Statutory Rules 1988 No. 1901

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Horticultural Export Charge Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Horticultural Export Charge Act 1987 and the Horticultural Export Charge Collection Act 1987.

Dated 25 July 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

JOHN KERIN

Minister of State for Primary Industries

and Energy

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Citation

1. These Regulations may be cited as the Horticultural Export Charge Regulations.

Commencement

2. These Regulations commence on the date of commencement of the Horticultural Levy Act 1987.

Interpretation

3. (1) In these Regulations, unless the contrary intention appears:

“apple” has the same meaning as in the Horticultural Levy (Apple and Pear) Regulations;

“box”, in relation to apples, pears or citrus, means a container of a kind:

(a) ordinarily used in the Australian horticultural industry for packing apples, pears or citrus; and

(b) ordinarily known in that industry as a bushel box or 30 litre box;

“citrus” has the same meaning as in the Horticultural Levy (Citrus) Regulations;

“citrus (excluding grapefruit) in bulk” means citrus (excluding grapefruit):

(a) sold in bulk by the producer to an exporting agent; or

(b) exported in bulk by the producer or through an exporting agent;

“citrus (excluding grapefruit) not in bulk” means citrus (excluding grapefruit):

(a) sold by the producer to an exporting agent but not so sold in bulk; or

(b) exported by the producer or through an exporting agent but not so exported in bulk;

“exported in bulk”, in relation to citrus, means exported in a container where the mass of citrus in the container exceeds 30 kilograms;

“grapefruit in bulk” means grapefruit:

(a) sold in bulk by the producer to an exporting agent; or

(b) exported in bulk by the producer or through an exporting agent;

“grapefruit not in bulk” means grapefruit:

(a) sold by the producer to an exporting agent but not so sold in bulk; or

(b) exported by the producer or through an exporting agent but not so exported in bulk;

“pear” has the same meaning as in the Horticultural Levy (Apple and Pear) Regulations;

“prescribed class” means one of the classes of horticultural products prescribed by regulation 6;

“prescribed person”, in relation to products in a prescribed class of chargeable horticultural products, means:

(a) a person who is, in relation to those products, an exporting agent; or

(b) in any other case—the owner of those products at the time where they are exported;

“sold in bulk”, in relation to citrus transported or to be transported in a container, means sold where the mass of citrus in the container exceeds 30 kilograms;

“the Charge Collection Act” means the Horticultural Export Charge Collection Act 1987;

“the Export Charge Act” means the Horticultural Export Charge Act 1987.

(2) For the purposes of the application of these Regulations to apples or pears not packed in boxes, a reference to a box of apples or pears is a reference to:

(a) 18 kilograms of apples or pears; or

(b) if the apples or pears are of a variety in respect of which another weight is prescribed for the purposes of this paragraph—that other weight of apples or pears.

(3) For the purposes of the application of these Regulations to citrus not packed in boxes:

(a) a reference to a box of grapefruit is a reference to 16.67 kilograms of grapefruit; and

(b) a reference to a box of citrus excluding grapefruit is a reference to 20 kilograms of that citrus.

Rates of charge

4. (1) In relation to a class of chargeable horticultural products specified in an item in Schedule 1:

(a) the rate of charge for the purposes of section 8 of the Export Charge Act is 92.5% of the rate specified in that item; and

(b) the rate of charge for the purposes of section 9 of the Export Charge Act is 7.5% of the rate specified in that item.

(2) The rate of charge for the purposes of section 8 of the Export Charge Act in relation to a class of chargeable horticultural products specified in an item in Schedule 2 is the rate specified in column 3 in that item.

(3) The rate of charge for the purposes of section 9 of the Export Charge Act in relation to a class of chargeable horticultural products specified in an item in Schedule 2 is the rate specified in column 4 in that item.

Eligible industry bodies

5. For the purposes of subsections 14 (6) and (7) of the Export Charge Act:

(a) the Australian Apple and Pear Growers’ Association is the eligible body for apples and for pears; and

(b) the Australian Citrus Growers’ Federation is the eligible body for citrus.

Chargeable horticultural products

6. The classes of horticultural products specified in column 2 in Schedules 1 and 2 are prescribed for the purposes of the definition of chargeable horticultural products in section 4 of the Charge Collection Act.

Date of payment of charge

7. For the purposes of section 6 of the Charge Collection Act, the amount of charge payable on any chargeable horticultural product is payable on or before the twenty-eighth day of the month next succeeding the month in which that product is exported from Australia.

Manner of payment of charge

8. Amounts of charge, and other amounts, payable to the Commonwealth under the Charge Collection Act, the Export Charge Act or these Regulations shall be paid to the Collector of Public Moneys at the office of the Department in Canberra.

