Dried Fruits Levy Act 1971 (Cth)

DRIED FRUITS LEVY ACT 1971
- Updated as at 31 March 1993 (#DATE 31:03:1993)

*1* The Dried Fruits Levy Act 1971as shown in this reprint comprises Act No.19, 1971 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 Dried Fruits Levy Act 1971 19, 1971 27 Apr 1971 27 Apr 1971 Dried Fruits Levy Act 1975 72, 1975 19 June 1975 19 June 1975 S. 4 Dried Fruits Levy Amendment Act 1984 29, 1984 18 May 1984 18 May 1984 Ss. 3 (2) and 4 (2) Rural Industries Research (Transitional Provisions and Consequential Amendments) Act 1985 103, 1985 3 Oct 1985 3 Oct 1985 Ss. 2 (2) and 4-10 Dried Fruits Levy Amendment Act 1986 22, 1986 13 May 1986 13 May 1986 - Primary Industries and Energy Research and Development Act 1989 17, 1990 17 Jan 1990 Ss. 9, 26 (2), 31 (2), 36 (2), 39 (2), Part 3 (ss. 92-121), s. 156 and Schedule 1: 1 July 1990 Remainder: Royal Assent - Dried Fruits Levy Amendment Act 1990 74, 1990 18 Oct 1990 18 Oct 1990 - 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Act 1991 26, 1991 1 Mar 1991 1 July 1991 (see s. 2) S. 5 Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 3 rep.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. 29, 1984; No. 103, 1985; No. 17, 1990; No. 26, 1991 S. 5 am. No. 26, 1991 S. 6 am. No. 72, 1975; No. 29, 1984; No. 103, 1985; No. 22, 1986; Nos. 17 and 74, 1990; No. 26, 1991 S. 7 rs. No. 26, 1991

DRIED FRUITS LEVY ACT 1971 - LONG TITLE 
SECT

           An Act to impose a Levy upon certain Dried Fruits

DRIED FRUITS LEVY ACT 1971 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Dried Fruits Levy Act 1971.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

DRIED FRUITS LEVY ACT 1971 - SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

DRIED FRUITS LEVY ACT 1971 - SECT 4 
Interpretation 
SECT

  4.*2* (1) In this Act, unless the contrary intention appears:
  "dried fruits" means dried vine fruits or dried tree fruits;
  "dried tree fruits" means dried apricots, dried pears, dried peaches, dried
nectarines or dried plums;
  "dried vine fruits" means dried currant grapes, dried sultana grapes or
dried raisin grapes;
  "levy" means an amount of the levy;
  "R & D authority" means:
  (a) where the levy is not attached to an R & D Corporation or R & D Fund
under section 5 of the Primary Industries and Energy Research and Development
Act 1989 - the Dried Fruits Research Council established under subsection 11
(1) of the Rural Industries Research Act 1985; or
  (b) where the levy is attached to an R & D Corporation under section 5 of
the Primary Industries and Energy Research and Development Act 1989 - the R &
D Corporation; or
  (c) where the levy is attached to an R & D Fund under section 5 of that Act
- the R & D Council in respect of which the R & D Fund is established under
that Act;
  "R & D Corporation" has the same meaning as in the Primary Industries and
Energy Research and Development Act 1989;
  "R & D Council" has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989;
  "R & D Fund" has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989;
  "season" means the period of twelve months that commenced on the first day
of January, One thousand nine hundred and seventy-one, and each succeeding
period of twelve months and, when used in relation to dried fruits, means the
season in which the dried fruits were harvested;
  "the levy" means the levy imposed by this Act.
  (2) For the purposes of this Act, dried fruits shall be taken to have been
received for processing:
  (a) in the case of dried fruits that were produced from fresh fruits outside
a packing house - upon the dried fruits first entering a packing house from
outside the packing house; or
  (b) in the case of dried fruits that were produced from fresh fruits in a
packing house - as soon as the dried fruits were so produced.
  (3) 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 1991 for the purposes
of that Act has the same meaning in this Act as in the Primary Industries
Levies and Charges Collection Act 1991.
*2* Section 4 (2) - Section 3 (b) of the Primary Industries Levies and Charges
Collection (Consequential Provisions) Act 1991 provides as follows:
  "Subsection 4 (2):
  (b) Omit packing house, substitute processing establishment."
The proposed amendment was misdescribed and is not incorporated in this
reprint.

DRIED FRUITS LEVY ACT 1971 - SECT 5 
Imposition of levy 
SECT

  5. A levy is imposed on dried fruits of a season received for processing.

DRIED FRUITS LEVY ACT 1971 - SECT 6 
Rate of Levy 
SECT

  6. (1) The rate of the levy shall not exceed:
  (a) in the case of dried vine fruits - $10.00 per tonne; or
  (b) in the case of dried tree fruits - $30.00 per tonne.
  (2) Subject to the last preceding subsection, the regulations may fix an
amount per tonne as the rate of the levy in respect of a specified kind of
dried fruits.
  (3) Before making any regulations for the purposes of the last preceding
subsection, the Governor-General shall take into consideration any relevant
recommendation with respect to a rate of levy made to the Minister by the R &
D authority.
  (4) For the purposes of the calculation of levy, the weight of any dried
fruits is their weight at the time when they were received for processing.

DRIED FRUITS LEVY ACT 1971 - SECT 7 
By whom levy payable 
SECT

  7. Levy in respect of dried fruits is payable by the producer.

DRIED FRUITS LEVY ACT 1971 - SECT 8 
Regulations 
SECT

  8. The Governor-General may make regulations for the purposes of section 6
of this Act.