Fruit Growing Industry (Trust Fund) Amendment Regulations 1991 (WA)

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18 October 1991] GOVERNMENT GAZETTE, WA 5319
04113-2

AG309

FRUIT GROWING INDUSTRY (TRUST FUND) ACT 1941

FRUIT GROWING INDUSTRY (TRUST FUND) AMENDMENT

REGULATIONS 1991

Made by His Excellency the Governor in Executive Council.

Citation

1.   These regulations may be cited as the Fruit Growing Industry (Trust

Fund) Amendment Regulations 1991.

5320 GOVERNMENT GAZETTE, WA [18 October 1991

Commencement

2. These regulations shall come into operation on the day on which they are

published in the Government Gazette.

Principal regulations

3. In these regulations the Fruit Growing Industry (Trust Fund)

Regulations* are referred to as the principal regulations.

(* Published in the Gazette of 2 February 1965.

For subsequent amendments to 20 September 1991 see 1990 Index to Legislation of Western Australia p. 252.1

Regulation 2 amended

4. Regulation 2 of the principal regulations is amended by repealing

paragraph (c) and substituting the following paragraph —

ft (c) A travelling allowance in respect of the distance travelled for attendance at a meeting of the Committee at the same rate as is payable to an officer of the Public Service of the State. If
Regulation 4 inserted

5. After regulation 3 of the principal regulations the following regulations

are inserted

Time for payment of contribution

4. (1) Subject to these regulations a dealer who purchases or receives fruit from a grower shall remit by cheque payable to the Committee the amount of all contributions deducted by the dealer pursuant to section 17 (7) of the Act in respect of the fruit purchased or received by the dealer.

(2) The remittance referred to in subregulation (1) shall be

made to the Committee —

(a)

where only one payment is made to the grower in relation to the fruit received — within 28 days of the end of the month in which the payment is made;

18 October 1991] GOVERNMENT GAZETTE, WA 5321

(b)

where payment is made to the grower in relation to the fruit received by an advance payment followed by further payments — within 28 days of the end of the month in which the final payment is made.

(3) Where a person —
(a) is a dealer by virtue of paragraph (c) of the definition
of dealer in section 3 of the Act; and
(b) the amount of contributions payable under the Act in relation to the fruit sold by that person is not deducted by another dealer,

the person shall remit by cheque payable to the Committee the amount of all contributions payable in respect of the fruit so sold.

(4) The remittance referred to in subregulation (3) shall be made to the Committee within 28 days of the end of the month in which payment is received for the fruit sold by the person referred to in that subregulation.

A person who is a dealer by virtue of paragraph (d) of the definition of "Dealer" in section 3 of the Act shall remit by cheque payable to the Committee the amount of all contributions payable in respect of the fruit sold by that person within a period of 28 days of the end of the month in which the fruit is sold.

(5)

Returns to be made

5. (1) A dealer shall forward any remittance referred to in regulation 4 to the Committee together with a return relating to that remittance in the form of Form 1 or Form 2 (whichever

applies) in the Schedule.

A dealer shall retain a copy of every return made under this regulation for a period of not less than 12 months.

(2)

Where a person is a dealer in more than one of the capacities of dealer under the definition of "Dealer" in section 3 of the Act a return shall be made under this regulation in relation to each such capacity.

(3)

False statements prohibited

6. A person shall not in a return made under these regulations make a statement that is false in a material particular.

5322 GOVERNMENT GAZETTE, WA [18 October 1991

Schedule repealed and substituted

7.   The Schedule to the principal regulations is repealed and the following

Schedule substituted —

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18 October 1991] GOVERNMENT GAZETTE, WA 5323
FORM 2 (Reg.5 (1))

FRUIT GROWING INDUSTRY (TRUST FUND) ACT 1941

Name ot processor

Address

Postcode

Statement of fruit purchased for processing for the month of

.

Fruit Tonnes Levy rate/tonne Total
Apples $
Pears $
Orangesi- $
Lemonst $
Grapefruitt 5
Apricots $

_

Peaches $
Plums $
Otherit

Grand total

1- Includes $ per tonne Commonwealth (DPIE) citrus levy. ft Apples and stone fruit levy rate $ per tonne; citrus levy rate 5 per tonne
The original of this return, together with remittance to cover the monthly total of the levy, must be forwarded
within twenty eight (28) days of the end of the month to the Accountant, Department of Agriculture, Baron-Hay
Court, South Perth, W.A. 6151
I certify that this return is a true and accurate record of fruit bought and sold for the month of

Name (Print)

Signature L. M. AULD, Clerk of the Council.

Date

Enquiries to:
Secretary
Fruit Growing Industry Trust Fund Committee
OFFICE USE ONLY
Receipt No Date

By His Excellency's Command,

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