Federal Register of Legislation - Australian Government

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Horticultural Export Charge Act 1987

Act No. 170 of 1987 as amended, taking into account amendments up to Act No. 42 of 1991
Registered 26 Nov 2009
Start Date 27 Mar 1991
End Date 31 Dec 1994
Date of repeal 01 Jul 1999
Repealed by Primary Industries Levies and Charges (Consequential Amendments) Act 1999

HORTICULTURAL EXPORT CHARGE ACT 1987
- Updated as at 23 March 1994 (HISTACT CHAP 1397 #DATE 23:03:1994)

*1*. The Horticultural Export Charge Act 1987 as shown in this reprint comprises Act No. 170, 1987 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Horticultural Export Charge Act 1987
170, 1987 26 Dec 1987 1 Aug 1988
(see s. 2 and Gazette 1988, No. S216)
Horticultural Export Charge Amendment Act 1989
48, 1989 8 June 1989 8 June 1989 -
Primary Industries Levies and Charges Collection (Consequential
Provisions) Act 1991
26, 1991 1 Mar 1991 1 July 1991 (see s. 2) -
Australian Horticultural Corporation Amendment Act 1991
42, 1991 27 Mar 1991 Parts 3 and 4 (ss. 23-29):
1 July 1991
Remainder: Royal Assent -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 4 rep. No. 26, 1991
S. 5 am. No. 48, 1989
S. 5A ad. No. 26, 1991
S. 7 am. No. 48, 1989; No. 42, 1991
S. 8A ad. No. 42, 1991
S. 11 am. No. 42, 1991
S. 12 am. No. 26, 1991
S. 14 am. No. 42, 1991

HORTICULTURAL EXPORT CHARGE ACT 1987 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Principal object
5. Act binds Crown
5A. Interpretation
6. Imposition of charge
7. Rates of charge
8. Rates of charge destined for the Australian Horticultural
Corporation
8A. Rates of charge destined for a Product Board
9. Rates of charge destined for the Horticultural Research and
Development Corporation
10. Rates of charge destined for other purposes
11. Flexibility in relation to rates of charge
12. By whom charge payable
13. Exemptions from charge
14. Regulations

HORTICULTURAL EXPORT CHARGE ACT 1987 - LONG TITLE

SECT

An Act to impose a charge on the export of certain
horticultural products

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 1
Short title

SECT

1. This Act may be cited as the Horticultural Export Charge Act 1987.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 2
Commencement

SECT

2. This Act shall come into operation on the commencement of the Horticultural Levy Act 1987.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 3
Principal object

SECT

3. The principal object of this Act is to ensure that adequate funds are raised for the operations of the Australian Horticultural Corporation and the Horticultural Research and Development Corporation.

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 5
Act binds Crown

SECT

5. This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 5A
Interpretation

SECT

5A. (1) In this Act, unless the contrary intention appears:
"chargeable horticultural products" means horticultural products prescribed for the purposes of this definition;
"cut flowers and foliage" includes processed cut flowers and foliage;
"fruits" includes processed fruits;
"horticultural products" means:
(a) fruits; and
(b) vegetables; and
(c) nuts; and
(d) nursery products; and
(e) cut flowers and foliage; and
(f) products prescribed for the purposes of this paragraph;
"nursery products" includes trees, shrubs, plants, seeds, bulbs, corms, tubers, propagating material and plant tissue cultures, grown for ornamental purposes or for producing fruits, vegetables, nuts or cut flowers and foliage;
"nuts" includes processed nuts;
"vegetables" includes:
(a) mushrooms and other edible fungi; and
(b) processed vegetables (including mushrooms and other edible fungi).


(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 6
Imposition of charge

SECT

6. Subject to this Act, charge is imposed on chargeable horticultural products produced in Australia (whether before or after the commencement of this Act) that are exported from Australia after the commencement of this Act.

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 7
Rates of charge

SECT

7. (1) Subject to subsection (2), the rate of charge in relation to a chargeable horticultural product is the sum of the rates prescribed by virtue of sections 8, 8A, 9 and 10 that are applicable to the class of chargeable horticultural products in which the product is included.