Monthly returns

9. A prescribed person who has exported from Australia in any month any chargeable horticultural products shall, on or before the twenty-eighth day of the next succeeding month, furnish to the Secretary at the office at the Department in Canberra a return setting out:

(a) the full name and business, or residential, address of that person, not being the address of a post office box or bag;

(b) if the address referred to in paragraph (a) is not a satisfactory address for service of documents on that person—such an address, that may be the address of a post office box or bag;

(c) the month in which those products were exported;

(d) the quantity of each prescribed class of chargeable horticultural products exported in that month;

(e) the amount of charge payable in respect of each of the quantities referred to in paragraph (d);

(f) the total of the amounts referred to in paragraph (e); and

(g) a declaration, signed by that person, that the particulars set out in the return are correct in every material particular.

Authorised agents

10. (1) A prescribed person required under paragraph 9 (g) to sign a declaration may appoint a person to be an authorised agent to sign the declaration on his, her or its behalf.

(2) An appointment of an authorised agent shall:

(a) be in accordance with the form in Schedule 3; and

(b) be lodged at the office of the Department in Canberra.

Execution of documents

11. Where a declaration referred to in paragraph 9 (g) or an appointment under regulation 10 is required to be signed by a person, body corporate or partnership, it may be signed:

(a) in the case of an individual—by any other person authorised by him or her in writing to act on his or her behalf in matters that include matters referred to in regulations 9 and 10;

(b) in the case of a body corporate—by a director, secretary or principal officer of the body corporate who purports so to sign or by a person authorised in writing under the rules of the body corporate to act on behalf of the body corporate in matters that include matters referred to in regulations 9 and 10; or

(c) in the case of a partnership—by one of the partners who purports so to sign or by a person authorised in writing under the rules of the partnership to act on behalf of the partnership in matters that include matters referred to in regulations 9 and 10.

Records to be kept

12. A prescribed person who in any month exports any products in a prescribed class of chargeable horticultural products shall keep records showing the quantity of each prescribed class exported in that month.

Penalty: (a) in the case of a natural person—a fine not exceeding $500; or

(b) in the case of a body corporate—a fine not exceeding $2,500.

Form of warrant to enter premises

13. For the purposes of section 13 of the Charge Collection Act, a warrant may be in the form in Schedule 4.

Orders

14. Subject to section 22 of the Charge Collection Act, the Minister may make orders, not inconsistent with that Act or these Regulations, with respect to any matter for or in relation to which provision may be made by regulations under that Act.

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SCHEDULE 1 Subregulation 4 (1)

and regulation 6

RATES OF CHARGE

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SCHEDULE 2 Subregulations

4 (2) and (3) and

regulation 6

RATES OF CHARGE

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SCHEDULE 3 Paragraph 10 (2) (a)

COMMONWEALTH OF AUSTRALIA

HORTICULTURAL EXPORT CHARGE REGULATIONS

APPOINTMENT OF AUTHORISED AGENT

To the Secretary to the Department of Primary Industries and Energy

I/We* (full name and business, or residential, address of exporting agent, or owner of chargeable horticultural products, not being the address of a post office box or bag) hereby appoint (full name, occupation and business, or residential, address of person, not being the address of a post office box or bag) to be an authorised agent for the purposes of signing on my /our* behalf any declaration or other document required, under regulation 9 of the Horticultural Export Charge Regulations, to be furnished by me/us*.

Dated   at   19

(Signature of person appointing the authorised agent or, where that person is a body corporate, the signature and designation of a director, secretary or principal officer of the body corporate or, where the persons appointing the authorised agent are in partnership, the signature of one of the partners and the word “Partner”)

Dated   at   19

(Signature of authorised agent)

* Omit whichever is not applicable.

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SCHEDULE 4 Regulation 13

COMMONWEALTH OF AUSTRALIA

HORTICULTURAL EXPORT CHARGE REGULATIONS

WARRANT UNDER SECTION 13 OF THE EXPORT CHARGE COLLECTION ACT 1987

To: (name of person), an authorised person for the purposes of section 13 of the Horticultural Export Charge Collection Act 1987.

I,     , magistrate (or) justice of the peace*, being satisfied, on an application under section 13 of that Act, in relation to premises at (full address of the premises), by information on oath (or) affirmation*:

(a) that there is reasonable ground for believing:

*(i) that chargeable horticultural products:

*(A) are produced on those premises, whether by growing or harvesting the products, or by processing the products or other products; or

*(B) are handled, stored or processed on those premises,

*(ii) that goods produced from chargeable horticultural products are stored on those premises; or

*(iii) that there are examinable documents on those premises; and

(b) that the issue of this warrant is reasonably required for the purposes of that Act;

SCHEDULE 4—continued

HEREBY AUTHORISE you to enter those premises:

(c) with such assistance, and by such force, as is necessary and reasonable; and

(d) during the hours of (time and date) (or) at any time*;

for the purpose of exercising the powers of an authorised person under subsection 12 (2) of that Act during the period beginning on (date) and ending at the expiration of (date).

Dated   19

Magistrate (or) Justice of the Peace*

* Adapt to suit the circumstances

NOTE

1. Notified in the Commonwealth of Australia Gazette on 29 July 1988.