APPLE AND PEAR LEVY COLLECTION REGULATIONS
- In force under the Apple and Pear Levy Collection Act 1976
- Reprinted as at 31 July 1983 (HISTREG CHAP 213 #DATE 31:07:1983)
*1* The Apple and Pear Levy Collection Regulations (in force under the Apple and Pear Levy Collection Act 1976) as shown in this reprint comprise Statutory Rules 1977 No. 131 amended as indicated in the Tables below. Table of Statutory Rules ----------------------------------------------------------------------------- Year and Date of Date of Application, notification saving or number in Gazette commencement transitional provisions ----------------------------------------------------------------------------- 1977 No. 131 17 Aug 1977 17 Aug 1977 1980 No. 12 4 Feb 1980 4 Feb 1980 - ----------------------------------------------------------------------------- Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ----------------------------------------------------------------------------- Provision affected How affected ----------------------------------------------------------------------------- R. 8 . . . . . . . . am. 1980 No. 12 R. 12 . . . . . . . . ad. 1980 No. 12 Heading to Schedule . rep. 1980 No. 12 Heading to Schedule 1 ad. 1980 No. 12 Schedule 2 . . . . . ad. 1980 No. 12 ----------------------------------------------------------------------------- APPLE AND PEAR LEVY COLLECTION REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Repeal
3. Interpretation
4. Manner of payment of levy, &c.
5. Monthly returns
6. Annual returns
7. Lodging of returns
8. Authorized agent
9. Execution of documents by a company
10. False or misleading information
11. Proper records to be kept
12. Form of warrant for authorized person to enter premises
SCHEDULE 1
FORM OF APPOINTMENT OF AUTHORIZED AGENT
SCHEDULE 2
FORM OF WARRANT
APPLE AND PEAR LEVY COLLECTION REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Apple and Pear Levy Collection
Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
APPLE AND PEAR LEVY COLLECTION REGULATIONS - REG 2
Repeal
2. Statutory Rules 1976, No. 297 are repealed.
APPLE AND PEAR LEVY COLLECTION REGULATIONS - REG 3
Interpretation
3. In these Regulations, unless the contrary intention appears-
"authorized agent" means a person appointed under regulation 8;
"the Act" means the Apple and Pear Levy Collection Act 1976.
APPLE AND PEAR LEVY COLLECTION REGULATIONS - REG 4
Manner of payment of levy, &c.
4. Payment of levy and other moneys payable to the Commonwealth under the
Act shall be made to the Collector of Public Moneys at the office of the
Department of Primary Industry in Canberra.
APPLE AND PEAR LEVY COLLECTION REGULATIONS - REG 5
Monthly returns
5. (1) Where, in any month-
(a) a person who is a quantity purchaser or dealer has purchased fruit from
a grower;
(b) a person who is a dealer has sold fruit on behalf of a grower;
or
(c) a person who is a grower has used fruit in the production of
fruit juice or other goods,
that person shall, on or before the twenty-eighth day of the next
succeeding month, furnish to the Secretary a return containing such of the
particulars specified in sub-regulation (3) as are applicable.
(2) A quantity purchaser or dealer who has not, in any month, purchased
fruit from a grower, or a dealer who has not, in any month, sold fruit on
behalf of a grower, shall, on or before the twenty-eighth day of the next
succeeding month, furnish a statement to the Secretary to that effect by
lodging it at the office of the Department of Primary Industry in Canberra.
(3) The following are the particulars to be included in a return referred to
in sub-regulation (1):
(a) the full name and address of the quantity purchaser, dealer or grower
furnishing the return;
(b) the month in which the fruit was purchased, sold or used;
(c) the quantity of each kind of fruit purchased for use in, sold
for use in, or used in, the production of fruit juice in that month;
(d) the quantity of each kind of fruit purchased for use in, sold
for use in, or used in, the production of other goods in that month;
(e) the quantity of each kind of fruit purchased or sold in that
month for purposes other than for use in the production of fruit juice
or other goods;
(f) the levy payable in respect of each kind of fruit referred to
in paragraph (c), (d) or (e).
(4) A return referred to in sub-regulation (1) shall contain a declaration,
signed by the quantity purchaser, dealer, grower or his authorized agent, that
the information in the return is true and correct.
APPLE AND PEAR LEVY COLLECTION REGULATIONS - REG 6
Annual returns
6. (1) Where a grower has, in any year, sold fruit by retail sale and the
quantity of the fruit so sold by him in that year, together with the quantity
of any fruit used by him in the production of fruit juice or other goods in
that year, is 500 boxes of fruit or more, the grower shall, on or before 28
February in the next succeeding year, furnish to the Secretary a return
containing the following particulars:
(a) the full name and address of the grower;
(b) the year in which the fruit was so sold;
(c) the quantity of each kind of fruit so sold;
(d) the levy payable in respect of each kind of fruit so sold.
