Dried Vine Fruits Equalization Regulations (Cth)

Dried Vine Fruits Equalization Regulations

Statutory Rules 1982 No. 70 as amended

made under the

Dried Vine Fruits Equalization Act 1978

This compilation was prepared on 19 February 2001

taking into account amendments up to SR 1991 No. 236

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

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1Citation[see Note 1]

 These Regulations may be cited as the Dried Vine Fruits Equalization Regulations.

2Interpretation

• (1)

  In these Regulations, unless the contrary intention appears:

  authorized agent means a person appointed under regulation 6 to be an authorized agent.

  exporter has the same meaning as in section 18 of the Act.

  packer means the packer of any packed dried fruit.

  Secretary means the Secretary to the Department of Primary Industry.

  the Act means the Dried Vine Fruits Equalization Act 1978.

• (2)

  In these Regulations, unless the contrary intention appears, a reference to dried fruit does not include a reference to dried fruit that is, by virtue of section 8 of the Levy Act, exempt from levy.

3Manner of payment of levy

 Payment of levy shall be made to the Collector of Public Moneys at the office of the Department of Primary Industry in Canberra in the Australian Capital Territory.

3ATime for payment of levy

 For the purposes of paragraph (a) of the definition of prescribed period in subsection 10 (2) of the Act:

• (a)

  in relation to dried fruit of the following class, namely sultanas produced during the season that commenced on

  1 January 1982, the period is the period of 10 months that commenced on 1 January 1983;

• (b)

  in relation to dried fruit of the following class, namely raisins produced during the season that commenced on

  1 January 1982, the period is the period of 12 months that commenced on 1 January 1983;

• (c)

  in relation to dried fruit of the following class, namely currants produced during the season that commenced on 1 January 1983, the period is the period of 3 months that commenced on 1 January 1984;

• (d)

  in relation to dried fruit of the following class, namely raisins and sultanas produced during the season that commenced on 1 January 1983, the period is the period of 9 months that commenced on 1 January 1984;

• (e)

  in relation to dried fruit of the following class, namely sultanas produced during the season that commenced on 1 January 1984, the period is the period of 8 months that commenced on 1 January 1985; and

• (f)

  in relation to dried fruit of the following class, namely raisins produced during the season that commenced on 1 January 1987, the period is the period of 15 months that commenced on 1 January 1988; and

• (g)

  in relation to dried fruit of the following class, namely raisins produced during the season that commenced on 1 January 1990, the period is the period of 9 months that commenced on 1 January 1991.

4Monthly returns

• (1)

  Where a packer:

  • (a)

    had in his custody dried fruit on which levy is imposed; and

  • (b)

    had ceased to have that dried fruit in his custody;

   in any month before the expiration of the period that is, for the purposes of section 10 of the Act, the prescribed period in relation to that dried fruit, that packer shall, before the fifteenth day after the last day of the month immediately following the month in which the dried fruit ceased to be in his custody, furnish to the Secretary a return in respect of each kind of dried fruit to which a separate account relates.

• (2)

  A return referred to in subregulation (1) shall contain:

  • (a)

    a statement of the full name and address of the packer furnishing the return, or on whose behalf the return is furnished, as the case may be;

  • (b)

    a statement, signed by the packer furnishing the return or his authorized agent, that the information furnished in the return is correct in every particular; and

  • (c)

    particulars of:

    • (i)

      the kind of dried fruit to which the return relates;

    • (ii)

      the month in which dried fruit of that kind ceased to be in the custody of the packer;

    • (iii)

      the quantity of that kind of dried fruit that ceased to be in the custody of the packer in the month referred to in subparagraph (ii);

    • (iv)

      with respect to the dried fruit referred to in subparagraph (iii), the season in which it was produced;

    • (v)

      the total amount of levy payable in respect of the kind of dried fruit referred to in subparagraph (i) that ceased to be in the custody of the packer in the month referred to in subparagraph (ii).

5Returns to be furnished after end of period prescribed for purposes of section 10 of the Act

• (1)

  Where dried fruit on which levy is imposed remains in the custody of a packer at the expiration of the period that is, for the purposes of section 10 of the Act, the prescribed period, that packer shall, before the fifteenth day after the last day of that prescribed period, furnish to the Secretary a return in respect of each kind of dried fruit to which a separate account relates.

• (2)

  A return referred to in subregulation (1) shall contain:

  • (a)

    a statement of the full name and address of the person furnishing the return, or on whose behalf the return is furnished, as the case may be;

  • (b)

    a statement, signed by the person furnishing the return or his authorized agent, that the information furnished in the return is correct in every particular; and

  • (c)

    particulars of:

    • (i)

      the kind of dried fruit to which the return relates;

    • (ii)

      the quantity of that kind of dried fruit that remained in the custody of the packer at the expiration of that prescribed period;

    • (iii)

      with respect to the dried fruit referred to in subparagraph (ii), the season in which it was produced; and

    • (iv)

      in respect of the kind of dried fruit referred to in subparagraph (i), the total amount of levy payable in respect of that kind of dried fruit that remained in his custody at the expiration of that period.

• (3)

  Where no dried fruit on which levy is imposed remained in the custody of a packer at the expiration of the prescribed period referred to in subregulation (1), the packer shall, before the fifteenth day after the last day of that prescribed period, furnish a return to that effect, signed by him or his authorized agent, to the Secretary.

