Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (STRAWBERRIES)REGULATIONS 1997 NO. 66

Statutory Rules 1997 No. 66

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

Primary Industries Levies and Charges Collection Act 1991

Horticultural Levy Act 1987

Primary Industries Levies and Charges Collection (Strawberries) Regulations

The Governor-General may make regulations to impose levies on classes of horticultural products under subsections 14(1) of the Horticultural Levy Act 1987 (the Levy Act). The Governor-General may also make regulations to provide for the collection of levy under subsection 30(1) of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act).

Strawberries are grown from runners (new plants produced by rooting at points along the stem of an original plant) sold by a small number of certified strawberry runner producers in Australia. The Regulations impose a statutory levy on strawberries at the strawberry industry's request, under section 6 of the Levy Act. The amount of levy payable is to be determined according to the presumed yield of strawberry runner plants purchased by strawberry growers. The levy is set at a rate of $8 per thousand runners and is payable by strawberry growers to strawberry runner producers at the time of purchase.

Strawberry runner producers will forward the amount of levy collected to the Commonwealth. Funds raised under the arrangements will be directed to the Horticultural Research and Development Corporation (HRDC) to be matched by the Government and used to support jointly funded research and development.

The Regulations also provide for the manner of payment of levy, the provision of returns by persons who must lodge an annual return for strawberry levy and the keeping of records.

Background

Section 9 of the Levy Act provides that regulations may fix a rate of levy destined for the HRDC. The Regulations set a levy rate of $8 for every thousand strawberry runners, or part of every thousand runners, purchased for use in the production of strawberries.

Subsections 14(4) of the Levy Act requires the Governor-General to take into account any recommendation to the Minister from the HRDC before making regulations in relation to the levy rate.

Subsection 14(7) of the Levy Act requires the HRDC to consult with the body that is the eligible industry body for the relevant horticultural product before recommending rates of levy to the Minister. The eligible industry body in this case is Strawberries Australia Inc.

Subsection 14(8) of the Levy Act requires that a recommendation made by the HRDC to the Minister be accompanied by a written statement of the views of the industry body consulted in relation to the recommendation.

For the purposes of subsection 4(1) of the Collection Act, the Regulations prescribe strawberry runners as goods for the purposes of the definition of "prescribed goods or services" and prescribe strawberries as collection products.

Subsection 9(2A) of the Collection Act provides that persons sold prescribed goods (strawberry runners) in relation to collection products (strawberries) which will be presumed to be produced in Australia, must pay levy on the presumed production of those collection products (strawberries).

Subsection 9(1) of the Collection Act provides that sellers of "prescribed goods and services" (strawberry runners) must pay any levy paid to them to the Commonwealth.

The Regulations prescribe strawberries as leviable horticultural products for the purposes of subsection 5A(1) of the Levy Act.