Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (APPLE AND PEAR) REGULATIONS (AMENDMENT) 1995 NO. 83

STATUTORY RULES 1995 No. 83

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 (Amendment)

The Horticultural Levy Act 1987 (the Levy Act), the Horticultural Export Charge Act 198:7 (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). The HRDC carries out joint industry/government funded research and development activities for Australian horticultural industries.

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 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 Primary Industries Levies and Charges Collection (Apple and Pear) Regulations provide for the manner of payment and rate of levy and export charge payable by apple growers to fund activities of the AHC and HRDC.

At the 1994 Annual General meeting of the Australian Apple and Pear Growers Association (AAPGA), the Association agreed to increase the levy and export charge collected on apple growers from 5 cents per box to 6.5 cents per box, with an equivalent increase for apples directed to processing and juicing. The AAPGA advise that the increases should apply only to the rates of levy and export charge directed to the HRDC and that there be no increase in the levy and export charge payable to the AHC. Furthermore, the AAPGA advises that there is to be no change to the rate of levy and export charge collected on pear growers. The increases are designed to provide additional funds for apple industry research and development.

The Chairman of the HRDC recommended the increases in levy and export charge to the Minister for Primary Industries and Energy and advised that he had the full support of the AAPGA. A copy of the Corporation's recommendations and corroborating advice from the AAPGA are at Attachment B.

The increases in the rate of levy and export charge payable by apple growers are: levy and export charge on fresh apples from 5 cents per box to 6.5 cents per. box; levy on juicing apples from 50 cents per tonne to 65 cents per tonne; and levy on processing apples from $1.00 per tonne to $1.30 per tonne. The increases are to take effect on 1 June 1995.

The Minister has approved the following amendments to all levy regulations: removal of all reference to "minor first purchaser"; the insertion of a requirement for a company's Australian Company Number to be included in a levy return; and the substitution of penalty units for dollar values in penalty provision. These amendments are reflected in the Regulations and commence on 1 June 1995.

Details of the regulations increasing the levy and export charge on apple growers are given at Attachment A.

ATTACHMENT A

DETAILS OF THE PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (APPLE AND PEAR) REGULATIONS AMENDMENT

Regulation 1 gives the date of commencement of the Regulations as 1 June 1995.

Regulation 2 defines the Regulations to be amended as the Primary Industries Levies and Charges Collection (Apple and Pear) Regulations.

Regulation 3 removes the definition of "minor first purchaser" and removes a reference in the definition of "annual return" in a subregulation which the Regulations make superfluous.

Regulation 4 amends Regulation 9 by omitting paragraph 9(b).

Regulation 5 amends Regulation 14 by omitting in paragraph 14(a) "(except a minor first purchaser)".

Regulation 6 amends Regulation 16 by inserting after paragraph 16(2)(b) "(ba) if the person is a company - give the person's Australian Company Number under the Corporations Law; and"

Regulation 7 amends Regulation 17 by omitting in paragraph 17(2) "(except a minor first purchaser)".

Regulation 8 amends Regulation 22 by inserting after paragraph 22(2)(a)(ii) 11(iia) if the producer is a company - give the producer's Australian Company Number under the Corporations Law;".

Regulation 9 amends Regulation 23 by: omitting paragraph 23(1); omitting in paragraph 23(2) "(except a minor first purchaser)"; and inserting after paragraph 23(4)(a)(ii) "(iia) if the person is a company -give the person's Australian Company Number under the Corporations Law;".

Regulation 10 amends Regulation 24 by inserting after paragraph 24(2)(a)(ii) "(iia) if the person is a company - give the person's Australian Company Number under the Corporations Law;"

Regulation 11 amends Regulation 25 by omitting in subregulations 25 (1), (2), (3), (4) and (5) "$1,000" and substituting "10 penalty units".

Regulation 12 amends schedule 1 (Rates of levy for the Horticultural Research and Development Corporation) by: omitting in item 1, column 4 "5 cents" and substituting "6.5 cents"; omitting in item 3, column 4 "50 cents" and substituting "65 cents"; and omitting in item 5, column 4 "1.00" and substituting "$1.30".

Regulation 13 amends schedule 2 (Rates of export charge for the Horticultural Research and Development Corporation) by omitting in item 1, column 4 "5 cents" and substituting "6.5 cents".

HORTICULTURAL RESEARCH & DEVELOPMENT CORPORATION

The Research Arm of the Australian Horticultural Industdes

20 February 1995

Senator Hon R Collins
Minister for Primary Industries and Energy
Parliament House
Canberra
ACT 2600

Dear Senator Collins,

At the 1994 Annual General Meeting of the Australian Apple and Pear Growers Association (AAPGA), it was resolved to increase the apple research and development levy from five cents per standard box to six and a half cents per standard box, with an equivalent increase for processing and juice fruit, effective as soon as possible. The research and development levy for pears would remain unchanged.

Consequently, and pursuant to sections 14(4) of each of the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987, the Horticultural Research and Development Corporation recommends that the levy and export charges for apples be increased in line with industry wishes.

The Corporation recommends that the rates of levy and export charge in respect of sections 9 of each of the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987 should be amended in line with the AAPGA resolution, to six and a half cents per standard box of apples.

I would be grateful if you could arrange for the necessary regulations to be put in place to allow for the increase of this levy and export charge, and I am enclosing copies of relevant correspondence from the AAPGA.

Yours sincerely,

DAVID MINNIS
Chairman

________________________________

Australian Apple & Pear Growers Association Inc
Box 129, Melbourne Wholesale Fruit and Vegetable Market,
542 Footscray Road, Footscray
Tel: (03) 689 3600
Fax: (03) 687 5815

30 January, 1995

Dr C. Rigney,
Executive Director, Horticultural Research Development Corporation,
7 Merriwa Street,
GORDON 2072

Dear Chris,

I refer to your letter of 23 December, 1995 , addressed to Jon Durham, regarding a national pomefruit improvement program.

You are correct in that the industry at its 1994 Annual Conference resolved to adopt a proposal for an Australian Pome Fruit Improvement Program, prepared by the Tasmanian Department of Primary Industry & Fisheries, subject to a review of its business plan by a suitable major accounting firm and to the establishment of an appropriate management structure.

The Conference also resolved that subject to a satisfactory review the research, and development levy for apples be increased by 1.5 cents per carton with equivalent increases for processing and juice fruit to enable funding of the Australian Pome Fruit Improvement Program.

A copy of the Tasmanian Department's proposal is enclosed.

Quotes were sought from four accounting firms to conduct, the review requested by Conference and the job was given to Morton Hove Wilson in Hobart. A copy of their review is also enclosed.

Executive has considered the review and put forward a number of requirements to the Tasmanian DPIF. No response has yet been forthcoming but a meeting with them and our Propagation Scheme Steering Committee is scheduled for 4 February in Hobart.

The scheme as proposed does not fulfil all of the criteria detailed in your letter but the Association is working towards having it do so.

In the meantime my Executive is anxious that implementation of the Scheme, when it is satisfactorily finalised, is not held up by lack of funds because the increased levy has not be put in place. Levy increases take some months to put in place and consequently my Executive requests that action be initiated to increase the apple levy by 1.5 cents per carton.

Should you require further information on any of the above points please contact me.

Yours sincerely,

Ian McLachlan
Executive Officer