Bounty (Berry
Fruits) Act 1982
No.
132 of 1982
TABLE
OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Uniformity
5. Specification of bounty
6. Amount of bounty
7. Bounty not payable in respect of certain
fruit
8. Good quality essential
9. Processors to furnish returns
10. Processors to keep accounts, books, &c.
11. Authorization of processor as producer’s
agent
12. Claims lodged with Comptroller-General
13. Registration of premises
14. Accounts, &c.
15. Securities
16. Appointment of authorized officers
17. Stock-taking and inspection of production
and accounts, &c.
18. Power to require person to answer questions
and produce documents
19. Power to examine on oath, &c.
20. Offences
21. Return for Parliament
22. Delegation
23. Applications for review
24. Statement to accompany notification of
decisions
25. Appropriation
26. Transitional
27. Regulations
Bounty (Berry
Fruits) Act 1982
No.
132 of 1982
An
Act to provide for the payment of bounty on the production of certain berry
fruits
[Assented to 14 December 1982]
BE
IT ENACTED by the Queen, and the Senate and the House of Representatives of the
Commonwealth of Australia, as follows:
Short
title
1. This Act may be cited
as the Bounty (Berry Fruits) Act 1982.
Commencement
2. This Act shall be
deemed to have come into operation on 1 July 1982.
Interpretation
3. (1) In this Act, unless the contrary intention appears—
“authorized
officer” means an officer who is an authorized officer for the purposes of this
Act by virtue of an appointment under section 16;
“bountiable
fruit” means fresh fruit, being—
(a)
bilberries;
(b)
blackcurrants;
(c)
blackberries;
(d)
blueberries;
(e)
boysenberries;
(f)
cranberries;
(g)
elderberries;
(h)
gooseberries other than Chinese gooseberries;
(j)
loganberries;
(k)
mulberries;
(m)
myrtleberries;
(n)
raspberries;
(p)
redcurrants;
(q)
rowanberries;
(r)
strawberries;
(s)
whitecurrants;
(t)
youngberries; or
(u)
any other kind of soft edible stoneless berry fruit other than—
(i)
figs;
(ii)
grapes;
(iii)
jackfruit;
(iv)
jujubes;
(v)
juniper berries;
(vi)
lychees; or
(vii)
rose hips,
that the
Minister, by notice published in the Gazette,
declares to be fruit to which this Act applies;
“bounty”
means bounty under this Act;
“bounty
period” means the period commencing on 1 July 1982 and ending on 30 June 1987
or on such later date as is fixed by the Minister, by notice published in the Gazette before 30 June 1987, as the date
after which bounty is not to become payable under this Act;
“Collector”
has the same meaning as in the Customs
Act 1901;
“Comptroller-General”
means the Comptroller-General of Customs;
“fresh
fruit” includes fruit that has been chilled but does not include fruit that has
been frozen;
“processing”,
in relation to fresh fruit, means processing—
(a)
that consists of, or includes—
(i)
freezing, cooking, pulping or juicing fruit; or
(ii)
doing any other act or thing to fruit the doing of which so changes the nature
of fruit that it cannot be re-constituted or used as fresh fruit (other than
de-stalking fruit), being an act or thing that the Minister, by notice
published in the Gazette, declares to
be
an act or thing to which this sub-paragraph applies; and
(b)
that involves the use of a significant amount of commercial equipment;
“processor”,
in relation to bountiable fruit, means a person who in the course of carrying
on the business in Australia of processing bountiable fruit, completes the
carrying out of the first or only process to which the bountiable fruit is
subject;
“producer”,
in relation to fruit, means the person who owns the fruit immediately before it
is picked or harvested and, for the purposes of this definition, a person who
has rights in the nature of an equity of redemption in respect of fruit the
subject of a mortgage or other security shall be deemed to be the owner of the
fruit;
“registered
premises” means premises registered by the Minister under section 13.
(2) Where a person is both
the producer and the processor of bountiable fruit he shall be deemed, for the
purposes of this Act, to have provided the fruit to himself for processing.
(3) A reference in a
provision of this Act to an approved form is a reference to a form approved, by
instrument in writing, by the Comptroller-General for the purposes of the
provision.
Uniformity
4. A power conferred on
the Minister or the Comptroller-General by this Act shall not be exercised in
such a manner that bounty under this Act would not be uniform throughout the
Commonwealth within the meaning of paragraph 51 (iii) of the Constitution.
