Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES (APPLE AND PEAR) REGULATIONS(AMENDMENT) 1992 NO. 146

STATUTORY RULES 1992 No. 146

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 (Apple and Pear) Regulations (Amendment)

Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations (Amendment)

The Horticultural Levy Act 1987 (the Levy Act), the Horticultural Export Charge Act 1987 (the Export Charge Act) and the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provide for the imposition and collection of levy and export charge to fund the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC). The AHC carries out industry-funded domestic and export promotion for Australian horticultural industries.

Section 8 of the Levy Act and section 8 of the Export Charge Act permit the rates of levy and export charge, respectively, destined for the AHC to be fixed by regulation.

The Primary Industries Levies and Charges (Apple and Pear) Regulations and the Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations provide for the manner of payment and rate of levy and export charge payable by apple, pear and nashi growers to fund the AHC's activities.

At the annual conference of the Australian Apple and Pear Growers Association (AAPGA) in August 1991, the Association agreed to increase the AHC component of levy and export charge collected on apple and pear growers.

The AAPGA advises that the increases should be directed, in full, to the AHC and that there be no increase in the levy and export charge payable to the Horticultural Research and development Corporation, which were amended in December 1991. The increases are designed to provide additional funds for AHC activities concerning the apple and pear industry.

The Managing Director of the AHC recommended the proposed increases in levy and export charge to the Minister for Primary Industries and Energy and advised that he had the full support of the AAPGA. Copies of the Corporation's recommendations and corroborating advice from the AAPGA are at Attachments A and B.

The increases in the rate of levy and export charge payable by apple and pear and nashi growers are: levy and export charge on fresh apples and pears from 17 cents per box to 18 cents per box; levy on juicing apples and pears from $1.70 per tonne to $1.80 per tonne; levy on processing apples and pears from $3.40 per tonne to $3.60 per tonne. The increases are to take effect from 1 July 1992.

Details of the amendments are at Attachments C and D.

ATTACHMENT C

DETAILS OF THE PRIMARY INDUSTRIES LEVIES AND CHARGES (APPLE AND PEAR) REGULATIONS (AMENDMENT)

Regulation 1 gives the date of commencement of the Regulations as 1 July 1992.

Regulation 2 defines the Regulations to be amended as the Primary Industries Levies and Charges (Apple and Pear) Regulations.

Regulation 3 amends the schedules of rates of levy and rate of export charge destined for the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC) and by prescribing the rate of levy payable to the AHC and to the HRDC as that specified in the Schedule. The amended Schedule increases the rates of levy payable to the AHC by

•       1 cent per box on fresh apples and pears

•       $0.10 per tonne on juicing apples and pears

•       $0.20 per tonne on processing apples and pears.