Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (MACADAMIA NUT) REGULATIONS(AMENDMENT) 1998 NO. 74

STATUTORY RULES 1998 NO. 74

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 (Macadamia Nut) 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 purpose of these Regulations is to increase the macadamia nut levy and export charge directed towards the Australian Horticultural Corporation (AHC from 1.5 cents per kilogram to 3.5 cents per kilogram.

The AHC co-ordinates marketing and promotion for many horticultural industries and is funded in the main by statutory levies and export charges.

Section 8 of both the Levy and Export Charge Acts provide that the regulations may fix rates of levy and export charge destined for the AHC.

Subsection 14(3) of both the Levy and Export Charge Acts provide that the GovernorGeneral, before making any regulations for the purposes of section 8, shall consider any relevant recommendation made by the AHC to the Minister for Primary Industries and Energy in relation to the levy rate.

Subsection 14(6) of both the Levy and Export Charge Acts require that before making a recommendation to the Minister for Primary Industries and Energy, the AHC shall consult the eligible industry body for the leviable horticultural product, which in the case of macadamia nuts is the Australian Macadamia Society Ltd. (AMS).

Subsection 14(8) of the Levy and Export Charge Acts require that a recommendation made by the AHC 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 Primary Industries Levies and Charges Collection (Macadamia Nut) Regulations (Amendment) give effect to the AMS's proposal to increase the rate of macadamia nut industry levy contributions to the AHC from 1.5 cents per kilogram to 3.5 cents per kilogram. The proposed increase in the levy rate is to fund an on-going market development program. The need for such a program has been identified by the macadamia industry to retain and increase market share, particularly in Europe, in the face of slowing growth in existing markets and large production growth estimates for the Australian industry in the next 5 to 10 years.

The AHC supports the proposed increase in the rate of levy and has recommended that levy rate change to the Minister for Primary Industries and Energy.

The Regulations commence on 1 June 1998.