Statutory Rules
1983 No. 251
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Cotton Research
Regulations
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, hereby make the following Regulations under the Cotton Research Act 1982.
Dated
23 February 1983.
N. M. STEPHEN
Governor-General
By
His Excellency’s Command,
PETER NIXON
Minister of State for
Primary Industry
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Citation
1. These Regulations may
be cited as the Cotton Research Regulations.
Commencement
2. These Regulations shall
come into operation on 1 March 1983.
Interpretation
3. In these Regulations,
unless the contrary intention appears—
“authorized
agent” means a person appointed by a processor under regulation 6 to be an
authorized agent;
“the
Act” means the Cotton Research Act 1982;
“the
Secretary” means the person for the time being occupying, or acting in, the
office the holder of which is, under the Public
Service Act 1922, the Permanent Head of the Department.
Manner
of payment of levy
4. The payment of levy and
other moneys payable to the Commonwealth under the Act in respect of leviable
cotton shall be made to the Collector of Public Moneys at the office of the
Department in Canberra.
Returns
5. (1) A processor of leviable
cotton shall, in respect of each month (in this regulation referred to as the “relevant
month”) in which leviable cotton is produced by the processor, furnish to the
Secretary at the office of the Department in Canberra a return containing the
following information with respect to leviable cotton so produced:
(a)
the full name and address of the processor;
(b)
the relevant month;
(c)
the quantity of leviable cotton produced in the relevant month.
(2) A return referred to in
sub-regulation (1)
(a) shall be signed by the
processor or the authorized agent of the processor; and
(b)
shall be lodged within 28 days after the last day of the month that is the
relevant month for the purposes of that return.
Authorized
Agent
6. (1) A processor who is
required to furnish a return under regulation 5 may, by instrument in writing,
appoint a person to be an authorized agent for the purpose of signing such
returns.
(2) An instrument referred
to in sub-regulation (1)-
(a)
shall be in accordance with the form in Schedule 1; and
(b)
shall be lodged at the office of the Department in Canberra.
Execution
of documents by a company, co-operative society, board or authority
7. Where a return
referred to in regulation 5 or an instrument referred to in regulation 6 is to
be signed by a processor and the processor is a company, co-operative society,
board or authority, the return or instrument may be signed by a director or the
secretary of the company, co-operative society, board or authority, as the case
may be.
Record
to be kept
8. (1) A processor of leviable cotton shall keep, or cause to be kept,
a record in respect of leviable cotton produced by the processor in each month.
(2) A record kept under
sub-regulation (1) shall be retained by the processor for a period of 3 years
from the date on which leviable cotton to which that record relates was so
produced.
Penalty:
$200.
Form
of warrant
9. A warrant granted under
section 26 of the Act shall be in accordance with the form in Schedule 2.
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SCHEDULE
1
Regulation
6
COMMONWEALTH OF AUSTRALIA
Cotton
Research Act 1982
APPOINTMENT OF AUTHORIZED AGENT
To the Secretary
to the Department of (name of relevant
Department)
I (full name and address of signatory and,
where the person required to furnish the return is not a natural person, the
designation of the signatory)
*acting for and
on behalf of (name of company,
co-operative society, hoard or authority), hereby appoint (full name,
address and occupation of authorized agent),a specimen of whose signature appears below, to be *my authorized
agent/*the authorized agent of (name of
company, co-operative society, hoard or authority)for the purposes of signing a return prepared for the purposes of
regulation 5 of the Cotton Research Regulations.
Dated 19 .
(Signature)
Dated 19 .
(Signature of authorized agent)
*Omit
if inapplicable
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SCHEDULE
2 Regulation
9
COMMONWEALTH OF AUSTRALIA
Cotton
Research Act 1982
WARRANT UNDER SECTION 26
To:
(full name) ,
an authorized person
for the purposes
of section 26 of the Cotton Research Act
1982.
WHEREAS, on an
application by you under sub-section 26 (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
* those premises
are premises on which leviable cotton is produced, stored or processed
* there are on
those premises books, documents or papers relating to financial dealings
between growers and processors of leviable cotton
* there are on
those premises books, documents or papers relating to the production, storage,
processing, sale, purchase or export of leviable cotton
; and
(b) that the
issue of a warrant under sub-section 26 (3) of that Act in relation to those
premises is reasonably required for the purposes of that Act:
YOU ARE HEREBY
AUTHORIZED, with such assistance as you think necessary, to enter the premises
at
if necessary by
force, during the hours of (or at any time), for the purpose of
exercising
the powers of an
authorized person under sub-section 26 (5) of the Cotton Research Act 1982.
THIS WARRANT
ceases to have effect after (insert date).
Dated 19 .
Justice of the Peace
*
Omit if inapplicable
NOTE
1.
Notified in the Commonwealth of Australia
Gazette