Primary Industries Levies and Charges Collection (Stone Fruit) Regulations (Amendment)

Overview

The Primary Industries Levies and Charges Collection (Stone Fruit) Regulations (Amendment) 1998 No. 157 were enacted to address the need for clear definitions and regulations around the collection of levies on stone fruit producers. These regulations were issued under the authority of the Minister for Primary Industries and Energy and are amendments to existing legislation including the Horticultural Export Charge Act 1987, the Horticultural Levy Act 1987, and the Primary Industries Levies and Charges Collection Act 1991. The primary objective of these regulations is to establish who is considered the producer of stone fruit, thereby determining the entity responsible for paying the National Residue Survey levy, in accordance with the Primary Industries Levies and Charges Collection Act 1991. These amendments came into effect on 3 July 1998, the same date as the proclamation of Schedule 2 of the National Residue Survey Administration Amendment Act 1998.

Scope and Application

The Primary Industries Levies and Charges Collection (Stone Fruit) Regulations (Amendment) 1998 No. 157 applies to the collection of levies and charges under the Horticultural Export Charge Act 1987, the Horticultural Levy Act 1987, and the Primary Industries Levies and Charges Collection Act 1991, specifically for stone fruit. This legislation identifies the entities responsible for the payment of the National Residue Survey levy, establishing the producers of stone fruit as the liable parties. The regulations were made under the authority of the Minister for Primary Industries and Energy and came into effect on 3 July 1998, the date of proclamation of Schedule 2 of the National Residue Survey Administration Amendment Act 1998. The geographic reach of these regulations is consistent with the jurisdictional scope of the primary Acts they amend, encompassing the entire Commonwealth of Australia. The regulations do not explicitly state any exclusions or exemptions, but they do specify the criteria for determining stone fruit producers and the associated levy liabilities. Furthermore, the application of these regulations can be extended or restricted through subordinate instruments made under the authority of the relevant Acts.

Key Provisions

The Primary Industries Levies and Charges Collection (Stone Fruit) Regulations (Amendment) 1998 No. 157 (the "Regulations") are made under Sections 14 of the Horticultural Export Charge Act 1987 and the Horticultural Levy Act 1987, and Section 30 of the Primary Industries Levies and Charges Collection Act 1991. These Regulations, effective from 3 July 1998, clarify the definition of a stone fruit producer, thereby establishing who is liable for the National Residue Survey levy under the Primary Industries Levies and Charges Collection Act 1991. Specifically, the Regulations outline that the person responsible for growing, packing, or preparing stone fruit for export or sale is considered the producer and must therefore pay the levy. Under these Regulations, the parties involved, primarily those engaged in the production of stone fruit for commercial purposes, must comply with the specified definitions and criteria to determine levy liability. The Regulations impose obligations on these producers to accurately identify themselves and ensure they meet the criteria outlined for levy payment. Producers are required to provide necessary information and documentation to relevant authorities to facilitate compliance with the levy obligations. Failure to comply with these Regulations can lead to various consequences. Firstly, non-compliance with the requirements to identify the producer and pay the applicable levies may result in financial penalties. The exact nature and amount of penalties are not specified in the Explanatory Statement but typically would align with the provisions of the Primary Industries Levies and Charges Collection Act 1991. Additionally, persistent non-compliance might lead to legal action, which could include court proceedings. The potential penalties might include fines and, in severe cases, prosecution, which could result in further legal and financial repercussions for the offending party.