Commonwealth Numbered Regulations - Explanatory Statements

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PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION (NATIONAL RESIDUESURVEY-APPLE AND PEAR) REGULATIONS 1997 NO. 363

STATUTORY RULES 1997 No. 363

Issued by Authority of the Minister for Primary Industries and Energy

Primary Industries Levies and Charges Collection Act 1991

National Residue Survey Administration Act 1992

Horticultural Export Charge Act 1987

Primary Industries Levies and Charges Collection (National Residue Survey-Apple and Pear) Regulations

Section 30 of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provides that the Governor-General may make regulations, not inconsistent with the Collection Act, prescribing all matters required or permitted to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Collection Act, in particular the making of provisions in relation to the payment of levy or amounts on account of levy and other amounts payable to the Commonwealth. Section 13 of the National Residue Survey Administration Act 1992 (the NRS Act) provides that the Governor-General may make regulations, not inconsistent with the NRS Act, prescribing all matters required or permitted by the NRS Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the NRS Act.

Under subsection 14(1) of the Horticultural Export Charge Act 1987 (the Charge Act) the Governor-General may make regulations required or necessary to be made to give effect to this Act. Section 10 of the Charge Act provides that regulations may fix a rate of charge for purposes unspecified by the Collection Act in relation to a class of leviable horticultural product. The Regulations prescribe apples and pears as chargeable horticultural products under section 10 of the Charge Act. Paragraph 9(2)(b) of the NRS Act allows for a rate of levy to be prescribed in relation to apples and pears, not exceeding the rate specified in Column [3] of the Table appearing in the Schedule to the NRS Act. The prescribed operative rate of levy, under the NRS Act, appearing in Column [2] of the Table appearing in the Act, is being set at a rate of ten cents per tonne for juicing apples and juicing pears, twenty cents per tonne for processing apples and processing pears, and one cent per box for apples and pears other than those for juicing and processing. This rates of levy are consistent with the wishes of the Apple and Pear Industry in accordance with its commitment to the National Residue Survey under full cost recovery.

These regulations are effective from the 1 January 1998.