Primary Industries Levies and Charges Collection (Passionfruit) Regulations 1999 1999 No. 53
EXPLANATORY STATEMENT
STATUTORY RULES 1999 NO. 53
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Primary Industries Levies and Charges Collection Act 1991
Horticultural Levy Act 1987
Horticultural Export Charge Act 1987
Primary Industries Levies and Charges Collection (Passionfruit) Regulations 1999
The Governor-General may make regulations to impose levies and export charges on classes of horticultural products under subsection 14(1) of both the Horticultural Levy Act 1987 (the Levy Act) and the Horticultural Export Charge Act 1987 (the Export Charge Act). The Governor-General may also make regulations to provide for the collection of levy and export charge under subsection 30(1) of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act).
The Regulations impose a statutory levy and export charge on the passionfruit industry, at the industry's request, under section 9 of both the Levy and the Export Charge Acts. The levy and export charge are set at an operative rate of:
(a) for passionfruit sold on the fresh market in 18 litre cartons: 15 cents per carton; and
(b) for passionfruit sold on the fresh market, not packed in 18 litre cartons: 15 cents for each 8 kilo of passionfiruit; and
(c) for passionfiruit directed to processing: 1 cent per kilogram of passionfruit.
Funds raised under the arrangements will be directed to the Horticultural Research and Development Corporation (HRDC) to be matched by the Government and used to support jointly funded research and development (R&D).
The Regulations also provide for the manner of payment of levy and export charge, the provision of returns by persons who must lodge a quarterly return for passionfruit levy and export charge and the keeping of records.
Background
Section 9 of both the Levy and Export Charge Acts provide that regulations may fix a rate of levy and export charge in respect of the HRDC. The Regulations set operative rates for levy and export charge of. 15 cents per carton for passionfruit sold on the fresh market in 18 litre cartons; 15 cents for each 8 kilograms of passionfiruit sold on the fresh market but not packed in 18 litre cartons; and 1 cent per kilogram of passionfruit directed to processing.
Subsection 14(4) of both the Levy and Export Charge Acts require the Governor-General to take into account any recommendation to the Minister from the HRDC before making regulations to fix a rate of levy and export charge.
Subsection 14(7) of both the Levy and Export 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, and exemptions from, levy and export charge to the Minister.
Subsection 14(8) of both the Levy and Export Charge Acts require that a recommendation made by the HRDC to the Minister be accompanied by a written statement of the views of the industry body consulted in relation to the recommendation.
Section 18 of the Regulations prescribe the Australian Passionfiruit Industry Association Incorporated (APIA) as the eligible industry body with which the HRDC must consult in relation to passionfruit.
The HRDC recommended the rate of levy and export charge to the Minister after consultation with the APIA. The Regulations give effect to the recommendations of the HRDC, which are consistent with the industry request.
The Regulations prescribe passionfruit as a product for the purposes of the definition (b) of producer in subsection 4(1) of the Collection Act. That is, the producer is the person who owns the passionfruit immediately after harvesting.
Subsections 7(1), (2) and (3) of the Collection Act provide that intermediaries are liable to pay any levy and export charge that remains unpaid by the producer. This allows collection of levy and export charge through intermediaries such as first purchasers who purchase passionfruit, buying and selling agents who trade in passionfiruit, exporters and exporting agents who export passionfruit as well as processors who process passionfruit. The Regulations prescribe passionfruit as a product for the purposes of section 7 of the Collection Act.
Section 8 of the Collection Act allows the intermediaries to deduct amounts paid from proceeds to the producer.
The Regulations commence on 1 May 1999.
Overview
The Primary Industries Levies and Charges Collection (Passionfruit) Regulations 1999 were enacted to address the need for specific levies and export charges on the passionfruit industry, in response to a request from the industry itself. These regulations were made under the authority of the Governor-General, as provided by sections 14(1) of the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987, and section 30(1) of the Primary Industries Levies and Charges Collection Act 1991. The primary objective of these regulations is to impose a statutory levy and export charge on the passionfruit industry to fund the Horticultural Research and Development Corporation (HRDC). The funds raised through these levies and charges are intended to be matched by the government and used to support jointly funded research and development in the passionfruit industry. The regulations set specific rates for the levy and export charge, including 15 cents per carton for passionfruit sold on the fresh market in 18-litre cartons, 15 cents for each 8 kilograms of passionfruit sold on the fresh market but not packed in 18-litre cartons, and 1 cent per kilogram of passionfruit directed to processing. These rates were recommended by the HRDC following consultation with the Australian Passionfruit Industry Association Incorporated (APIA), as required by the relevant Acts.
Scope and Application
The Primary Industries Levies and Charges Collection (Passionfruit) Regulations 1999 applies to the passionfruit industry in Australia, specifically to the producers of passionfruit, intermediaries, and processors. The industry body responsible for consulting with the Horticultural Research and Development Corporation (HRDC) on the rates of levy and export charge is the Australian Passionfruit Industry Association Incorporated. The levy and export charge are set at an operative rate of 15 cents per carton for passionfruit sold on the fresh market in 18 litre cartons, 15 cents for each 8 kilograms of passionfruit sold on the fresh market but not packed in 18 litre cartons, and 1 cent per kilogram of passionfruit directed to processing. The funds raised from the levy and export charge will be directed to the HRDC to be matched by the Government and used to support jointly funded research and development. The Regulations also provide for the manner of payment of levy and export charge, the provision of returns by persons who must lodge a quarterly return for passionfruit levy and export charge and the keeping of records. The Regulations have a national reach and apply to all passionfruit producers, intermediaries and processors in Australia.
Key Provisions
The Primary Industries Levies and Charges Collection (Passionfruit) Regulations 1999 (the Regulations) establish the rates for the levy and export charge on passionfruit, as required under section 9 of both the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987. The rates are set at 15 cents per carton for passionfruit sold on the fresh market in 18-litre cartons, 15 cents for each 8 kilograms of passionfruit sold on the fresh market but not packed in 18-litre cartons, and 1 cent per kilogram of passionfruit directed to processing. The funds raised are to be directed to the Horticultural Research and Development Corporation (HRDC) to be matched by the government and used to support jointly funded research and development (R&D).
The Regulations impose several obligations on the parties involved. Under section 18, the HRDC is required to consult with the Australian Passionfruit Industry Association Incorporated (APIA), as the eligible industry body, before recommending rates of levy and export charge to the Minister. The HRDC must also provide a written statement of the industry body's views along with any recommendations made to the Minister (subsection 14(8) of both the Levy and Export Charge Acts). Additionally, the Regulations specify the parties responsible for paying the levy and export charge, including producers, intermediaries such as first purchasers, buying and selling agents, exporters, exporting agents, and processors (subsections 4(1) and 7(1)-(3) of the Primary Industries Levies and Charges Collection Act 1991). Intermediaries are allowed to deduct the amounts paid from proceeds to the producer (section 8 of the Collection Act).
Failure to comply with the Regulations can result in legal consequences. Under the Collection Act, intermediaries who do not remit the unpaid levy and export charge to the HRDC are liable for the amounts owed by the producers. Additionally, there may be civil or criminal penalties for non-compliance, although the exact penalties are not specified in the Regulations. The levies and charges are intended to support research and development activities within the passionfruit industry, and any failure to remit these funds could lead to enforcement actions by the HRDC or other relevant authorities.