Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (AVOCADO) REGULATIONS (AMENDMENT) 1995 NO. 26

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 26

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

Primary Industries Levies and Charges Collection Act 1991

Horticultural Levy Act 198 7

Horticultural Export Charge Act 1987

Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment)

The Horticultural Levy Act 198 7 (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.

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 (Avocado) Regulations provide for the manner of payment and rate of levy and export charge payable by avocado growers to fund activities of the AHC and HRDC.

At a board meeting of the Australian Avocado Growers Federation (AAGF) on 13 September 1994, it was agreed to increase the levy and export charge collected on avocado growers from $5 to $10 per tonne for bulk avocados and from 3 cents to 6 cents per standard tray for packaged avocados. The AAGF 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. The increases are designed to provide additional funds for 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 AAGF. A copy of the Corporation's recommendations and corroborating advice from the AAGF are at Attachment B.

The increases in the rate of levy and export charge payable by avocado growers are.. levy and export charge on bulk avocados from $5 per tonne to $10 per tonne and on all other avocados from 3 cents per standard tray to 6 cents per standard tray. The increases are to take effect from 1 April 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 gazettal.

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

ATTACHMENT A

DETAILS OF THE PRIMARY INDUSTRIES LEVEES AND CHARGES COLLECTION (AVOCADO) REGULATIONS AMENDMENT

Regulation 1 gives the date of commencement of Regulations 4 and 5 as 1 April 1995.

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

Regulation 3 removes the definition of "minor first purchaser".

Regulation 4 amends regulation 10A (Rates of levy for Horticultural Research and Development Corporation) by omitting in paragraph (a)"$5.00" and substituting "$10.00" and in paragraph (b) omitting "3 cents" and substituting "6 cents".

Regulation 5 amends regulation 11A (Rates of export charge for the Horticultural Research and Development Corporation) by omitting in paragraph (a)"$5.00" and substituting "$10.00" and in paragraph (b) omitting "3 cents" and substituting "6 cents".

Regulation 6 amends Regulation 13 by omitting paragraph 13(a).

Regulation 7 amends Regulation 15 by omitting in paragraph 15(a) "(except a minor first purchaser)".

Regulation 8 amends Regulation 22 by inserting after paragraph 22(b) "(ba) if the person is a company -give the company's Australian Company Number under the Corporations Law; and".

Regulation 9 amends Regulation 23 by omitting in subregulation 23(1) "or to a minor first purchaser" and by omitting in subregulations 23 (1),(2), (3), (4) and (5) "$1,000" and substituting "10 penalty units".

Regulation 10 amends Regulation 24 by omitting "$1,000" and substituting "10 penalty units".

HORTICULTURAL RESEARCH & DEVELOPMENT CORPORATION
The Research Arm of the Australian Horticultural Industries
7 Merriwa Street, Gordon NSW 2072
Phone: (02) 418 2200
Fax: (02) 418 1352
10 November 1994
Senator Hon R Collins
Minister for Primary Industries and Energy
Parliament House
Canberra
ACT 2600

Dear Senator Collins,

At the recent Board meeting of the Australian Avocado Growers Federation (AAGF), it was resolved to increase the avocado research and development levy from three cents to six cents per tray, with an equivalent increase for bulk packs, effective as soon as possible.

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 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 AAGF resolution, to six cents per standard single layer tray of avocadoes and $10.00 per tonne for avocados in bulk.

1 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 AAGF.

Yours sincerely,

DAVID MINNIS
Chairman
30 September 1994

Dr C Rigney
Executive Director

Horticultural Research &
Development Corporation
7 Merriwa Street
GORDON NSW 2072

Dear Dr Rigney

The AAGF at the Board meeting held on 13 September 1994, attended by the HRDC's Program Support Manager (Avocado), determined by resolution that the HRDC administered avocado R & D levy be increased from the current level of three cents per tray to a new rate of six cents per tray as soon as possible.

The Australian avocado industry covers a wide range of disparate growing regions. Harvesting commences on or about the first of February with the Shepard variety on the Atherton Tableland and the season closes with the Hass variety in late March of the following year in the Pemberton region of Western Australia. In the interests of achieving the best fit for equity and fairness and taking into account the size of each region, it would be appropriate to commence the new levy rate on and from 1 February 1995.

In determining the new levy rate the AAGF had recourse to the following estimates of the industry's gross value of production:

(a)       GVP of $30,000,000 calculated on an average tray price of $ 10.00 and an HRDC levy receipt of $81,000 for FY 93/94.

(b)       GVP of $40,000,000 calculated on an average tray price of $14.22 determined by QFVG on the throughput through the Brisbane Market over a three year period.

(c)       GVP of $50,000,000 estimated by the ABS and published by the AHC.

The Minister for Primary Industries and Energy) Senator Bob Collins, has been requested to authorise the necessary instruments to put in place an increased Australian avocado industry research and development levy set at six cents per tray effective on and from 1 February 1995. A copy of that formal request is enclosed.

It is requested that the 14RDC effect the necessary liaison with the Minister and the DPIE to put in place an avocado industry R & D levy of six cents per tray commencing 1 February 1995.

The AAGP contacts are:

Mrs Astrid M E Kennedy

Executive Officer
Australian Avocado Growers' Federation
PO Box 19
BRISBANE MARKET QLD 4106
Phone:        (07) 213 2477
Fax:        (07) 213 2480

Mr John C Bolton
President
Australian Avocado Growers' Federation
PO Box 245
MALENY QLD 4552
Ph:         (074) 942 219
Fax:        (074) 999 295

Yours faithfully

J C BOLTON
PRESIDENT

Enclosure: Copy of letter to Minister
AF 79/94
31 OCTOBER 1994
EXECUTIVE OFFICER
HORTICULTURAL RESEARCH & DEVELOPMENT CORPORATION
7 MERRIWA STREET
GORDON NSW 2072

ATTENTION:       Mr G McEVILLY
AVOCADO INDUSTRY - INCREASE TO R D LEVY

REFERENCES:

A. AAGF Letter to Dr Rigney of 30 Sept 1994

B. J Bolton/Sharlene Gardiner (DPIE) of 26 Oct 1994

Further to Reference A and as discussed at Reference B, the following is confirmed.

The increase in the R & D levy is to apply equally to the EXPORT CHARGE.

The levy increase is to apply on a pro-rata basis to bulk packs, ie the new rate for a 10kg carton would be 10 cents and that for an 18kg carton would be 18 cents. This translates to $10 per tonne and applies equally to export produce.

The AAGF accepts the implementation date as being on and from 1

April 1995.

Yours sincerely
ASTRID KENNEDY
EXECUTIVE OFFICER - AAGF
Copy to J Bolton
R Dalton


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