Understanding the Agricultural Produce Commission (APC)
and Fee-for-service
Frequently Asked Questions
What is the Agricultural Produce Commission (APC)?
The Agricultural Produce Commission (APC) is a Western Australian statutory body established under the Act. The APC supports agricultural industries to establish Producers' Committees that deliver services and initiatives for the benefit of producers and the long-term development of their industries.
Who is required to pay APC fees?
If you are a producer in an industry that has an APC Producers' Committee operating under the Act and a fee-for-service charge has been imposed for that industry, you are required to pay the fee.
The fee applies because you are a producer in that industry. It is not dependent on where your produce is sold or marketed.
What is a Producers' Committee?
A Producers' Committee is established under the Agricultural Produce Commission Act to represent producers within a particular agricultural industry and to deliver services that benefit that industry. Producers Committees are industry-led, with all committee decisions being made by fee-for-service paying producers.
Who is required to pay APC fees?
If you are a producer in an industry that has an APC Producers' Committee operating under the Act and a fee-for-service charge has been imposed for that industry, you are required to pay the fee.
The fee applies because you are a producer in that industry. It is not dependent on where your produce is sold or marketed.
Who is responsible for paying the APC fee?
The producer is legally responsible for paying the APC fee. The regulations for horticultural industries specifically state that the producer is liable for the charge.
In many cases, a dealer collects the fee on behalf of the APC and remits it to the Commission on behalf of the producer. However, the use of a dealer does not transfer liability away from the producer.
When are APC fees payable?
APC fees become payable when a charge has been imposed under the Act and published in accordance with the legislation. For many horticultural industries, fees are collected when produce is sold, received, processed or otherwise handled through arrangements specified in the regulations.
Do I have to pay APC fees if I sell my produce interstate or overseas?
Yes.
Selling produce interstate or overseas does not exempt a producer from APC fees. This is because the APC services are provided to Western Australian producers - regardless of the destination of their produce. If your industry has a Producers' Committee and a fee applies, the fee remains payable.
Why do I still pay if my produce leaves Western Australia?
The APC services are provided to Western Australian producers - regardless of the destination of their produce. These services can include:
Research, innovation, training and development
Biosecurity programs
Pest and disease management
Industry advocacy and representation
Market development activities
Industry communication and consultation
Collection of industry information and statistics
Who decides how much the fee will be?
The APC determines the amount of the fee having regard to the recommendations of a producers’ committee and after considering the cost of delivering services and other relevant factors. The fee must also be approved by the Minister before it can be imposed.
Where can I find the current APC fee rates?
Current fee-for-service rates and return information are published by the APC and made available through the APC website. Because fee rates may vary between industries and can change over time, producers should refer to the latest APC notices, return forms or industry committee information, or contact the APC directly to confirm the current rate that applies to their business. Agricultural Produce Commission Western Australia
What do I get for my fees?
Each producers’ committee is focussed on different priorities based on the needs of their producers.
Services funded through fees-for-service can include produce:
· quality programs, industry marketing and export development programs designed to expand the opportunities and value of your produce,
· industry development and innovation activities aimed at helping you to improve the quality, sustainability or profitability of your business; and
· biosecurity preparedness, surveillance and response aimed at reducing the risk and impact of exotic pest and disease.
You can learn more about the services provided for your industry by visiting Agricultural Produce Commission Western Australia and also by checking out the latest annual report at Annual Reports — Agricultural Produce Commission Western Australia.
Is the APC fee voluntary?
No.
An APC fee-for-service charge is a statutory charge established under legislation. It is not a voluntary contribution, donation or membership fee. Producers covered by the charge are legally required to pay it.
How are APC fees collected?
For horticultural industries, dealers are typically responsible for collecting fees from producers and forwarding those fees as required under the regulations. If you sell produce other than through a dealer, then you are obliged to submit a return and pay the fee-for-service directly.
What happens if APC fees are not paid?
Amounts owed to the Commission or a Producers' Committee may be legally recovered by the Commission. There may also be penalty fines applicable (such as for failing to lodge a fee-for-service return).
How can producers have a say in how APC funds are used?
Producers can influence industry priorities by:
Nominating for Producers' Committee positions
Participating in industry consultation activities
Providing feedback to their Producers' Committee
Voting in APC polls where applicable
The APC framework is designed to allow producers to direct industry investment and priorities.