PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (APPLE AND PEAR) REGULATIONS (AMENDMENT) 1993 NO. 311

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (APPLE AND PEAR) REGULATIONS (AMENDMENT) 1993 NO. 311

STATUTORY RULES 1993 No. 311

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 ACT 1991

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (APPLE AND PEAR) REGULATIONS (AMENDMENT)

The Horticultural Levy Act 1987 (the Levy Act), the Horticultural Export Charge Act 1987 (the Export Charge Act) and the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provide for the imposition and collection of levy and export charges to fund the Australian Horticultural Corporation (AHC) and the Horticultural Research and Development Corporation (HRDC).

Section 8 of the Levy Act and section 8 of the Export Charge Act permit the rate of levy and export charge, respectively, which fund the AHC, to be fixed by regulation. Section 9 of the Levy Act and section 9 of the Export Charge Act permit the rate of levy and export charge, respectively, which fund the HRDC, to be fixed by regulation.

Subsection 14(1) of the Levy Act, subsection 14(1) of the Export Charge Act, and subsection 30(1) of the Collection Act empower the Governor-General to make regulations for the purposes of these Acts.

The purpose of the proposed Primary Industries Levies and Charges Collection (Apple and Pear) Regulations (Amendment) is to increase the levies payable and the export charges payable on apples and pears from 1 January 1994. The increased levies and charges are in accordance with the request of the peak industry body, the Australian Apple And Pear Growers' Association (AAPGA). The additional funds raised will fund the marketing activities of the AHC and the research activities of the HRDC. The extra research funds are eligible for matching Commonwealth funding.

The increased levies and charges to be imposed by the proposed regulations are as follows. For fresh apples, the rates of levy and export charge which fund the AHC both rise from 15 cents per box to 17 cents per box; the rates of levy and export charge which fund the HRDC both rise from 3 cents per box to 5 cents per box. For juicing apples, the rate of levy which funds the AHC rises from $1.50 to $1.70 per tonne while the rate of levy which funds the HRDC rises from 30 cents to 50 cents per tonne. For processing apples, the rate of levy which funds the AHC rises from $3.00 to $3.40 per tonne while the rate of levy which funds the HRDC rises from 60 cents to $1.00 per tonne. For fresh pears, the rates of levy and export charge which fund the AHC both rise from 15 cents per box to 19 cents per box while the rates of levy and export charge which fund the HRDC both rise from 3 cents per box to 6 cents per box. For juicing pears, the rate of levy which funds the AHC rises from $1.50 to $1.90 per tonne while the rate of levy which funds the HRDC rises from 30 cents to 60 cents per tonne. For processing pears, the rate of levy which funds the AHC rises from $3.00 to $3.80 per tonne while the rate of levy which funds the HRDC rises from 60 cents to $1.20 per tonne. These decisions reflect the apple and pear industry's wish to devote extra funds for marketing and for research and development.

Subsection 14(3) of the Levy Act and subsection 14(3) of the Export Charge Act require that before making regulations to amend the rates of levy under section 8 of the Levy Act and section 8 of the Export Charge Act, respectively, the Governor-General shall take into account any relevant recommendations made to the Minister by the AHC. Subsection 14(6) of the Levy Act and subsection 14(6) of the Export Charge Act require that before making a recommendation to the Minister, the AHC shall consult with the eligible industry bodies. The AHC has consulted with the eligible industry body for the apple and pear industry, the AAPGA, which supports the increases.

Subsection 14(4) of the Levy Act and subsection 14(4) of the Export Charge Act require that before making regulations to amend the rates of levy under section 9 of the Levy Act and section 9 of the Export Charge Act, respectively, the Governor-General shall take into account any relevant recommendations made to the Minister by the HRDC. Subsection 14(7) of the Levy Act and subsection 14(7) of the Export Charge Act require that before making a recommendation to the Minister, the HRDC shall consult with the eligible industry bodies. The HRDC has also consulted with the eligible industry body for the apple and pear industry, the AAPGA, which supports the increases.

Subsection 14(8) of the Levy Act and subsection 14(8) of the Export Charge Act require that recommendations made by the AHC or the HRDC to the Minister be accompanied by a written statement of the views of the industry body consulted in relation to the recommendation. The Managing Director of the AHC and the Chairman of the HRDC have written to the Minister recommending he implement the increases proposed by the AAPGA.

Regulation 10 of the Primary Industries Levies and Charges Collection (Apple and Pear) Regulations Statutory Rules, 1992 No 441, provides that the amount of levy payable under the Levy Act to the AHC and the HRDC on each class of leviable horticultural product is as specified in Schedule 1. Regulation 11 provides that the rate of charge payable under the Export Charge Act to the AHC and the HRDC on each class of chargeable horticultural product is as specified in Schedule 2. Proposed Schedules 1 and 2 give effect to the new levy rates.

Details of the proposed Regulations increasing the levy and export charge on apples and pears are as follows:

Regulation 1 provides for the Regulations to commence on 1 January 1994.

Regulation 2 amends the Primary Industries Levies and Charges Collection (Apple and Pear) Regulations as set out in the new Regulations.

Regulation 3 establishes increased levy rates as set out in Schedule 1.

Regulation 4 establishes increased export charges as set out in Schedule 2.