Specification
of bounty
5. (1) Bounty is payable in accordance with this Act on the production
in Australia of bountiable fruit.
(2) Bounty in respect of
bountiable fruit is payable to the producer of the bountiable fruit.
(3) A producer of
bountiable fruit is not entitled to receive a payment of bounty in respect of
bountiable fruit unless the Comptroller-General is satisfied that—
(a)
the fruit was produced in the course of carrying on the business in Australia
of cultivating bountiable fruit;
(b)
the fruit was harvested or picked during the bounty period; and
(c)
a processor completed the carrying out of the first or only process to which
the fruit is subject at registered premises during the bounty period.
Amount
of bounty
6. (1) The amount of bounty payable to a producer of bountiable fruit
is $100 per tonne of bountiable fruit provided to the processor of the
bountiable fruit.
(2) For the purposes of
sub-section (1), the weight of bountiable fruit shall be calculated at the time
at which the fruit is received at the premises of the processor.
Bounty
not payable in respect of certain fruit
7. (1) Bounty is not payable in respect of any bountiable fruit
produced by the Commonwealth, a State or an authority of the Commonwealth or of
a State (including an educational or research institution established by the
Commonwealth or a State).
(2) In this section, “State”
includes the Northern Territory.
Good
quality essential
8. Bounty is not payable
in respect of bountiable fruit unless the Comptroller-General is satisfied that
the bountiable fruit is of good and merchantable quality.
Processors
to furnish returns
9. (1) Within 21 days after the end of each month, the processor of
bountiable fruit shall, by notice in writing in accordance with the appropriate
approved form, served either personally or by post on—
(a)
the Collector for the State or Territory in which the fruit is processed; or
(b)
if there is no such Collector—the Comptroller-General, furnish such information
and calculations in relation to the bounty becoming payable in accordance with
this Act in respect of bountiable fruit processed by the processor during that
month as is required by that form to be furnished.
Penalty: $1,000.
(2) A processor of bountiable fruit
shall not—
(a)
refuse or fail to comply with sub-section (1) to the extent that he is capable
of complying with it; or
(b)
in purported compliance with sub-section (1), furnish information that is, or
calculations that are, to his knowledge, false or misleading in a material
particular.
Penalty: $1,000.
(3) Where a processor of
bountiable fruit has duly furnished information and calculations in accordance
with sub-section (1), the Comptroller-General shall, after examining that
information and those calculations and causing such inquiries as he thinks necessary
to be made (including inquiries under section 17 or 18)—
(a)
if he is satisfied that bounty in respect of the bountiable fruit is payable,
approve the payment of the bounty; or
(b)
if he is not so satisfied—refuse to approve payment of the bounty.
(4) Where the
Comptroller-General makes a decision under sub-section (3) approving, or
refusing to approve, payment of bounty to a producer of bountiable fruit, he
shall cause to be served on the producer, and on the processor of the fruit,
either personally or by post, a notice in writing setting out that decision.
Processors
to keep accounts, books, &c.
10. (1) A processor of bountiable fruit shall—
(a)
keep such accounts, books, documents and other records as correctly record and
explain such particulars relating to—
(i)
the provision of bountiable fruit to, and the disposal of bountiable fruit by, the
processor; and
(ii)
the processing of bountiable fruit by the processor, as are prescribed; and
(b)
so keep his accounts, books, documents and other records as to enable the
information and calculations referred to in sub-section 9 (1) to be furnished.
(2) A processor of
bountiable fruit shall retain his accounts, books, documents and other records
kept in accordance with sub-section (1) for at least 2 years after the
processing of the bountiable fruit concerned.
(3) The accounts, books,
documents and other records referred to in sub-section (1) shall be kept in
writing in the English language or in a form in which they are readily
accessible and readily convertible into writing in the English language.
Penalty: $1,000.
Authorization
of processor as producer’s agent
11. A producer of
bountiable fruit may, by notice in writing furnished to the
Comptroller-General, authorize a specified processor of bountiable fruit to act
as his agent for the purpose of receiving bounty on his behalf, and such an
authorization may be given effect to for the purposes of this Act.
