Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (CHERRY) REGULATIONS(AMENDMENT) 1997 NO. 290

EXPLANATORY STATEMENT

STATUTORY RULES 1997 No. 290

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 (Cherry) Regulations (Amendment)

The Governor-General may make regulations to impose levies on classes of horticultural products under subsection 14(1) of the Horticultural Levy Act 1987 (the Levy Act) and subsection 14(1) of the Horticultural Export Charge Act 1987 (the Export Charge Act). The Governor-General may also make regulations to provide for the collection of levy and charge under subsection 30(1) of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act).

Funds raised under these arrangements are directed to the Horticultural Research and Development Corporation (HRDC) to be matched by the Government and used to support jointly funded research and development.

The Primary Industries Levies and Charges Collection (Cherry) Regulations impose a statutory levy on cherries at the cherry industry's request, under section 6 of both the Levy Act and the Export Charge Act. The levy and charge are set at a rate of one cent per kilogram of cherries.

Under existing collection arrangements, cherry producers are required to submit annual returns and levy payments to the peak industry body for cherry growers, Cherry Growers of Australia (formerly Australian Cherry Growers Federation). Cherry Growers of Australia is required to forward all levies and charges collected from producers to the Levies Management Unit of the Department of Primary Industries and Energy.

Due to industry concerns regarding the estimated level of non-compliance with the existing collection arrangements and the costs of enforcing the existing arrangements, Cherry Growers of Australia has requested the existing collection arrangements be changed to allow the levy and charge to be collected at the first point of sale. The Regulations amend the collection arrangements to allow first purchasers of cherries to collect levy or charge from producers at the time of purchase and forward the amount of levy collected to the Levies Management Unit.

The Regulations provide for the manner of payment of levy and charge, the provision of returns by persons who must lodge an annual return for cherry levy and charge and. the keeping of records.

The Regulations also amend the dates for which levy and annual levy is due.

The proposed Regulations bring forward by one month the levy year to accommodate the budget requirements of the HRDC.

The Regulations also amend the name of the eligible industry body from Australian Cherry Growers Federation to its new name. Cherry Growers of Australia Inc.

The Regulations do, not amend the rate of levy or charge applied to cherries.


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