6Authorised agent for levy purposes

• (1)

  Subject to this regulation, a packer who is required to furnish a return under regulation 4 or 5 may, by instrument in writing signed by him, appoint a person to be his authorized agent for the purposes of signing, on his behalf, such a return, or a statement contained in such a return.

• (2)

  An instrument referred to in subregulation (1) shall be substantially in accordance with Form 1 in the Schedule.

• (3)

  A person shall not be recognised as the agent of another for the purposes referred to in subregulation (1), unless the instrument referred to in that subregulation is furnished to the Secretary in accordance with subregulation 13 (1).

10Payment of proceeds

 Where an exporter is required, under paragraph 18 (2) (b) of the Act, to pay an amount to the Corporation, he shall pay that amount to the Corporation by forwarding it to the General Manager of the Corporation.

11Payments by Corporation

 Where:

• (a)

  the Corporation is required, in pursuance of paragraph

  18 (2) (c) or Part V of the Act, to pay an amount to a person; and

• (b)

  the person has requested, in writing, that that amount, or that any such amounts that are payable to him, be paid to his agent;

 the Corporation shall pay that amount to that agent.

12Equalization payments may be withheld

 Where in relation to any dried fruit produced by a producer, a provision of these Regulations has not been complied with, any equalization payment that would, but for the operation of this provision, have been payable to that producer, or to a packer for payment to that producer, in relation to that dried fruit shall be withheld until there has been compliance with that provision.

13Lodging of returns and statements

• (1)

  A return or statement referred to in regulation 4 or 5, or an instrument referred to in regulation 6, shall be furnished to the Secretary by lodging it at the office of the Department of Primary Industry in Canberra in the Australian Capital Territory.

14Execution of documents by companies

• (1)

  Where these Regulations provide that a statement or instrument of appointment shall be signed by a person and that person is a company, the statement or instrument of appointment may be signed on behalf of the company by a director or the secretary of the company.

• (2)

  In subregulation (1), a reference to a company shall be read as including a reference to a co-operative society incorporated under a law of a State or Territory.

15Records to be kept

 A packer shall keep proper records showing, in respect of each month and season:

• (a)

  the quantity of each kind of fruit received by him;

• (b)

  the quantity of each kind of dried fruit packed by him;

• (c)

  the quantity of each kind of exported dried fruit supplied by him to a person as packed dried fruit for human consumption, being dried fruit that ceased to be in the custody of that packer during that month;

• (d)

  the quantity of each kind of dried fruit, other than exported dried fruit, supplied by him to a person as packed dried fruit for human consumption, being dried fruit that ceased to be in the custody of that packer during that month;

• (e)

  the quantity of each kind of dried fruit received by him during that month, being dried fruit that has not been supplied by him to another person 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 of that fruit for his own domestic requirements; and

• (f)

  the quantity of each kind of dried fruit in the custody of the packer at the expiration of that last day of that month.

  Penalty:   $500.

16Application

 These Regulations apply in relation to dried fruit produced in or after the season that commenced on 1 January 1982.

Schedule

(regulation 6)

  

Form 1Summons

Commonwealth of Australia

Dried Vine Fruits Equalization Regulations

Appointment of Authorized Agent

To the Secretary, Department of Primary Industry, Canberra.

I, (full name and address of person appointing authorized agent),

hereby appoint   (full name and address of authorized agent),

a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf the statement referred to in paragraph 4 (2) (b) or 5 (2) (b) of the Dried Vine Fruits Equalization Regulations in any return required to be furnished by me to the Secretary, Department of Primary Industry, under regulation 4 or 5 of those Regulations and for the purpose of signing any such return.

 Dated at

this day of 19 .

(Signature of person appointing authorized agent, or, where the person is a company, signature of a director or the secretary of the company and his designation)

 Dated at

this day of 19 .

(Signature of authorized agent)

Notes to the Dried Vine Fruits Equalization Regulations

Note 1

The Dried Vine Fruits Equalization Regulations (in force under the Dried Vine Fruits Equalization Act 1978) as shown in this compilation comprise Statutory Rules 1982 No. 70 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1982 No. 70	19 Mar 1982	19 Mar 1982
1983 No. 100	12 July 1982	R. 2: 14 July 1983 Remainder: 18 July 1983	—
1984 No. 40	23 Mar 1984	23 Mar 1984	—
1984 No. 149	11 July 1984	11 July 1984	—
1984 No. 349	30 Nov 1984	30 Nov 1984	R. 2
1984 No. 396	5 Dec 1984	5 Dec 1984	—
1985 No. 143	28 June 1984	28 June 1984	—
1986 No. 120	6 June 1986	1 July 1986	—
1988 No. 146	30 June 1988	30 June 1988	—
1991 No. 236	31 July 1991	1 July 1991	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 2..........................................	am. 1984 No. 396
R. 3A.......................................	ad. 1983 No. 100
am. 1984 Nos. 40 and 149; 1985 No. 143; 1988 No. 146; 1991 No. 236
R. 4..........................................	am. 1983 No. 100; 1984 No. 349; 1986 No. 120
Rr. 7–9....................................	rep. 1984 No. 396
R. 10........................................	am. 1984 No. 396
R. 13........................................	am. 1984 No. 396
Schedule.................................	am. 1984 No. 396