(2) If the Australian Statistician has published an annual average unit gross value in relation to a class of horticultural products for the first 3 of the 4 immediately preceding financial years, the rate of charge in the current financial year in relation to products in the class of products shall not exceed 5% of the average of those values.

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 8
Rates of charge destined for the Australian Horticultural Corporation

SECT

8. The regulations may fix a rate of charge for the purposes of this section in relation to a class of chargeable horticultural products.

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 8A
Rates of charge destined for a Product Board

SECT

8A. Where a Product Board is established under the Australian Horticultural Corporation Act 1987, the regulations may fix a rate of charge for the purposes of this section in relation to a class of chargeable horticultural products, being horticultural products in respect of which the Product Board was established.

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 9
Rates of charge destined for the Horticultural Research and
Development Corporation

SECT

9. The regulations may fix a rate of charge for the purposes of this section in relation to a class of chargeable horticultural products.

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 10
Rates of charge destined for other purposes

SECT

10. The regulations may fix a rate of charge for the purposes of this section in relation to a class of chargeable horticultural products.

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 11
Flexibility in relation to rates of charge

SECT

11. Without limiting the generality of sections 8, 8A, 9 and 10:
(a) different rates may, for the purposes of those sections or any one of them, be prescribed for different classes of chargeable horticultural products;
(b) different rates may be prescribed in relation to a class of chargeable horticultural products for the purposes of each of those sections; and
(c) a rate may be prescribed in relation to a class of chargeable horticultural products for the purposes of one or more of those sections, and not for the purposes of the other sections or section.

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 12
By whom charge payable

SECT

12. The charge on chargeable horticultural products is payable by the producer of the products.

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 13
Exemptions from charge

SECT

13. The regulations may exempt from charge:
(a) chargeable horticultural products exported by specified classes of persons; or
(b) specified subclasses of a class of chargeable horticultural products.

HORTICULTURAL EXPORT CHARGE ACT 1987 - SECT 14
Regulations

SECT

14. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.


(2) Without limiting the manner in which classes of chargeable horticultural products may be described in the regulations, the regulations may describe such classes by reference to:
(a) the use for which the products are exported or sold for export; or
(b) the state, form or condition of the products, whether by reference to a process or otherwise.


(3) Before making regulations for the purposes of section 8, the Governor-General shall take into consideration any relevant recommendation made to the Minister by the Australian Horticultural Corporation.


(3A) Before making regulations for the purposes of section 8A, the Governor-General is to take into consideration any relevant recommendation made to the Minister by the Product Board concerned.


(4) Before making regulations for the purposes of section 9, the Governor-General shall take into consideration any relevant recommendation made to the Minister by the Horticultural Research and Development Corporation.


(5) Before making regulations for the purposes of section 13, the Governor-General shall take into consideration any relevant recommendation made to the Minister by the Australian Horticultural Corporation or the Horticultural Research and Development Corporation.


(6) Before making a recommendation to the Minister for the purposes of subsection (3) or (5), the Australian Horticultural Corporation shall consult with the body that, under the regulations, is the eligible industry body for:
(a) the relevant chargeable horticultural products; or
(b) the relevant class or subclass of chargeable horticultural products;
as the case requires.


(7) Before making a recommendation to the Minister for the purposes of subsection (4) or (5), the Horticultural Research and Development Corporation shall consult with the body that, under the regulations, is the eligible industry body for:
(a) the relevant chargeable horticultural products; or
(b) the relevant class or subclass of chargeable horticultural products;
as the case requires.


(8) A recommendation under subsection (6) or (7) shall be accompanied by a written statement of the views of the body consulted in relation to the making of the recommendation.


(9) The body that, under the regulations, is the eligible industry body for:
(a) leviable horticultural products; or
(b) a class or subclass of leviable horticultural products;
may make recommendations to the Minister in relation to regulations to be made for the purposes of section 10 in relation to those products or products included in that class or subclass, as the case may be.


(10) Before making regulations for the purposes of section 10, the Governor-General shall take into consideration any relevant recommendation made to the Minister under subsection (9).