Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (CHESTNUTS) REGULATIONS(AMENDMENT) 1998 NO. 46

STATUTORY RULES 1998 NO. 46

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 (Chestnuts) Regulations (Amendment)

The Governor-General may make regulations to impose levies and export charges on classes of horticultural products under subsection 14(1) of both the Horticultural Levy Act 1987 (the Levy Act) and 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 purpose of these Regulations is to vary the disbursement of the chestnut levy and export charge so that 5 cents per kilogram is directed towards the HRDC and 5 cents per kilogram is directed towards the AHC.

The Horticultural Research and Development Corporation (HRDC) co-ordinates research and development for many horticultural industries. The HRDC is funded by statutory levies and export charges, voluntary contributions and Commonwealth Government matching funding.

The Australian Horticultural Corporation (AHC) co-ordinates marketing and promotion for many horticultural industries. The AHC is funded in the main by statutory levies and export charges.

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

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

Subsection 14(6) and subsection 14(7) of both the Levy and Export Charge Acts require that before making a recommendation to the Minister for Primary Industries and Energy, the AHC and the HRDC shall consult the eligible industry body for the leviable horticultural product, which in the case of chestnuts is the Chestnut Growers of Australian Ltd. (CGA).

Subsection 14(8) of the Levy and Export Charge Acts require that recommendations made by the AHC and the HRDC to the Minister for Primary Industries and Energy be accompanied by a written statement of the views of the industry body consulted in relation to the recommendation.

The Primary Industries Levies and Charges Collection (Chestnuts) Regulations (Amendment) give effect to the CGA's views to increase the rate of chestnut industry levy contributions to the AHC from 2.5 cents per kilogram to 5 cents per kilogram and to decrease the chestnut industry levy contributions to the HRDC from 7.5 cents per kilogram to 5 cents per kilogram.

The variation does not represent a change to the overall rate of levy on chestnuts which remains at 10 cents per kilogram.

The HRDC and AHC support the proposed changes.

The Regulations commence on 1 April 1998.