Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (CITRUS) REGULATIONS 1992NO. 439

STATUTORY RULES 1992 No. 439

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 (Apple and Pear) Regulations

Primary Industries Levies and Charges Collection (Nashi) Regulations

Primary Industries Levies and Charges Collection (Citrus) Regulations

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).

Subsection 14(1) of the Levy Act, subsection 14(1) of the Export Charge Act, and subsection 30(1) of the Collection Act empower the Governor-General to make regulations for the purposes of these Acts.

Section 8 of the Levy Act and section 8 of the Export Charge Act permit the rate of levy and export charge, respectively, destined for the AHC, to be fixed by regulation. 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 proposed Primary Industries Levies and Charges Collection (Apple and Pear) Regulations do not change the total levy payable or export charge payable on apples and pears from the present levels of 18 cents per box fresh, $1.80 per tonne for juicing fruit and $3.60 per tonne for apples and pears destined for non-juice processing. However, the division of levies and charges between the AHC and the HRDC in each of the categories has been altered from 15.4 cents per box and 2.6 cents per box to 15 cents per box and 3 cents per box for fresh fruit, from $1.54 per tonne and $0.26 per tonne to $1.50 per tonne and $0.30 per tonne for juicing fruit and from $3.08 per tonne and $0.52 per tonne to $3.00 per tonne and $0.60 per tonne for processing fruit. This decision reflects an increased priority for research and development in the apple and pear industry.

The proposed Primary Industries Levies and Charges Collection (Nashi) Regulations increase the total levy payable on juicing and processing nashi from the present levels of $1.70 per tonne for juicing fruit and $3.40 per tonne for nashi destined for non-juice processing to $1.80 per tonne for juicing fruit and $3.60 per tonne for nashi destined for non-juice processing. The division of levies between the AHC and the HRDC is proposed be split on an 85%/15% ratio, resulting in nashi contributions to the AHC rising from $1.44 to $1.53 per tonne for juicing nashi and from $2.88 to $3.06 per tonne for other processing nashi. The contributions to the HRDC rise from $0.26 to $0.27 per tonne and from $0.52 to $0.54 per tonne respectively. The fresh fruit rate and export charge rate are not proposed to change at this stage.

Citrus levy and charge rates and the distribution of funds between the AHC and the HRDC are not proposed to change.

Subsection 14(3) of the Levy Act and subsection 14(3) of the Export Charge Act require that before making regulations relating to section 8 of the Levy Act and section 8 of the Export Charge Act, respectively, the Governor-General shall take into account any relevant recommendations made to the Minister by the AHC.

Subsection 14(6) of the Levy Act and subsection 14(6) of the Export Charge Act require that before making a recommendation to the Minister, the AHC shall consult with the eligible industry bodies. These are the Australian Apple and Pear Growers Association (AAPGA), the Australian Nashi Growers Association (ANGA) and the Australian Citrus Growers Federation (ACGF) for the apple and pear industry, the nashi industry and the citrus industry respectively.

Subsection 14(4) of the Levy Act and subsection 14(4) of the Export Charge Act require that before making regulations relating to section 9 of the Levy Act and section 9 of the Export Charge Act, respectively, the Governor-General shall take into account any relevant recommendations made to the Minister by the HRDC.

Subsection 14(7) of the Levy Act and subsection 14(7) of the Export Charge Act require that before making a recommendation to the Minister, the HRDC shall consult with the eligible industry bodies. These are the Australian Apple and Pear Growers Association (AAPGA), the Australian Nashi Growers Association (ANGA) and the Australian Citrus Growers Federation (ACGF) for the apple and pear industry, the nashi industry and the citrus industry respectively.

Subsection 14(8) of the Levy Act and subsection 14(8) of the Export Charge Act require that recommendations made by the AHC or the HRDC to the Minister be accompanied by a written statement of the views of the industry body consulted in relation to the recommendation.

At the annual conference of the AAPGA in August 1992, the AAPGA agreed to change the apportionment of the apple and pear levy and export charge collected from apple and pear growers to the AHC and HRDC. The Managing Director of the AHC and the Chairman of the HRDC have written to the Minister recommending the proposed changes. Copies of these letters are at Attachments A and B respectively. The Executive Officer of the AAPGA wrote to the Managing Director of the AHC and the Executive Director of the HRDC supporting the proposed changes. Copies of these letters are at Attachments C and D respectively.

At the annual conference of the ANGA in August 1992, the ANGA agreed to change the level of the processing and juicing levy. (Changes were also proposed to the collection and assessment system for fresh fruit but this cannot proceed until advice on certain aspects of the proposal is received from the Attorney-General's Department.) The Managing Director of the AHC and the Executive Director of the HRDC have written to the Minister recommending the proposed changes. Copies of these letters are at Attachments E and F respectively. The Executive Officer of the ANGA wrote to the Managing Director of the AHC and the Executive Director of the HRDC supporting the proposed changes. Copies of these letters are at Attachments G and H respectively.

