Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (AVOCADO) REGULATIONS(AMENDMENT) 1998 NO. 89

EXPLANATORY STATEMENT

STATUTORY RULES 1998 NO. 89

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 (Avocado) 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 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.

Section 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.

Subsection 14(4) of both the Levy and Export Charge Acts provide that the GovernorGeneral, before making any regulations for the purposes of Section 9, shall consider any relevant recommendation made by the HRDC to the Minister for Primary Industries and Energy in relation to the levy rate.

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 HRDC shall consult the eligible industry body for the leviable horticultural product, which in the case of avocados is the Australian Avocado Growers' Federation (AAGF).

Subsection 14(8) of both the Levy and Export Charge Acts require that recommendations made by 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 purpose of the Regulations is to increase the amount of levy and export charge directed towards the HRDC from 6 cents to 8 cents per standard tray of avocados and from $10 per tonne to $13.33 per tonne for avocados in bulk.

The Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment) give effect to the AAGF's views to increase the avocado industry's contributions to the HRDC. The HRDC has recommended the proposed changes.

The Regulations commenced on 1 July 1998.


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