| C2004C01882 | APPLE AND PEAR LEVY ACT 1976
- Reprinted as at 30 April 1994 (#DATE 30:04:1994)
*1* The Apple and Pear Levy Act 1976 as shown in this reprint comprises Act No. 195, 1976 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 Apple and Pear Levy Act 1976 195, 1976 20 Dec 1976 1 Jan 1977 Apple and Pear Levy Amendment Act 1981 146, 1981 21 Oct 1981 18 Nov 1981 S. 2 (2) Canned Fruits Marketing Legislation Repeal and Amendment Act 1982 19, 1982 28 Apr 1982 28 Apr 1982 - Apple and Pear Levy Amendment Act 1984 28, 1984 18 May 1984 1 Jan 1985 - Australian Horticultural Corporation (Transitional Provisions and Consequential Amendments) Act 1987 165, 1987 26 Dec 1987 1 Aug 1988 (see s. 2 and Gazette 1988, No. S216) - Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 26, 1991 1 Mar 1991 1 July 1991 (see s. 2) S. 5 Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 3 rep. No. 26, 1991 S. 4 am. No. 146, 1981; No. 28, 1984; No. 26, 1991 S. 5 am. No. 165, 1987; No. 26, 1991 S. 6 am. No. 146, 1981 S. 7 am. No. 19, 1982; No. 28, 1984; No. 26, 1991 APPLE AND PEAR LEVY ACT 1976 - LONG TITLE
SECT
An Act to impose a Levy on the Production of
certain Apples and Pears
APPLE AND PEAR LEVY ACT 1976 - SECT 1
Short title
SECT
1. This Act may be cited as the Apple and Pear Levy Act 1976.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
APPLE AND PEAR LEVY ACT 1976 - SECT 2
Commencement
SECT
2. This Act shall come into operation on 1 January 1977.
APPLE AND PEAR LEVY ACT 1976 - SECT 4
Interpretation
SECT
4. (1) In this Act, unless the contrary intention appears:
"box" means:
(a) in relation to apples - a box of a kind ordinarily used for the packing
of apples and known as a bushel box; and
(b) in relation to pears - a box of a kind ordinarily used for the packing
of pears and known as a bushel box;
"fruit" means apples or pears;
"fruit juice" includes:
(a) cider and perry; and
(b) a beverage distilled from fruit;
"Growers' Association" means the association known as the Australian Apple
and Pear Growers' Association that was formed at a meeting in Melbourne on 5
and 6 December 1945;
"juicing fruit" means fruit:
(a) sold by the producer to a quantity purchaser or selling agent for use in
the production in Australia of fruit juice; or
(b) used by the producer in the production in Australia of fruit juice;
"processing fruit" means fruit:
(a) sold by the producer to a quantity purchaser or selling agent for use in
the production in Australia of goods other than fruit juice; or
(b) used by the producer in the production in Australia of goods other than
fruit juice;
"retail sale" means any sale by a producer other than a sale made through,
or to, a person who is a selling agent or quantity purchaser;
"year" means a period of 12 months commencing on 1 January.
(2) In the application of this Act to fruit that is not packed in boxes, a
reference to a box of fruit shall be read as a reference to 18 kilograms of
fruit or, if the fruit is of a variety in respect of which another weight is
specified in the regulations for the purposes of this subsection, that other
weight of fruit.
(3) For the purposes of this Act, a person (whether a selling agent or not)
is a quantity purchaser at any time if, during the period of 12 months
immediately preceding that time, he purchased directly from producers not less
than 1,000 boxes of fruit or such other quantity of fruit as is prescribed by
regulations in force at that time.
(4) 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 1991for the purposes
of that Act has the same meaning in this Act as in the Primary Industries
Levies and Charges Collection Act 1991.
APPLE AND PEAR LEVY ACT 1976 - SECT 5
Imposition of levy
SECT
5. (1) Subject to this Act, a levy is imposed on:
(a) fruit produced in Australia and, on or after 1 January 1977, sold in
Australia by the producer; and
(b) fruit produced in Australia and, on or after 1 January 1977, used by the
producer in the production in Australia of fruit juice or other goods.
(1A) Levy is not imposed on:
(a) fruit that is sold in Australia by the producer on or after the day
fixed under subsection 2 (2) of the Australian Horticultural Corporation Act
1987; or
(b) fruit that is used by the producer on or after the day referred to in
paragraph (a).
(2) The levy is payable by the producer of the fruit.
APPLE AND PEAR LEVY ACT 1976 - SECT 6
Rate of levy
SECT
6. (1) Subject to subsection (2), the rate of the levy imposed by this Act
is such rate as is prescribed.
(2) The rate of the levy shall not exceed:
(a) in the case of levy on juicing fruit - $1.50 per tonne of fruit;
(b) in the case of levy on processing fruit - $3.60 per tonne of fruit; or
(c) in any other case - 12 cents per box of fruit.
(3) Before making regulations for the purposes of subsection (1), the
Governor-General shall take into consideration any recommendations made to the
Minister by the Association with respect to the rate of the levy.
APPLE AND PEAR LEVY ACT 1976 - SECT 7
Exemptions
SECT
7. (1) Levy is not payable in respect of fruit that, in a year, is sold by
the producer by retail sale or used by the producer in the production of fruit
juice or other goods, if the total quantity of the fruit so sold and used is
not greater than 500 boxes of fruit or such other quantity as is prescribed.
(2) Levy is not payable in respect of fruit exported after the commencement
of this Act.
(3) Levy is not payable in respect of pears on which charge is or becomes
payable under the Canned Fruits Levy Act 1979.
(3A) Levy is not payable in respect of pears sold by the producer for use,
or used by the producer, in the production of dried fruit.
(4) Levy is not payable in respect of fruit included in a prescribed class
of fruit.
(5) Before making regulations for the purposes of subsection (4), the
Governor-General shall take into consideration any recommendations with
respect to the proposed regulations made to the Minister by the Association.
APPLE AND PEAR LEVY ACT 1976 - SECT 8
Regulations
SECT
8. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
|