As no changes are being made to the citrus industry levy or export charge, no consultation with industry took place on this matter.

The major reason for the proposed recasting of the Regulations into industry specific form is to improve the speed efficiency with which each industry can be serviced. Recent changes to the citrus industry's contribution to the HRDC and the AHC meant that all three sets of the current Regulations had to be amended in order to change the levy and export charge. The same holds true for the changes to the apple and pear levy and export charge contained in this proposal, while the changes to the nashi processing and juicing rates would have required that two sets of regulations be altered.

The proposed new Regulations will simplify and streamline the system so that changes to levy and export charges on any one product will require only a simple set of changes to the schedule(s) in one set of regulations

The new Regulations will also allow each industry to tailor levy and export charge arrangements to suit themselves, as the nashi industry is currently proposing to do. The three sets of draft Regulations come as a package and need to be approved or rejected as a whole. The AHC, HRDC and the apple and pear and nashi industries are keen that the changes to rates and distribution of funds should take effect from 1 January 1993.

Brief summaries of the provisions of each set of Draft Regulations are at Attachment 1 (Primary Industries Levies and Charges Collection (Apple and Pear) Regulations), Attachment J (Primary Industries Levies and Charges Collection (Nashi) Regulations) and Attachment K (Primary Industries Levies and Charges Collection (Citrus) Regulations).

The Minute recommends that Regulations be made in the form proposed.

Authority:       Subsection 30(1) of the Primary Industries Levies and Charges Collection Act 1991

Subsection 14(1) of the Horticultural Levy Act 1987

Subsection 14(1) of the Horticultural Export Charge Act 1987

ATTACHMENT K

DETAILS OF THE PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (CITRUS) REGULATIONS

Regulation 1 provides for the Regulations to be cited as the Primary Industries Levies and Charges Collection (Citrus) Regulations.

Regulation 2 gives the date of commencement of the Regulations as 1 January 1993.

Regulation 3 provides for the repeal of the Primary Industries Levies and Charges (Citrus) Regulations.

Regulation 4 incorporates the Primary Industries Levies and Charges Collection Regulations with these Regulations.

Regulation 5 provides for interpretation of terms.

Regulation 6 provides for the definition of "levy year" as a calendar year.

Regulation 7 provides that citrus be prescribed as a "leviable horticultural product" for the purposes of the Levy Act.

Regulation 8 provides that citrus be prescribed as a "chargeable horticultural product" for the purposes of the Export Charge Act.

Regulation 9 provides that the Australian Citrus Growers Federation be the eligible industry body for the purposes of the Levy Act and Export Charge Act.

Regulation 10 specifies conditions under which citrus is exempt from levy.

Regulation 11 provides that the amount of levy payable under the Levy Act to the Australian Horticultural Corporation and the Horticultural Research and Development Corporation on each class of leviable horticultural product is as specified in Schedule 1.

Regulation 12 provides that the rate of charge payable under the Export Charge Act to the Australian Horticultural Corporation and the Horticultural Research and Development Corporation on each class of chargeable horticultural product is as specified in Schedule 2.

Regulation 13 states that the levy payable on citrus for purposes of the Collection Act is due for payment when the return for those products is due.

Regulation 14 states that the charge payable on citrus for the purposes of the Collection Act is due for payment when the return for those products is due.

Regulation 15 determines who must lodge a monthly return.

Regulation 16 determines the timing for lodgement of monthly returns.

Regulation 17 specifies the information which must be included in a monthly return.

Regulation 18 provides for exemptions in lodging monthly returns.

Regulation 19 details how to lodge an application for exemption.

Regulation 20 provides for the granting or refusal of an application for exemption.

Regulation 21 provides for the continuation of an exemption.

Regulation 22 determines the timing of lodgement of monthly returns when exemption is refused or discontinued.

Regulation 23 sets out the conditions under which producers must lodge annual returns and the information required in those returns.

Regulation 24 sets out the conditions under which first purchasers, buying agents and selling agents must lodge annual returns and the information required in those returns.

Regulation 25 sets out the conditions under which persons who export citrus must lodge annual returns and the information required in those returns.

Regulation 26 provides that records in regard to the sale, purchase, utilisation and/or export of citrus must be kept for 5 years.

Regulation 27 provides for application to the Administrative Appeals Tribunal for review of decisions.

Regulation 28 provides for determination by the Minister of "specified amount" in Regulation 5.

Regulation 29 provides for the making of orders by the Minister subject to section 31 of the Collection Act in regard to the "specified amount" in Regulation 28.

Schedule 1 lists the classes and levy rates applying to leviable citrus.

Schedule 2 lists the export charge rates applying to chargeable citrus.