Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (CITRUS) REGULATIONS(AMENDMENT) 1997 NO. 120

STATUTORY RULES 1997 No. 120

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 (Citrus) 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, inter alia, for the imposition and collection of levies and export charges to fund the Horticultural Research and Development Corporation (HRDC).

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.

Subsection 14(1) of both the Levy and Export Charge Acts provide that the Governor-General may make regulations for the purposes of the Acts.

Section 9 of both the Levy and Export Charge Acts provide that the regulations may fix rates of levy and export charge, respectively, destined for the HRDC.

Subsection 14(3) 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 HRDC to the Minister in relation to the levy rate.

Subsection 14(6) of both the Levy and Export Charge Acts require that before making a recommendation to the Minister, the HRDC shall consult the eligible industry body for the leviable horticultural product, which in the case of citrus is the Australian Citrus Growers Incorporated (ACG).

Subsection 14(8) of both the Levy and Export Charge Acts require that recommendations made by the HRDC to the Minister be accompanied by a written statement of the views of the industry body consulted in relation to the recommendation, which supports the increase in levy and export charge.

The purpose of the Regulations is to increase the amount of levy and export charge directed to the HRDC by 0.5 cents per box to 3 cents per box for oranges, 25 cents per tonne to $1.50 per tonne for oranges, 0.5 cents per box to 3 cents per box for citrus other than oranges, 25 cents per tonne to $1.50 per tonne of citrus other than oranges.

The Primary Industries Levies and Charges Collection (Citrus) Regulations (Amendment) give effect to the ACG's decision to increase the citrus industry's contributions to the HRDC. The HRDC has recommended the proposed changes.

The changes are expected to result in an additional $172,500 being raised by the industry for research and development by the HRDC on behalf of the citrus industry and which can be matched by Commonwealth contributions.

The Regulations also correct an anomaly in the Regulations by amending Regulation 16 which included drafting errors in reference to other clauses.

The Regulations commenced on 1 July 1997.