Commonwealth Numbered Regulations - Explanatory Statements

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PRAWN EXPORT PROMOTION LEVIES AND CHARGES REGULATIONS 1995 NO. 245

STATUTORY RULES 1995 No. 245

Issued by the Authority of the Minister for Resources

Prawn Export: Promotion Act 1995

Prawn Export Charge Act 1995

Prawn Boat: Levy Act 1995

Prawn Export Promotion Levies and Charges Regulations

The Prawn Export: Promotion Act 1995 (Export Promotion Act) Prawn Export Charge Act 1995 (Charge Act) and Prawn Boat Levy Act 1995 (Levy Act) provide respectively in their sections 28, 7 and 9, that the Governor-General has power to make regulations prescribing the rates of prawn export charge and prawn boat levy, arrangements for their collection and other matters related to export prawn promotion.

These Acts, which came into effect on 1 July 1995, give legal force to a Governmentindustry scheme to promote Australian sea-caught prawns in overseas markets using funds raised from industry by means of the export charge and boat levy. The Charge and Levy Acts impose the charge and levy under section 4 of each Act and the Export Promotion Act provides for the collection, management and expenditure of these funds.

As required under the respective sections 7 and 9 of the Charge and Levy Acts, before making regulations prescribing the rate of export charge and boat levy, the Governor-General took into consideration recommendations relating to the rate of charge and levy made to the Minister by the Australian Prawn Promotion Association Limited (APPA), the prescribed industry organisation, and approved at its 28 June 1995 annual general meeting. The rates of charge and levy prescribed match the recommended levels.

The rate of export charge prescribed is 2 cents per kilogram, the maximum permissible rate being 10 cents per kilogram. The rates of boat levy prescribed for the 4 boat length classes are $50, $100, $200 and $500, the respective maximum permissible rates being $75, $150, $300 and $750.

Details of the Regulations are as follows.

Regulation 1 provides for the Regulations to be cited as the Prawn Export Promotion Levies and Charges Regulations.

Regulation 2 defines "Australian Maritime Safety Authority" and gives short methods of reference to the 3 Acts under which the Regulations were made.

Regulation 3 prescribes the rates of prawn boat levy as 4 different rates dependent on the length of the ship.

Regulation 4 describes how the length of a ship for purposes of Regulation 3 is to be determined.

Regulation 5 prescribes the prawn export charge to be 2 cents per kilogram net weight of exports of sea-caught prawns, parts of sea-caught prawns and prawn components of sea-caught prawn products.

Regulation 6 provides, for purposes of section 10 of the Export Promotion Act, that the due date for payment of prawn boat levy in any financial year is 31 December or 28 days after the ship becomes a commercial prawn boat, whichever is the later.

Regulation 7 provides, for purposes of section 10 of the Export Promotion Act, that the due date for payment of export charge is 28 days after the end of each 6 month period during which liability to pay the charge was incurred by virtue of prawns, prawn parts or products having been exported. The 6 month periods in question are those ending on 31 December and 30 June. If a prawn exporter has not exported more than 5000 kilograms of prawns, parts or products by 31 December but does exceed the 5000 kilogram amount of exports during the following 6 month period, that exporter's due date for payment of charge for the whole financial year is 28 days after 30 June. Under the Export Promotion Act, if a particular exporter's exports do not exceed 5000 kilograms during the whole financial year, no charge is payable for that year.

Regulation 8 specifies, for purposes of being able to assess liability to pay levy, the records that owners of commercial prawn boats are required to keep.

Regulation 9 requires returns of information related to the above-mentioned records to be provided on the same due dates as those that apply to the payment of the levy. The returns are to be lodged at the office of the collecting organisation, if one has been appointed, or else the office of the Secretary of the Department administering the legislation- The same office is to be advised within 28 days of any change to this information.

Regulation 10 specifies, for purposes of being able to assess liability to pay export charge, the records that prawn exporters are required to keep.

Regulation 11 requires returns of information related to the above-mentioned records to be provided on the same due dates as those that apply to the payment of the charge. The returns are to be lodged at the office of the collecting organisation, if one has been appointed, or else the office of the Secretary of the Department administering the legislation. The same office is to be advised within 28 days of any change to this information.

Regulation 12 specifies, for audit purposes, a 2 year retention period for the records required to be kept under Regulations 8 and 10.

Regulation 13 enables the Minister to make orders with respect to all matters for or in relation to which provision may be made by regulations under the Export Promotion Act other than prescribing penalties. These matters include due dates for the payment of charge and levy, keeping of records by charge and levy payers and submission of returns, prescribing a new industry organisation for purposes of the Act and prescribing a new definition of "prawns".

The Regulations commenced on gazettal.