Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (HORTICULTURAL EXPORT CHARGE) REGULATIONS (AMENDMENT) 1991 NO. 404

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 404

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 HRDC carries out joint industry/government funded research and development activities for Australian horticultural industries.

Section 9 of the Levy Act and section 9 of the Export Charge Act permit the rate of levy and export charge, respectively, destined for the HRDC 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 HRDC's activities.

At the annual conference of the Australian Apple and Pear Growers Association (AAPGA) in August 1991, the Association agreed to increase the levy and export charge collected on apple and pear growers to those provided for in the proposed regulations. Also at the recent annual meeting of the Australian Nashi Growers Association (ANGA) it was agreed to increase the levy collected on nashi growers to those provided for in the proposed regulations. Both the AAPGA and the ANGA advise that the increases should be directed, in full, to the HRDC and that there be no increase in the levy and export charge payable to the AHC. The increases are designed to provide additional .funds for industry research and development.

The Chairman of the HRDC 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 and the ANGA. Copies of the Corporation's recommendations and corroborating advice from the AAPGA and the ANGA are at Attachment C.

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 16 cents per box to 17 cents per box; levy on juicing apples, pears and nashis from $1.60 per tonne to $1.70 per tonne; levy on processing apples, pears and nashis from $3.20 per tonne to $3.40 per tonne. The increases are to take effect from 1 January 1992.

Details of the proposed regulations increasing the levy on apple, pear and nashi growers and increasing the export charge on apple and pear growers are given at Attachment A and Attachment B, respectively.

ATTACHMENT B

DETAILS OF THE PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (HORTICULTURAL EXPORT CHARGE) REGULATIONS AMENDMENT

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

Regulation 2 defines the Regulations to be amended as the Primary Industries Levies and Charges Collection (Horticultural Export Charge) Regulations.

Regulation 3 makes corrections to two minor errors in Regulation 5 by substituting "classes" for "class" in Paragraph 5(a) and by substituting "Schedule 2 is" for "Schedule 2-" in Paragraph 5(b).

Regulation 4 amends Regulation 6 by removing the reference to the percentage of export charge payable by apple, pear and nashi growers destined for the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC) and by prescibing the rate of export charge payable to the AHC and to the HRDC as that specified in Schedule 1.

Regulation 5 substitutes a new Schedule 1 in order to prescribe the separate actual amounts of export charge destined for each of the AHC and the HRDC. The new Schedule 1 also increases the rates of export charge payable to the HRDC by

       1 cent per box on fresh apples and pears.


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