Claims
lodged with Comptroller-General
12. (1) A producer of bountiable fruit who claims to be entitled to be
paid an amount of bounty in respect of bountiable fruit may, if he has not
received payment of that amount within the period of 4 months after the date on
which the fruit was alleged to have been picked or harvested, lodge a claim in
accordance with the appropriate approved form within the period of 12 months
after that date with the Comptroller-General for payment to him of the amount.
(2) A claim lodged with the
Comptroller-General under sub-section (1) shall be accompanied by such
information as is required by the approved form to be furnished.
(3) The approved form may
require any information that a person making a claim is required to furnish to
be verified by a statutory declaration.
(4) As soon as is
practicable after receipt of a claim in respect of bountiable fruit, the
Comptroller-General shall, after examining that claim and causing such
inquiries as he thinks necessary to be made (including inquiries under section
17 or 18)—
(a)
if he is satisfied that the claimant is entitled to a payment of bounty in
respect of that fruit under this Act—approve the payment of the bounty; or
(b)
if he is not so satisfied—refuse to approve payment of the bounty.
(5) Where the
Comptroller-General makes a decision under sub-section (4) approving, or
refusing to approve, payment of bounty to a producer of bountiable fruit, he
shall cause to be served on the producer and on the processor of the fruit,
either personally or by post, a notice in writing setting out that decision.
Registration
of premises
13. (1) The regulations may
prescribe conditions to be complied with, for the purposes of this Act, in
connection with the carrying out at registered premises of any processing of
bountiable fruit.
(2) Where a person carries
out, or proposes to carry out, at any premises in Australia any processing of
bountiable fruit, the Minister may—
(a)
of his own motion; or
(b)
upon application to do so being made to him by the person, register those
premises for the purposes of this Act.
(3) If conditions have been
prescribed under sub-section (1), the Minister shall not register the premises
unless he is satisfied that those conditions have been, or will be, complied
with.
(4) The Minister may
require an applicant to furnish such information as the Minister considers
necessary for the purposes of this Act, and may refuse to register the premises
until the information is furnished to his satisfaction, but nothing in this
sub-section limits the powers conferred by section 17 or 18.
(5) The Minister shall not
register premises unless, in his opinion, processing of bountiable fruit is, or
is proposed to be, carried out at the premises.
(6) If the Minister so
determines, the registration shall be deemed to have taken effect on and from
such date, being a date not earlier than 1 July 1982, as is specified by the
Minister.
(7) Where the Minister is
satisfied, in respect of any registered premises—
(a)
that no processing of bountiable fruit is being carried out at the premises;
(b)
that no processing of bountiable fruit is being carried out at the premises by
the person who applied for the registration of the premises; or
(c)
if any conditions have been prescribed under sub-section (1), that processing
of bountiable fruit is being carried out at the premises otherwise than in
accordance with those conditions,
the
Minister may, by notice in writing served either personally or by post on the
occupier of the premises, and, if a person other than the occupier applied for
the registration of the premises, on that person, cancel the registration of
the premises.
(8) For the purpose of the
application of section 29 of the Acts
Interpretation Act 1901 to the service by post of a notice under
sub-section (7) of this section, such a notice posted as a letter addressed to
the occupier, or to the person who applied for the registration of the
premises, at the registered premises shall be deemed to be properly addressed.
Accounts,
&c.
14. A person is not
entitled to bounty unless—
(a)
he keeps such accounts, books, documents and other records as correctly record
and explain—
(i)
such particulars relating to the production or the sale or other disposal
(including provision to a processor) of fruit in respect of which bounty is, or
may become, payable as are specified by the Minister in a notice published in
the Gazette; and
(ii)
such other particulars (if any) in relation to that fruit as are specified by
the Minister by notice in writing served, either personally or by post, on the
person; and
(b)
he retains those accounts, books, documents and other records for at least 2
years after the picking or harvesting of the fruit concerned.
Securities
15. The Minister may by
notice in writing served, either personally or by post, on a person to whom
bounty could become payable, require the person to give security, in an amount
determined by the Minister, by bond, guarantee or cash deposit, or by all or any
of those methods, for compliance by him with the provisions of this Act and the
regulations, and where a person is so required to give security, he is not
entitled to bounty unless he gives security in accordance with the requirement.
Appointment
of authorized officers
16. (1) The Minister may, by writing signed by him, appoint—
(a)
a specified officer;
(b)
the officer for the time being holding, or performing the duties of, a
specified office; or
(c)
officers included in a specified class of officers,
to
be an authorized officer, or authorized officers, for the purposes of this Act.
