Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2004 (NO. 8) 2004 NO. 359

EXPLANATORY STATEMENT

STATUTORY RULES 2004 No. 359

Issued by the Authority of the Parliamentary Secretary to the Minister for
Agriculture, Fisheries and Forestry

Primary Industries (Excise) Levies Act 1999
Primary Industries (Customs) Charges Act 1999

Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 8)
Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 8)

Section 8 of both the Primary Industries (Excise) Levies Act 1999 (the Levies Act) and the Primary Industries (Customs) Charges Act 1999 (the Charges Act) provide that the Governor-General may make regulations prescribing matters required or permitted by those Acts to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to each Act.

The purpose of the Regulations is to increase the statutory research and development (R&D) levy and export charge on passionfruit payable to Horticulture Australia Limited (HAL) to 20 cents per carton or 20 cents per 8 kilograms for fresh fruit and to $15 per tonne for fruit directed to processing.

HAL is the relevant industry services body for the administration of the passionfruit industry levy and charge. HAL co-ordinates marketing and R&D programs for many horticultural industries. HAL is funded by statutory levies and export charges, voluntary contributions and Australian Government matching funding for eligible R&D expenditure. This matching funding is provided under the Horticultural Marketing and Research and Development Services Act 2000.

Primary Industries (Excise) Levies Regulations 1999

Subclause 4(3) of Schedule 15 to the Levies Act provides that regulations may fix rates of levy for R&D purposes.

Subclause 6(6) of Schedule 15 to the Levies Act provides that before the Governor-General makes regulations to fix rates of levy for R&D, the Minister must take into consideration any relevant recommendations made to the Minister by HAL.

Subclause 6(8) of Schedule 15 to the Levies Act requires HAL to consult with the body that is the eligible industry body for the relevant horticultural product before recommending rates of levy for R&D to the Minister.

Subclause 6(9) of Schedule 15 to the Levies Act requires that a recommendation made by HAL to the Minister be accompanied by a written statement of the views of the industry body consulted in relation to the recommendation.

The Primary Industries (Excise) Levies Regulations 1999 prescribe the Australian Passionfruit Industry Association (APIA) as the eligible industry body with which HAL must consult in relation to passionfruit. APIA proposed an increase in the statutory R&D levy on passionfruit to HAL, and HAL in turn recommended the change to the Minister.

Primary Industries (Customs) Charges Regulations 2000

Subclause 3(5) of Schedule 10 to the Charges Act provides that regulations may fix rates of export charge for R&D purposes.

Subclause 5(5) of Schedule 10 to the Charges Act provides that before the Governor-General makes regulations to fix rates of export charge for R&D, the Minister must take into consideration any relevant recommendations made to the Minister by HAL.

Subclause 5(7) of Schedule 10 to the Charges Act requires HAL to consult with the body that is the eligible industry body for the relevant horticultural product before recommending rates of export charge for R&D to the Minister.

Subclause 5(8) of Schedule 10 to the Charges Act requires that a recommendation made by HAL to the Minister be accompanied by a written statement of the views of the industry body consulted in relation to the recommendation.

The Primary Industries (Customs) Charges Regulations 2000 prescribe the Australian Passionfruit Industry Association (APIA) as the eligible industry body with which HAL must consult in relation to passionfruit. APIA proposed an increase in the statutory R&D export charge on passionfruit to HAL, and HAL in turn recommended the change to the Minister.

The Regulations implement the proposal by APIA to increase the statutory R&D levy and export charge on passionfruit. The APIA proposal is for the current levy/charge of 15 cents per carton or 15 cents per 8 kilograms for fresh fruit and $10 per tonne for fruit directed to processing to be increased to 20 cents per carton or 20 cents per 8 kilograms for fresh fruit and to $15 per tonne for fruit directed to processing.

The increased R&D levy and export charge would result in increased dollar for dollar matching by the Australian Government on R&D expenditure under the Horticulture Marketing and Research and Development Services Act 2000.

Details of the regulations are contained in the attachment.

The Office of Regulation Review (ORR) was consulted in the preparation of the Regulations. ORR have advised that it is not necessary to prepare a Regulation Impact Statement on this matter as it is of a minor or machinery nature (ORR no. 6244).

The regulations commence on 1 April 2005, the date requested by APIA.

0408605A
0408605B

ATTACHMENT

DETAILS OF THE PRIMARY INDUSTRIES (EXCISE) LEVIES AMENDMENT REGULATIONS 2004 (No. 8)

Regulation 1 provides for the name of the Regulations to be the Primary Industries (Excise) Levies Amendment Regulations 2004 (No. 8).

Regulation 2 provides for the Regulations to commence on 1 April 2005.

Regulation 3 provides that Schedule 1 amends the Primary Industries (Excise) Levies Regulations 1999.

Schedule 1 Amendments

Item [1] increases the statutory R&D levy on fresh passionfruit payable to HAL from 15 cents per carton or 15 cents per 8 kilograms to 20 cents per carton or 20 cents per 8 kilograms.

Item [2] increases the statutory R&D levy on passionfruit directed to processing payable to HAL from $10 per tonne to $15 per tonne.

DETAILS OF THE PRIMARY INDUSTRIES (CUSTOMS) CHARGES AMENDMENT REGULATIONS 2004 (No. 8)

Regulation 1 provides for the name of the Regulations to be the Primary Industries (Customs) Charges Amendment Regulations 2004 (No. 8).

Regulation 2 provides for the Regulations to commence on 1 April 2005.

Regulation 3 provides that Schedule 1 amends the Primary Industries (Customs) Charges Regulations 2000.

Schedule 1 Amendments

Item [1] increases the statutory R&D charge on fresh passionfruit payable to HAL from 15 cents per carton or 15 cents per 8 kilograms to 20 cents per carton or 20 cents per 8 kilograms.

Item [2] increases the statutory R&D charge on passionfruit directed to processing payable to HAL from $10 per tonne to $15 per tonne.


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