Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment) 1998 No. 89
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 89
Issued by the Authority of the Minister for Primary Industries and Energy
Primary Industries Levies and Charges Collection Act 1991
Horticultural Levy Act 1987
Horticultural Export Charge Act 1987
Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment)
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 charge under subsection 30(1) of the Primary Industries Levies and Charges Collection Act 1991.
The Horticultural Research and Development Corporation (HRDC) co-ordinates research and development for many horticultural industries. The HRDC is funded by statutory levies and export charges, voluntary contributions and Commonwealth Government matching funding.
Section 9 of both the Levy and Export Charge Acts provide that the regulations may fix rates of levy and export charge destined for the HRDC.
Subsection 14(4) of both the Levy and Export Charge Acts provide that the GovernorGeneral, before making any regulations for the purposes of Section 9, shall consider any relevant recommendation made by the HRDC to the Minister for Primary Industries and Energy in relation to the levy rate.
Subsection 14(7) of both the Levy and Export Charge Acts require that before making a recommendation to the Minister for Primary Industries and Energy, the HRDC shall consult the eligible industry body for the leviable horticultural product, which in the case of avocados is the Australian Avocado Growers' Federation (AAGF).
Subsection 14(8) of both the Levy and Export Charge Acts require that recommendations made by the HRDC to the Minister for Primary Industries and Energy be accompanied by a written statement of the views of the industry body consulted in relation to the recommendation.
The purpose of the Regulations is to increase the amount of levy and export charge directed towards the HRDC from 6 cents to 8 cents per standard tray of avocados and from $10 per tonne to $13.33 per tonne for avocados in bulk.
The Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment) give effect to the AAGF's views to increase the avocado industry's contributions to the HRDC. The HRDC has recommended the proposed changes.
The Regulations commenced on 1 July 1998.
Overview
The Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment) 1998 No. 89 was enacted to address the need for increased funding for the Horticultural Research and Development Corporation (HRDC) from the avocado industry. This was achieved by adjusting the rates of the levies and export charges on avocados under the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987. The regulations were made under the authority of the Minister for Primary Industries and Energy, in accordance with section 14 of the Primary Industries Levies and Charges Collection Act 1991. The policy objective was to align the contributions of the avocado industry more closely with the funding needs of the HRDC, as recommended by the Australian Avocado Growers' Federation (AAGF) and subsequently endorsed by the HRDC. These amendments took effect on 1 July 1998.
Scope and Application
The Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment) 1998 No. 89 pertains to the collection of levies and export charges on avocados, applying under the authority granted by the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987. These regulations are instrumental in determining the rates at which levies and charges are imposed on avocado producers and exporters, ultimately funding the Horticultural Research and Development Corporation. The amendment increases the levy rate from 6 cents to 8 cents per standard tray of avocados and from $10 per tonne to $13.33 per tonne for avocados in bulk. These regulations apply to all avocado growers and exporters within Australia, thereby impacting the avocado industry comprehensively across the nation. The amendment was made to align with recommendations from the Australian Avocado Growers' Federation, ensuring that the avocado industry's contributions to the HRDC reflect the industry's needs and are consistent with their feedback. The regulations came into effect on 1 July 1998, thus extending their reach to all avocado transactions and activities occurring from that date forward.
Key Provisions
The main sections of the Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment) 1998 No. 89 include Section 9, which pertains to the rates of levy and export charge for avocados, and Section 14(4), which specifies the process for the Governor-General to consider recommendations from the Horticultural Research and Development Corporation (HRDC) before making regulations. The primary objective of these amendments is to increase the levies and charges on avocados to support the HRDC. Specifically, Section 9 sets the new levy rate at 8 cents per standard tray of avocados and $13.33 per tonne for avocados in bulk. This represents an increase from the previous rates of 6 cents per standard tray and $10 per tonne.
The Act imposes obligations on several parties, including the Governor-General, the HRDC, and the Australian Avocado Growers' Federation (AAGF). The Governor-General must consider any recommendations from the HRDC regarding levy rates, as outlined in Section 14(4) of both the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987. The HRDC, which coordinates research and development for horticultural industries, is required to consult with the AAGF, the industry body for avocados, before making recommendations to the Minister for Primary Industries and Energy, as stipulated in Section 14(7). Additionally, Section 14(8) mandates that the HRDC's recommendations be accompanied by a written statement of the AAGF's views. These provisions ensure that industry stakeholders have a voice in the regulatory process.
Failure to comply with the provisions of these regulations can result in legal consequences. The specific offences, penalties, or consequences for non-compliance are not detailed in the explanatory statement, but generally, breaches of regulations may lead to fines or other penalties as prescribed by the relevant Acts. The maximum penalties would typically be determined by the terms of the Primary Industries Levies and Charges Collection Act 1991 and associated Acts. Enforcement actions would be taken to ensure compliance with the new levy and charge rates, thereby maintaining the integrity of the funding mechanism for the HRDC.