(2) A return referred to in sub-regulation (1) shall contain a declaration,
signed by the grower or his authorized agent, that the information in the
return is true and correct.
APPLE AND PEAR LEVY COLLECTION REGULATIONS - REG 7
Lodging of returns
7. A return referred to in sub-regulation 5 (1) or 6 (1) shall be furnished
to the Secretary by lodging it at the office of the Department of Primary
Industry in Canberra.
APPLE AND PEAR LEVY COLLECTION REGULATIONS - REG 8
Authorized agent
8. (1) A person may appoint a person to be his authorized agent for the
purpose of signing on his behalf the declaration contained in a return
referred to in sub-regulation 5 (1) or 6 (1) required to be furnished by the
first-mentioned person.
(2) An appointment of an authorized agent shall be substantially in
accordance with the form in Schedule 1 and shall be lodged at the office of
the Department of Primary Industry in Canberra.
APPLE AND PEAR LEVY COLLECTION REGULATIONS - REG 9
Execution of documents by a company
9. Where these Regulations provide that a declaration or appointment shall
be signed by a person and that person is a company, the declaration or
appointment may be signed on behalf of the company by a director or the
secretary of the company.
APPLE AND PEAR LEVY COLLECTION REGULATIONS - REG 10
False or misleading information
10. A person shall not furnish-
(a) a return referred to in sub-regulation 5 (1) or 6 (1); or
(b) other information for the purposes of the Act or these
Regulations, that, to his knowledge, is false or misleading in a material
particular.
Penalty: $200.
APPLE AND PEAR LEVY COLLECTION REGULATIONS - REG 11
Proper records to be kept
11. (1) A quantity purchaser or dealer shall keep records showing, in
respect of fruit purchased from, or sold on behalf of, a grower-
(a) the quantity of each kind of fruit so purchased or so sold in each
month for use in the production of fruit juice;
(b) the quantity of each kind of fruit so purchased or so sold in
each month for use in the production of other goods; and
(c) the quantity of each kind of fruit so purchased or so sold in
each month for purposes other than for use in the production of fruit
juice or other goods.
Penalty: $200.
(2) A grower shall keep records showing the quantity of each kind of fruit
sold by him by retail sale, or used by him in the production of fruit juice or
other goods, in each year.
Penalty: $200.
APPLE AND PEAR LEVY COLLECTION REGULATIONS - REG 12
Form of warrant for authorized person to enter premises
12. The form of warrant for the purposes of section 10 of the Act is the
form in Schedule 2.
APPLE AND PEAR LEVY COLLECTION REGULATIONS - SCHEDULE 1
SCH
SCHEDULE 1
Regulation
8
COMMONWEALTH OF AUSTRALIA
APPLE AND PEAR LEVY COLLECTION REGULATIONS
APPOINTMENT OF AUTHORIZED AGENT
To the Secretary to the Department of Primary Industry.
I, ,
hereby
(full name and address)
appoint-
(full name, address and occupation)
to be my authorized agent for the purpose of signing on my behalf any
declaration contained in a return referred to in sub-regulation 5 (1) or 6
(1)
of the Apple and Pear Levy Collection Regulations required to be furnished by
me.
Dated at this day of 19 .
(Signature of person appointing authorized agent or, where the person is a
company, the signature of a director or the secretary of the company and his
designation)
Dated at this day of 19 .
(Signature of authorized agent)
APPLE AND PEAR LEVY COLLECTION REGULATIONS - SCHEDULE 2
SCH
SCHEDULE 2
Regulation
12
APPLE AND PEAR LEVY COLLECTION ACT 1976
WARRANT UNDER SECTION 10
To: (full name) , an authorized person for the purposes of section
10 of the Apple and Pear Levy Collection Act 1976.
WHEREAS, on an application under sub-section 10 (2) of that Act in relation
to
premises
at
I, (full name) , a Justice of the Peace, am satisfied, by
information on oath (or
affirmation)-
*(a) that there is reasonable ground for believing that there is on those
premises fruit on which levy imposed by the Apple and Pear Levy Act
1976
is, or may become, payable; and
*(a) that there is reasonable ground for believing that there are
on those
premises books, documents or papers relating to fruit on which levy
imposed by
the Apple and Pear Levy Act 1976 is, or may become, payable; and
(b) that the issue of a warrant is reasonably required for the
purposes of
the Apple and Pear Levy Collection Act 1976:
YOU ARE HEREBY AUTHORIZED, with such assistance as you think
necessary, to
enter the premises at
,
during the hours of (or at any time),
if necessary by force, for the purpose of exercising the functions of an
authorized person under section 10 of the Apple and Pear Levy Collection Act
1976.
Dated this day of 19 .
Justice of the
Peace
* Omit whichever is inapplicable
|