Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN HORTICULTURAL CORPORATION (DRIED FRUITS EXPORT CONTROL)REGULATIONS (AMENDMENT) 1992 NO. 377

STATUTORY RULES 1992 No. 377

Issued by the Authority of the Minister for Primary Industries and Energy

Australian Horticultural Corporation Act 1987

Australian Horticultural Corporation (Dried Fruits Export Control) Regulations (Amendment)

The Australian Horticultural Corporation (AHC) carries out marketing and promotion activities for the apple, pear, citrus, nursery products, nashi, macadamia nut, avocado and chestnut industries in both domestic and export markets. The Act also provides for semi-autonomous product boards if that is an industry's preference, but so far only the dried fruits' industry has chosen this option. The Australian Dried Fruits Board (ADFB) is such a product board but can only carry out export marketing and promotion of dried vine fruit. Domestic marketing and promotion of dried vine fruit are a matter for the peak industry body and associated packers.

Under section 117 of the Act, the AHC presently controls the export of horticultural products of certain of its member industries under the Australian Horticultural Corporation (Export Control) Regulations (SR 1990 No 422) made on 27 June 1991.

The ADFB on 1 July 1991 replaced the now-defunct Australian Dried Fruits Corporation (ADFC). The Australian Horticultural Corporation (Dried Fruits Export Control) Regulations which were made on 27 June 1991 provide the ADFB with essentially the same export control powers as were administered by the former ADFC.

These powers include the ability to recommend on the granting of licences; to set quota allocations for exporters and export markets; to set quality standards and minimum prices; and to approve overseas agents.

The Regulations provide the ADFB with essentially the same export control powers as those provided in the now defunct regulations formerly administered by the ADFC. These include the ability to recommend on the granting of licences; to set quota allocations for exporters and export markets; to set quality standards and minimum prices; and to approve overseas agents.

The export controls for dried fruit are the overall responsibility of the parent AHC. The AHC grants the licences to export, while the ADFB administers the controls. The AHC, in issuing a licence, must take into account a number of criteria set out in the Regulations. Licences, so granted, are valid for a maximum period of three years, after which exporters must reapply. To export, licensees require a certificate of authority from the ADFB, and must comply with conditions and restrictions as determined by the ADFB.

Decisions of the AHC in regard to the issue, cancellation or suspension of licences and decisions by the ADFB in regard to the granting and revoking of certificates to export are appellable to the Administrative Appeals Tribunal.

These proposed Regulations correct drafting errors in the Australian Horticultural Corporation (Dried Fruits Export Control) Regulations, Statutory Rules 1991 No. 199. Some errors were identified by the Senate Standing Committee on Regulations and Ordinances. Other errors, dealing with transitional arrangements and the Schedule attached to the Regulations, were identified by the Attorney General's Department.

In practice these amendments will not have any effect on the administration of the Regulations, but only serve to correct the original drafting inconsistencies.

Details of the proposed regulations are at Attachment A.

The proposed regulations would commence on gazettal.

ATTACHMENT A

DETAILS OF THE AUSTRALIAN HORTICULTURAL CORPORATION (DRIED FRUITS EXPORT CONTROL) REGULATIONS (AMENDMENT)

Regulation 1 gives the full name of the Regulation being amended.

Regulation 2 amends the inconsistencies in Regulation 14 which deals with applications for review made to the Administrative Appeals Tribunal.

Regulation 3 amends the inconsistencies in Regulation 17 which is concerned with transitional arrangements for the continuity of licences formerly granted under the Dried Fruits Export Control (Licences) Regulations for the full term specified in that licence.

Regulation 4 amends references in the Schedule to parts of the Regulation about the required information in completing the Schedule.