Commonwealth Numbered Regulations - Explanatory Statements

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DRIED VINE FRUITS EQUALISATION REGULATIONS (AMENDMENT) 1991 NO. 236

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 236

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

DRIED VINE FRUITS EQUALISATION ACT 1978

DRIED VINE FRUITS EQUALISATION REGULATIONS (AMENDMENT)

Section 32 of the Dried Vine Fruits Equalisation Act 1978 (the Act) empowers the Governor-General to make regulations for the purposes of the Act, including providing for the manner of payment of levy by packers of dried fruit.

Section 10 provides for the time of payment of levy for dried fruit produced in a season. A season is the 12 month period ending in December each year. For fruit which has ceased to be in the custody of a packer before the expiration of a prescribed period for a season, levy must be paid within one month and 14 days after the month in which it left the packer's custody. For dried fruit remaining in a packer's custody after the end of the prescribed period, levy becomes due and payable within 14 days after the end of the period. The prescribed period is six months following the end of a season unless a period of a different length is prescribed.

The Australian Dried Fruits Board (ADFB), which commenced operations on 1 July 1991, administers the dried fruit equalisation arrangements. Its predecessor, the Australian Dried Fruits Corporation (ADFC) has recommended that the prescribed period for raisins produced in the 1990 season be amended to be nine months, rather than the six month period otherwise applicable under the Act.

The ADFC has advised that packers and their agents still have stocks of 1990 season raisins on hand and that they will continue to be supplied to the market for some time. However, the ADFC considers that it is unlikely that substantial quantities will be on hand beyond the end of September 1991. Extending the prescribed period will allow levy payments for those quantities marketed during the extended period to be made after some or all of the sales proceeds have been received, thus reducing the financial burden on the industry.

The commencement date will be made retrospective to 1 July 1991. However, the proposed Regulations will not affect the rights of any persons (such as packers) to their disadvantage or impose liabilities on them in respect of anything done before the date of notification in the Gazette.

The proposed Regulations amend regulation 3A to provide a prescribed period of nine months for 1990 season raisins.


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