Dried Vine Fruits Equalization Levy Act 1978 (Cth)

DRIED VINE FRUITS EQUALIZATION LEVY ACT 1978
- Reprinted as at 31 May 1994 (#DATE 31:05:1994)

*1* The Dried Vine Fruits Equalization Levy Act 1978 as shown in this reprint comprises Act No. 194, 1978 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 Vine Fruits Equalization Levy Act 1978 194, 1978 6 Dec 1978 1 Jan 1979 Dried Vine Fruits Equalization Levy Amendment Act 1985 32, 1985 22 May 1985 19 June 1985 - Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 26, 1991 1 Mar 1991 1 July 1991 S. 5 (see s. 2) Dried Vine Fruits Legislation Amendment Act 1991 45, 1991 10 Apr 1991 Ss. 1 and 2: - Royal Assent Remainder: 1 Jan 1991 Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 3 rep.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 rs. No. 26, 1991 S. 5 am. No. 45, 1991 S. 6 am. No. 32, 1985 S. 8A ad. No. 26, 1991

DRIED VINE FRUITS EQUALIZATION LEVY ACT 1978 - LONG TITLE 
SECT

    An Act to impose a levy upon certain dried vine fruits
   for the purposes of an equalization scheme in respect of
         the proceeds of sales of dried vine fruits

DRIED VINE FRUITS EQUALIZATION LEVY ACT 1978 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Dried Vine Fruits Equalization Levy Act
1978. *1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

DRIED VINE FRUITS EQUALIZATION LEVY ACT 1978 - SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on 1 January 1979.

DRIED VINE FRUITS EQUALIZATION LEVY ACT 1978 - SECT 4 
Interpretation 
SECT

  4. (1) In this Act, unless the contrary intention appears:
  "authorised person" means a person who is an authorised person for the
purposes of this Act because of an appointment made by the Minister under
section 8A;
  "levy" means levy imposed by this Act.
  (2) 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.

DRIED VINE FRUITS EQUALIZATION LEVY ACT 1978 - SECT 5 
Imposition of levy 
SECT

  5. (1) Subject to this Act, levy is imposed on dried fruit produced in
Australia on or after 1 January 1979 but before 1 January 1991.
  (2) Where an authorized person is satisfied, in respect of any dried fruit,
that the dried fruit:
  (a) has not been supplied by one person to another as packed dried fruit for
human consumption and:
    (i) has been destroyed;
    (ii) has been used otherwise than for human consumption as
dried fruit;
    (iii) is not suitable, or capable of being made suitable,
to be so supplied; or
    (iv) has been, or is to be, used by the producer for his
own domestic requirements; or
  (b) has been exported from Australia;
the authorized person shall issue a certificate accordingly and, thereupon,
subsection (1) shall be deemed not to have applied in respect of that dried
fruit.

DRIED VINE FRUITS EQUALIZATION LEVY ACT 1978 - SECT 6 
Rate of levy 
SECT

  6. (1) The regulations may, at any time during a season, fix a rate of levy
in respect of dried fruit of a specified kind produced during that season.
  (2) The rate of levy fixed by the regulations referred to in subsection (1)
in respect of dried fruit of a specified kind produced during a season, being
a season commencing on or after 1 January 1986, shall be a rate that the
Minister considers, after consultation with the Corporation to ascertain its
estimate of:
  (a) the amount per tonne that is likely to be the average export return for
dried fruit of that kind produced during that season;
  (b) the volume of dried fruit of that kind that is likely to be produced
during that season; and
  (c) the proportion of that volume that is likely to be exported and the
proportion of that volume that is likely to be used for human consumption in
Australia;
will be such that it is unlikely that the amount specified in the rate of
equalization payments in respect of dried fruit of that kind produced in that
season will exceed the amount that is the prescribed percentage for fruit of
that kind for that season of the amount specified in the average export return
for dried fruit of that kind produced in that season.
  (3) For the purposes of subsection (2), the prescribed percentage for
currants for a season is:
  (a) in the case of the season commencing on 1 January 1986 - 40.4%;
  (b) in the case of the season commencing on 1 January 1987 - 34.1%;
  (c) in the case of the season commencing on 1 January 1988 - 27.8%;
  (d) in the case of the season commencing on 1 January 1989 - 21.5%; and
  (e) in the case of a later season - 15%.
  (4) For the purposes of subsection (2), the prescribed percentage for
sultanas for a season is:
  (a) in the case of the season commencing on 1 January 1986 - 32.4%;
  (b) in the case of the season commencing on 1 January 1987 - 28%;
  (c) in the case of the season commencing on 1 January 1988 - 23.6%;
  (d) in the case of the season commencing on 1 January 1989 - 19.2%; and
  (e) in the case of a later season - 15%.
  (5) For the purposes of subsection (2), the prescribed percentage for
raisins for a season is:
  (a) in the case of the season commencing on 1 January 1986 - 79.4%;
  (b) in the case of the season commencing on 1 January 1987 - 63.3%;
  (c) in the case of the season commencing on 1 January 1988 - 47.2%;
  (d) in the case of the season commencing on 1 January 1989 - 31.1%; and
  (e) in the case of a later season - 15%.

DRIED VINE FRUITS EQUALIZATION LEVY ACT 1978 - SECT 7 
By whom levy payable 
SECT

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

DRIED VINE FRUITS EQUALIZATION LEVY ACT 1978 - SECT 8 
Exemptions from levy 
SECT

  8. (1) Where the Minister, after consultation with the Corporation, is
satisfied that the quantity of dried fruit of a particular kind produced
during a season (excluding dried fruit of that kind that is exempt from levy
by virtue of regulations in force under subsection (3)) will not exceed the
minimum quantity, the Minister shall, by notice in the Gazette, exempt from
levy dried fruit of that kind produced during that season.
  (2) In subsection (1), "minimum quantity" means:
  (a) in relation to currants - 4,000 tonnes;
  (b) in relation to sultanas - 20,000 tonnes; and
  (c) in relation to raisins - 3,000 tonnes.
  (3) The regulations may exempt from levy dried fruit of a specified class.

DRIED VINE FRUITS EQUALIZATION LEVY ACT 1978 - SECT 8A 
Appointment of authorised persons 
SECT

  8A. The Minister may, by writing signed by the Minister, appoint a person to
be an authorised person for the purposes of this Act.

DRIED VINE FRUITS EQUALIZATION LEVY ACT 1978 - SECT 9 
Regulations 
SECT

  9. (1) The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
  (2) The Corporation may make recommendations to the Minister with respect to
regulations to be made for the purposes of section 6 or 8.
  (3) Before making regulations for the purposes of a provision referred to in
subsection (2), the Governor-General shall take into consideration any
relevant recommendation made by the Corporation under that subsection.