies and Charges Collection (National Residue Survey-Apple and Pear) Regulations 1997 were enacted to establish the rates of levies and charges applicable to apples and pears as part of the National Residue Survey. This was necessary to ensure the effective implementation of the Primary Industries Levies and Charges Collection Act 1991, the National Residue Survey Administration Act 1992, and the Horticultural Export Charge Act 1987. The regulations were issued by the Minister for Primary Industries and Energy under the authority granted by these Acts. The policy objective of these regulations is to set specific levy rates for different types of apples and pears, ensuring that the costs of the National Residue Survey are fully recovered in accordance with industry commitments. These rates are intended to align with the industry's full cost recovery approach, ensuring the sustainability and effectiveness of the residue survey program.

Scope and Application

The Primary Industries Levies and Charges Collection (National Residue Survey-Apple and Pear) Regulations 1997, made under the authority of the Minister for Primary Industries and Energy, establish the framework for the collection of levies on apples and pears within Australia. The Regulations apply to entities involved in the production, processing, or export of apples and pears, ensuring compliance with the requirements set out in the Primary Industries Levies and Charges Collection Act 1991, the National Residue Survey Administration Act 1992, and the Horticultural Export Charge Act 1987. The geographic reach of these Regulations is national, encompassing all states and territories within Australia. The prescribed rates of levy, which are intended to align with the industry's commitment to the National Residue Survey under full cost recovery, are set at ten cents per tonne for juicing apples and juicing pears, twenty cents per tonne for processing apples and processing pears, and one cent per box for other apples and pears. These rates are intended to cover the costs associated with the National Residue Survey, ensuring that the necessary residue testing and monitoring are conducted effectively. The Regulations may be extended or modified through subordinate instruments, allowing for adjustments based on industry feedback and evolving needs.

Key Provisions

The Primary Industries Levies and Charges Collection (National Residue Survey - Apple and Pear) Regulations 1997 (No. 363) (the Regulations) establish the framework for levy rates and collection mechanisms pertaining to apples and pears under the auspices of the Primary Industries Levies and Charges Collection Act 1991 (Collection Act), the National Residue Survey Administration Act 1992 (NRS Act), and the Horticultural Export Charge Act 1987 (Charge Act). Under Section 30 of the Collection Act, the Governor-General is empowered to issue regulations to facilitate the payment of levies and other amounts due to the Commonwealth. The NRS Act, under Section 13, allows for regulations that are required or permitted to be prescribed for the effective implementation of the Act, and the Charge Act, through Section 10, authorises the setting of a charge rate for specified classes of horticultural products. These regulations specifically address the rates of levy on apples and pears as stipulated by the NRS Act, aligning with industry commitments to the National Residue Survey. Entities and parties governed by these regulations are required to adhere to the prescribed levy rates. Under the NRS Act, the rates are set at ten cents per tonne for juicing apples and pears, twenty cents per tonne for processing apples and pears, and one cent per box for other apples and pears. These rates were established in consultation with the Apple and Pear Industry to ensure compliance with the National Residue Survey under a full cost recovery model. Producers, exporters, and other relevant parties must ensure that they are correctly applying these rates when making their payments. Compliance with these rates is crucial for maintaining the integrity of the National Residue Survey and ensuring that the funds collected are accurately accounted for. Failure to comply with the provisions outlined in these regulations can result in significant legal consequences. Under Section 9 of the Collection Act, penalties for non-compliance can include both civil and criminal sanctions. The maximum penalties for breaches of the Collection Act are substantial, with fines that can reach up to $22,200 for individuals and $111,000 for corporations. Additionally, under Section 12 of the NRS Act, any person who fails to comply with the regulations may be subject to penalties, including fines and imprisonment. The seriousness of these penalties underscores the importance of adhering to the prescribed levy rates and ensuring timely and accurate payments. These provisions are designed to enforce compliance and protect the interests of all stakeholders involved in the apple and pear industries.