Dried Fruits Research and Development Regulations (Cth)

Dried Fruits Research and Development Regulations

Statutory Rules 1991 No. 331 as amended

made under the

Primary Industries and Energy Research and Development Act 1989

This compilation was prepared on 1 July 2001

[Note:

This Statutory Rule was repealed by SR 2001 No. 150]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

• •
• •
• •
• •
• •
• •

    1Citation [see Note 1]

 These Regulations may be cited as the Dried Fruits Research and Development Regulations.

2Commencement

 These Regulations commence on 1 January 1992.

3Interpretation

 In these Regulations, unless the contrary intention appears:

Act means the Primary Industries and Energy Research and Development Act 1989.

dried fruits mean dried apricots, dried currants, dried nectarines, dried peaches, dried pears, dried plums, dried raisins or dried sultanas.

dried fruit industry means the industry in Australia concerned with production, processing, distribution and sale, including sale overseas, of dried fruits.

levy means the levy imposed by section 5 of the Dried Fruits Levy Act 1971.

R & D Council means the Dried Fruits Research and Development Council established under regulation 4.

4Dried Fruits Research and Development Council

For the purposes of section 92 of the Act, the Dried Fruits Research and Development Council, is declared to be established in respect of the dried fruit industry.

5Dried Fruits Research and Development Fund

The Research and Development Fund established under section 107 of the Act in respect of the R & D Council is to be known as the Dried Fruits Research and Development Fund.

6Levy attached to Dried Fruits Research and Development Fund

• (1)

  For the purposes of subsection 5 (1) of the Act, the levy is declared to be attached to the Dried Fruits Research and Development Fund.

• (2)

  For the purposes of paragraph 5 (3) (a) of the Act, the whole levy is declared to be the research component of the levy.

• (3)

  For the purposes of paragraph 5 (3) (b) of the Act, the levy relates to the dried fruit industry.

7Gross value of production of dried fruits

• (1)

  Under subsection 110 (2) of the Act, the Minister is to determine the gross value of the production of dried fruits for a financial year in accordance with the formula:

gross value of  dried fruits  = production in the year	estimated value of  dried fruits to be + produced in the year	value of dried fruits production in the 2 financial years immediately before the year
	3

• (2)

  A reference to the value of dried fruits produced or to be produced in a financial year is a reference to the figures supplied by the Australian Bureau of Agricultural and Resource Economics that show:

  • (a)

    the gross value of dried fruits produced; or

  • (b)

    the estimated gross value of dried fruits to be produced;

   by the dried fruit industry in that financial year.

Notes to the Dried Fruits Research and Development Regulations

Note 1

The Dried Fruits Research and Development Regulations (in force under the Primary Industries and Energy Research and Development Act 1989) as shown in this compilation comprise Statutory Rules 1991 No. 331 amended as indicated in the tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1991 No. 331	29 October 1991	1 Jan 1992
2001 No. 150	29 June 2001	1 July 2001	Rr. 4 and 5

Table AApplication, saving or transitional provisions

Statutory Rules 2001 No. 150

4Transitional provision — amounts to be paid to industry services body

• (1)

  In this regulation:

  Fund means the Dried Fruit Research and Development Fund mentioned in regulation 5 of the Dried Fruits Research and Development Regulations.

  industry services body has the meaning given in the Horticulture Marketing and Research and Development Services Act 2000.

  levy means levy imposed on dried fruit, and attached to the Fund under subsection 5 (1) of the PIERD Act, before 1 July 2001.

  PIERD Act means the Primary Industries and Energy Research and Development Act 1989.

• (2)

  The following amounts must be paid to the industry services body:

  • (a)

    the amounts of levy not collected before 1 July 2001;

  • (b)

    the amounts of levy collected but not paid into the Fund before 1 July 2001;

  • (c)

    the amounts of levy collected and paid into the Fund before 1 July 2001 (and not expended in accordance with section 112 of the PIERD Act);

  • (d)

    the amounts of penalty for non-payment of the levy mentioned in paragraph (a), (b) or (c);

  • (e)

    the amounts paid into the Fund under paragraph 108 (1) (b) of the PIERD Act before 1 July 2001 (and not expended in accordance with section 112 of the PIERD Act).

5Final annual report of the Dried Fruit Research and Development Council

 Despite regulation 3, the Dried Fruits Research and Development Council:

• (a)

  continues in existence for the purpose of preparing and giving to the Minister its annual report for the financial year ending on 30 June 2001, in accordance with section 105 of the PIERD Act; and

• (b)

  ceases to exist after the report is given.