IMPORTANT—You can lodge your
horticulture return online.
Why is there a levy/export charge on stone fruit?
The Australian Government introduces levies and export charges at the request of industry. These levies variously fund research and development, marketing, residue testing, plant and animal biosecurity programs and emergency responses for industry.
The stone fruit levy and export charge funds Horticulture Innovation Australia Limited (HIAL) stone fruit research and development (R&D) and marketing and Plant Health Australia (PHA) plant health programs. To find out more, visit Horticulture Innovation Australia Limited and Plant Health Australia.
What is the levy/export charge payable on?
Levy is payable on stone fruit produced and sold in Australia.
Export charge is payable on stone fruit exported from Australia. No export charge is payable if domestic levy has already been paid on the product to be exported.
Who pays the levy/export charge? Who submits returns?
The producer (the person who owns the stone fruit immediately after harvest) is liable to pay the levy.
If the producer sells their produce through an intermediary, such as a first purchaser, buying agent, selling agent or merchant, the intermediary must pay levy and submit all return forms on behalf of the producer. The intermediary can recover from the producer the amount of levy paid, by offset or otherwise.
If the producer sells stone fruit by retail sale—for example, direct to the consumer at roadside stalls or through shed or farm gate sales—they must pay levy and submit all return forms directly to the Department of Agriculture - Levies.
The producer—that is, the person who owns the product at the time of export from Australia—is liable to pay the export charge and submit return forms to the Department of Agriculture - Levies.
If the producer exports the product through an exporting agent, the agent must pay the charge and submit all return forms to the Department of Agriculture - Levies on behalf of the producer. The agent can recover from the producer the amount of charge paid from the producer (the owner of the product at the time of export).
return form or contact your
Department of Agriculture - Levies state office.
What is the levy/export charge rate on stone fruit?
Stone fruit: 1 cent per kilogram.
Levy rates are current as at 1 October 2013.
Australian Government levies exclude GST.
Are there any exemptions from this levy/export charge?
No levy or export charge is payable on stone fruit that is sold by a producer directly to a processor for processing.
When is the payment due?
The return together with payment must be submitted to the Department of Agriculture - Levies within 28 days of the end of the quarters of March, June, September and December. For example, the return and payment for the quarter ending 30 June—that is, for the months of April, May and June—are due on or before 28 July.
Producers who sell stone fruit by retail sale may submit annual rather than quarterly returns.
The return together with payment must be submitted to the Department of Agriculture - Levies on or before 28 August in the next levy year*. For example, the return and payment for the 2012-13 levy year* are due on or before 28 August 2013.
A first purchaser, buying agent, selling agent or exporter may apply through the Department of Agriculture - Levies for an exemption from the requirement to lodge quarterly returns for a levy year* if they have reasonable grounds to believe that the levy/export charge payable will be less than $500. If the Department of Agriculture - Levies grants an exemption, they must lodge returns annually.
Please contact your
Department of Agriculture - Levies state office for an application for exemption form or for more information on annual returns.
General information and definitions
The levy/export charge rates are calculated per kilogram.
A 'retail sale' is a sale by the producer of the stone fruit direct to the consumer—that is, at a roadside stall or by shed or farm gate sale—and not to a first purchaser or through an agent.
*A levy year for stone fruit is a financial year—that is, 1 July to 30 June.
What legislation covers this levy/export charge?
A legislative framework of imposition, collection and disbursement legislation authorises and supports Australia’s primary industries levies system. These are the relevant Acts:
Primary Industries (Excise) Levies Act 1999
Primary Industries (Customs) Charges Act 1999
Primary Industries Levies and Charges Collection Act 1991
Please note that, under section 27 of the
Primary Industries Levies and Charges Collection Act 1991, an authorised Department of Agriculture officer can release the names and addresses of levy payers to industry bodies and levy recipient organisations.
Download the legislation from
www.comlaw.gov.au or call CanPrint Information Services on 02 6293 8383 to purchase a copy.
This information sheet is a guide only and does not substitute for the relevant legislation.