Dried Vine
Fruits Stabilization Legislation Repeal Act 1981
No. 13 of 1981
An Act to repeal
certain legislation relating to dried vine fruits and for related purposes
[Assented to 25 March 1981]
BE IT
ENACTED by the Queen, and the Senate and the House of Representatives of the
Commonwealth of Australia, as follows:
Short title
1.This
Act may be cited as the Dried Vine Fruits
Stabilization Legislation Repeal Act 1981.
Commencement
2. This Act shall come into
operation on the day on which it receives the Royal Assent.
Repeal
3. The following Acts are repealed:
Dried
Vine Fruits Stabilization Act 1971
Dried
Vine Fruits Stabilization Amendment Act 1976
Dried
Vine Fruits Stabilization Amendment Act 1978
Dried
Vine Fruits Levy Act 1971
Dried
Vine Fruits Levy Amendment Act 1976
Dried
Vine Fruits Levy Amendment Act 1978
Dried
Vine Fruits Levy Collection Act 1971.
Interpretation
4.In
this Act, unless the contrary intention appears—
“Company” means The Dried
Fruits Stabilization Committee Limited, a body incorporated under the law of
the State of Victoria relating to companies;
“grower”, in relation to
sultanas, means the person in whose name the sultanas were delivered for
packing, and includes, where that person is deceased, his legal personal
representative;
“packer”, in relation to
sultanas, means the proprietor of the premises at which the sultanas were
delivered for packing.
Levy deemed not to have been imposed
5.Notwithstanding
anything contained in the Acts repealed by section 3, levy imposed by section 5
of the Dried Vine Fruits Levy Act 1971
on sultanas received for packing on or after 1 January 1979 shall be deemed not
to have been imposed.
Payments out of the Sultanas Stabilization
Fund
6.(1) Notwithstanding the repeal
made by section 3, the Sultanas Stabilization Fund established under the Dried Vine Fruits Stabilization Act 1971
continues in existence as a trust account for the purposes of section 62a of the Audit Act 1901 and moneys standing to the credit of that trust
account as so continued in existence may be expended in accordance with this
section.
(2)As
soon as practicable after 1 October 1981 the Minister shall—
(a) realize all investments of
moneys standing to the credit of the trust account referred to in sub-section
(1); and
(b) pay, out of that trust
account, to each grower of sultanas in respect of which levy imposed by the Dried Vine Fruits Levy Act 1971 has been
paid an amount (disregarding fractions of cents) calculated in accordance with
the formula where—
A is the amount of levy
imposed by that Act paid in respect of sultanas delivered for packing in the
name of that grower;
B is the number of whole
dollars in the amount of moneys standing to the credit of that trust account
immediately after the investments of moneys standing to the credit of that
trust account are realized; and
C is the number of whole
dollars in the total of the amounts of levy imposed by that Act paid in respect
of sultanas delivered for packing.
(3)The
trust account referred to in sub-section (1) shall be closed on 30 June 1982
and any moneys standing to the credit of that trust account at the time when it
is closed shall be paid into the Consolidated Revenue Fund.
(4) Where the Minister is
satisfied that a person is entitled to any moneys paid into the Consolidated
Revenue Fund in pursuance of sub-section (3), those moneys shall be paid to
that person.
Appropriation
7.The
Consolidated Revenue Fund and the Trust Fund are appropriated to the extent
necessary for the purposes of section 6.
Arrangements with The Dried Fruits
Stabilization Committee Limited
8.(1) The Minister may, on behalf
of the Commonwealth, enter into an arrangement with the Company to perform the
function of making payments of the kind referred to in sub-section 6 (2) to
growers of sultanas.
(2)Without
limiting the generality of sub-section (1), an arrangement under that
sub-section may provide for—
(a) the keeping by the Company
of accounts and records in relation to amounts received and distributed by the
Company in accordance with the arrangement;
(b) the inspection and audit of
the accounts and records referred to in paragraph (a); and
(c) the furnishing by the
Company to the Minister of information with respect to anything done by the
Company in pursuance of the arrangement.
(3)Amounts
to be paid to growers of sultanas in accordance with an arrangement made under
this section may be paid to the Company for distribution in accordance with the
arrangement.
(4)The
Audit Act 1901 does not apply in
relation to moneys of the kind referred to in sub-section (3) in the hands of
the Company.
(5)Moneys
paid to the Company under this section shall, until they are distributed in
accordance with the arrangement under which they are paid, be deemed to be
moneys held in trust for the Commonwealth.
Arrangements with packers of sultanas
9.(1) For the purposes of making
a payment to a grower of sultanas as mentioned in section 8, the Company may
arrange for the packer of the sultanas to pay to that grower, as agent of the
Company, the amount payable to that grower under sub-section 6 (2), and payment
may be made by the Company to the packer in accordance with the arrangement.
(2) The Audit
Act 1901
does not apply in relation to moneys of the kind referred to in sub-section (1)
in the hands of a packer of sultanas.
(3)Moneys
paid to a packer of sultanas under this section shall, until they are
distributed in accordance with the arrangement under which they are paid, be
deemed to be moneys held in trust for the Commonwealth.
(4) Where—
(a) an arrangement has been
made between the Company and a packer of sultanas in accordance with
sub-section (1);
(b) moneys are paid by the
Company to the packer in accordance with thé arrangement for payment by the
packer to a grower of sultanas; and
(c) the grower is indebted to
the packer and has authorized the packer to retain moneys payable by the packer
to the grower in accordance with an arrangement under sub-section (1) in or
towards the discharge of that indebtedness,
the packer
may apply the whole or a part of the moneys so paid by the Company to the
packer in or towards the discharge of that indebtedness and, when the packer so
applies an amount, the amount so applied shall be deemed to have been an amount
paid to the grower in accordance with this Act.