Commonwealth Numbered Regulations - Explanatory Statements

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

PRIMARY INDUSTRIES LEVIES AND CHARGES (DRIED FRUITS EXPORT CHARGE) REGULATIONS 1991 NO. 203

STATUTORY RULES 1991 No. 203

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

HORTICULTURAL EXPORT CHARGE ACT 1987

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION ACT 1991

PRIMARY INDUSTRIES LEVIES AND CHARGES (DRIED FRUITS EXPORT CHARGE) REGULATIONS

Subsection 14(1) of the Horticultural Export Charge Act 1987 (the Export Charge Act) and subsection 30(1) of the Primary Industries Levies and Charges Collection Act 1991 (the PILCC Act) provide that the Governor-General may make regulations for the purposes of these Acts.

The Australian Horticultural Corporation (AHC) carries out marketing and promotion activities for the apple, pear, citrus, nursery products and nashi fruit industries. Dried fruit export marketing and promotion is currently conducted by the Australian Dried Fruits Corporation (ADFC). However, on 1 July 1991 the ADFC is to become a product board operating within the umbrella of the AHC. Under section 25 of the Australian Horticultural Corporation Amendment Act 1991 the ADFC will continue in existence but under the name of the Australian Dried Fruits Board (ADFB).

Section 6 of the Charge Act provides for an export charge to be imposed on chargeable horticultural products produced in Australia that are exported. The funds raised provide the means for horticultural industries to participate directly in the AHC or in product boards of the AHC. The proposed regulations prescribe dried fruits as a chargeable horticultural product so that an export charge may be imposed on dried fruits to provide funds for the ADFB.

Subsection 7(3) of the PILCC Act provides that for better securing the payment of charge, an exporting agent who exports prescribed products may be declared liable to pay on behalf of the producer, amounts of charge due for payment that remain unpaid by the producer. The proposed regulations prescribe dried fruits. However, section 8 of the PILCC Act provides that the exporting agent may deduct such amounts paid from proceeds due to the producer.

Section 8A of the Charge Act provides that regulations may fix the rate of charge destined for a product board of the AHC in relation to the horticultural products in respect of which the board was established. However, subsection 14(3A) of the Charge Act provides that before making regulations for the purposes of section 8A, the Governor-General must take into consideration any relevant recommendation made to the Minister by the product board concerned. The ADFC, which as the ADFB, becomes a product board of the AHC after 1 July 1991, has recommended a charge rate of $30 per tonne of dried fruits. The proposed regulations implement this rate.

The proposed regulations also provide for the manner of payment of charge, the provision of returns by exporters and the keeping of records.

Details of the proposed regulations are attached.

ATTACHMENT

DETAILS OF THE PROPOSED PRIMARY INDUSTRIES LEVIES AND CHARGES (DRIED FRUITS EXPORT CHARGE) REGULATIONS

Regulation 1 is a formal provision.

Regulation 2 provides that the Primary Industries Levies and Charges Collection Regulations must be read as one with these Regulations.

Regulation 3 defines a number of terms.

Regulation 4 provides that for the purposes of these Regulations, the producer is taken to be the person who owned the dried fruit at the time of export. Under section 12 of the Charge Act the charge on chargeable horticultural products is payable by the producer of the products.

Regulation 5 prescribes dried fruit as a chargeable horticultural product.

Regulation 6 prescribes that the export charge on dried fruit is payable 14 days after the end of the month following the month of export.

Regulation 7 provides for exporting agents of dried fruit to be prescribed as intermediaries under section 7 of the PILCC Act. As such they are liable to pay the charge on behalf of the producer, but are able to deduct amounts paid from proceeds due to the producer.

Regulation 8 provides that the rate of export charge is $30 per tonne.

Regulation 9 provides for an exporter who in any month has exported dried fruit, to lodge a return with the Department. The return must include information on the name and address of the exporter, the quantity of dried fruit exported and the amount of charge payable.

Regulation 10 provides that the person referred to in regulation 9 must keep records in respect of the quantity of dried fruit exported.