Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (NASHI) REGULATIONS (AMENDMENT) 1995 NO. 378

STATUTORY RULES 1995 No. 378

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

Horticultural Levy Act 1987

Horticultural Export Charge Act 1987

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

Section 14 of both the Horticultural Levy Act 1987 and the Horticultural Export Charge Act 1987 provide that the Governor-General may make regulations for the purposes of the Acts.

The Horticultural Research and Development Corporation (HRDC) coordinates research and development for many horticultural industries. Most of these industries contribute funds to this process by way of statutory levies and export charges, whilst some others contribute in an ad hoc manner through voluntary contributions.

Similarly, the Australian Horticultural Corporation (AHC) carries out marketing and promotion activities for many horticultural industries, in the main funded by statutory levies and export charges.

Sections 8 and 9 of both the Levy and Charge Acts provide that the regulations may fix rates of levy and charge destined for the AHC and HRDC, respectively, for the purposes of the Acts.

Subsections 14(3) and 14(4) of both the Levy and Charge Acts provide that the Governor-General, before making any regulations for the purposes of sections 8 and 9, shall consider any relevant recommendation made by the AHC and HRDC, respectively, to the Minister in relation to the levy rate.

The Primary Industries Levies and Charges Collection (Nashi) Regulations (Amendment) give effect to the Australian Nashi Growers Association's (ANGA's) decision to withdraw from the AHC and to increase its contributions to the HRDC. The AHC and HRDC recommended the proposed changes.

The Regulations reduced the amount of levy and charge directed towards the AHC to zero. Simultaneously, funding for the HRDC by way of levy and export charge increased from 8 cents per tray to 10 cents per tray for fresh fruit, 72 cents per tonne to $1.80 per tonne for juicing nashi and $1.44 per tonne to $3.60 per tonne for processing fruit.

The Regulations commenced on 1 January 1996.