Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (MACADAMIA NUT) REGULATIONS (AMENDMENT) 1993 NO. 335

STATUTORY RULES 1993 No. 335

Issued by the Authority of the Minister for Primary Industries and Energy

HORTICULTURAL LEVY ACT 1987

HORTICULTURAL EXPORT CHARGE ACT 1987

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION ACT 1991

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (MACADAMIA NUT) REGULATIONS (AMENDMENT)

Section 6 of the Horticultural Levy Act 1987 (the Levy Act) imposes levy on leviable horticultural products which are produced in Australia and sold or used in the production of other goods. Section 6 of the, Horticultural Export Charge Act 1987 (the Charge Act) imposes export charge on chargeable horticultural products which are produced in Australia and exported. Levies and export charges imposed under the arrangements fund industry marketing and research activity through the Australian Horticultural Corporation (the AHC) and the Horticultural Research and Development Corporation (the HRDC).

Under subsection 14(1) of each of the Levy and Charge Acts, the Governor-General may make regulations to give effect to the Acts. The Governor-General may also make regulations under subsection 30(1) of the Primary Industries Levies and Charges Collection Act 1991 to put in place a mechanism for collection of the levy and charge.

A levy and export charge under the arrangements have been in place on macadamia nuts since 1 April 1992 under the Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations. Under the arrangements, two cents per kilogram is directed to the AHC for marketing and one cent per kilogram is directed to the HRDC for research and development.

The 1993 Annual General Meeting of the Australian Macadamia Society Limited (AMS) resolved to support an increased research effort by increasing the rate of levy and export charge destined to the HRDC from one cent per kilogram nut-in-shell to two cents per kilogram nut-in-shell. The meeting retained the two cents per kilogram levy and export charge rates destined to the AHC for marketing. The impact of these decisions is to increase the total rate of levy and export charge on macadamia nuts from three to four cents per kilogram.

Section 9 of each of the Levy and Charge Acts provide for a rate of levy and charge to be fixed by regulation in respect of the HRDC. The proposed Regulations amend regulations 13(2) and 14(2) of the Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations to increase the rate of levy and export charge, destined to the HRDC, payable on macadamia nuts.

Subsection 14(4) of each of the Levy and Charge Acts require the Governor-General to take into account any recommendation to the Minister from the HRDC before making regulations for the purposes of section 9 of each of the Levy and Charge Acts. Subsection 14(7) of each of the Levy and Charge Acts require the HRDC to consult with the body that is the eligible industry body for the relevant horticultural product before recommending rates of levy and charge to the Minister.

The HRDC recommended the rate change to the Minister after consultation with the AMS, which is the eligible industry body for macadamia nuts. The proposed Regulations give effect to the recommendation of the HRDC, which is consistent with the industry request. Copies of the recommendation and a statement from the industry in support of the levy and export charge rates increase are attached.

Details of the proposed Regulations increasing the rate of levy and export charge are as follows:

Regulation 1 provides that the regulations will take effect from 1 January 1994.

Regulation 2 provides that the regulations amend the Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations.

Regulation 3 prescribes that the rate of levy destined for the Horticultural Research and Development Corporation for macadamia nuts is two cents per kilogram from 1 January 1994.

Regulation 4 prescribes that the rate of export charge destined for the Horticultural Research and Development Corporation for macadamia nuts is two cents per kilogram from 1 January 1994.