(2) In this section, “officer”
means an officer of the Department of Industry and Commerce.
Stock-taking
and inspection of production and accounts, &c.
17. (1) For the purposes of this Act, an authorized officer may, at all
reasonable times, enter—
(a)
registered premises;
(b)
premises where there is bountiable fruit (including fruit that has been
processed or fruit that has not been picked or harvested) in respect of which
bounty is payable, or, in the opinion of the authorized officer, is likely to
become payable; or
(c)
premises where there are kept any accounts, books, documents or other records
relating to the production, sale or other disposal (including provision to a
processor), or processing or other use, of bountiable fruit (including fruit
that has been processed),
and
may—
(d)
inspect or take stock of any bountiable fruit (including fruit that has been
processed);
(e)
inspect any processing of any bountiable fruit; and
(f)
inspect the accounts, books, documents or other records relating to the
production, sale or other disposal (including provision to a processor), or
processing or other use, of bountiable fruit (including fruit that has been
processed),
and
may make and retain copies of, or take and retain extracts from, any such
accounts, books, documents or other records.
(2) The occupier or person
in charge of registered premises, or of premises referred to in paragraph (1)
(b) or (c), shall provide the authorized officer with all reasonable facilities
and assistance for the effective exercise of his powers under this section.
Penalty: $1,000.
Power
to require person to answer questions and produce documents
18. (1) A Collector or an authorized officer may, by notice signed by
him, require a person whom he believes to be capable of giving information
relevant to the operation of this Act in relation to the production, sale or
other disposal (including provision to a processor), or processing or other use
of bountiable fruit to attend before him at a time and place specified in the
notice and there to answer questions and to produce to him such accounts,
books, documents and other records in relation to the production, sale or other
disposal (including provision to a processor), or processing or other use of
bountiable fruits as are referred to in the notice.
(2) A Collector or an
authorized officer may make copies of, or take extracts from, any accounts,
books, documents or other records produced in pursuance of this section.
(3) A person is not excused
from answering a question or producing any accounts, books, documents or other
records when required so to do under this section on the ground that the answer
to the question, or the production of the accounts, books, documents or other
records, might tend to incriminate him or make him liable to a penalty, but his
answer to any such question or the production by him of any such account, book,
document or other record is not admissible in evidence against him in
proceedings other than proceedings for an offence against paragraph 20 (1) (c)
or sub-section 20 (3).
(4) Where a producer of
bountiable fruits, or a person employed by a producer, has failed to attend or
to answer a question, or to produce any account, book, document or other
record, when required so to do under this section, bounty is not payable to the
producer, unless the Minister otherwise directs, until the producer or that
person has attended, answered the question or produced the account, book,
document or other record, as the case may be.
Power
to examine on oath, &c.
19. (1) A Collector or an authorized officer may examine, on oath or
affirmation, a person attending before him in pursuance of section 18 and, for
that purpose, may administer an oath or affirmation to that person.
(2) The oath or affirmation
to be made by a person for the purposes of sub-section (1) is an oath or
affirmation that the answers he will give to questions asked him will be true.
Offences
20. (1) A person shall not, without reasonable excuse, refuse or fail—
(a)
to attend before a Collector or an authorized officer;
(b)
to take an oath or make an affirmation; or
(c)
to answer a question or produce an account, book, document or other record,
when
so required in pursuance of this Act. Penalty: $1,000.
(2) A person shall not
knowingly obtain or attempt to obtain bounty that is not payable.
Penalty: $2,000 or imprisonment for
12 months, or both.
(3) A person shall not, for
the purposes of, or in connection with, this Act, make a statement, either
orally or in writing, that is to his knowledge false or misleading in a
material particular.
Penalty: $1,000.
(4) Where a person is
convicted of an offence against sub-section (2) or (3), the court may, in
addition to imposing a penalty under that sub-section, order the person to
refund to the Commonwealth the amount of any bounty wrongfully obtained by him.
(5) Where a court has made
an order under sub-section (4), a certificate signed by the appropriate officer
of the court specifying the amount ordered to be refunded and the person by
whom the amount is payable may be filed in a court having civil jurisdiction to
the extent of that amount and is thereupon enforceable in all respects as a
final judgment of that court.