Fruit Marketing (Papaw Research Levy) Regulation 1992 (Qld)

Queensland Subordinate Legislation 1992 No. 53 Fruit Marketing Organisation Act 1923 FRUIT MARKETING (PAPAW RESEARCH LEVY) REGULATION 1992 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 D2 efinitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 2—PAPAW RESEARCH LEVY C3 OD empowered to make a levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2R4 ate of a levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5Procedure for making a levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3P6ayment of a levy by growers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 L7 odgement of returns by growers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3P8ayment of a levy by intermediaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9Lodgement of returns by intermediaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3—MISCELLANEOUS R10ecovery of an unpaid amount of a levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1A1pplication of papaw research levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2 Fruit Marketing (Papaw Research Levy) Regulation 1992 No. 53, 1992 PART 1—PRELIMINARY Short title 1. This regulation may be cited as the Fruit Marketing (Papaw Research Levy) Regulation 1992 . Definitions 2. In this regulation— “grower” means a papaw grower; “indirect sale” , by a grower, means a sale— (a) by way of an intermediary; or (b) to an intermediary; “intermediary” means a person required to pay an amount of papaw research levy under section 8; “package” means a container of a kind ordinarily used in the Australian horticultural industry for packing papaws; “papaw research levy” means the levy that the COD is empowered to make under section 3. PART 2—PAPAW RESEARCH LEVY COD empowered to make a levy 3. The COD is empowered to make a levy on growers in compliance with this regulation. Rate of a levy 4. A papaw research levy must not exceed the rate of 15c per package of papaws.

3 Fruit Marketing (Papaw Research Levy) Regulation 1992 No. 53, 1992 Procedure for making a levy 5.(1) To make a papaw research levy, the COD must publish a notice in the Gazette and in the Queensland Fruit and Vegetable News. (2) The notice must refer to this regulation and specify— (a) the nature and purpose of the levy; and (b) the rate of the levy; and (c) the persons who must pay an amount of levy; and (d) the time within which each amount of levy must be paid; and (e) the persons who must lodge returns under this regulation; and (f) the time within which a return must be lodged; and (g) the day, being at least 7 days after publication of the notice in the Gazette or the Queensland Fruit and Vegetable News, whichever is the later, on which the requirement to pay the levy starts. Payment of a levy by growers 6. A grower who sells a package of papaws, other than by an indirect sale, must pay the amount of papaw research levy payable on the package— (a) direct to the COD; and (b) by the fifteenth day of the month following the month in which the package was sold. Maximum penalty—1 penalty unit. Lodgement of returns by growers 7.(1) If in a month a grower sells, other than by an indirect sale, 1 or more packages of papaws, the grower must lodge a return for the month in compliance with this section. (2) The return must specify— (a) the grower’s name; and (b) the month and year to which the return relates; and

4 Fruit Marketing (Papaw Research Levy) Regulation 1992 No. 53, 1992 (c) the number of packages of papaws sold, other than by an indirect sale, by the grower in the month; and (d) the amount of papaw research levy payable on the packages. (3) The grower must lodge the return with the COD at the same time as the grower pays the amount of papaw research levy payable on the packages mentioned in the return. Maximum penalty—1 penalty unit. Payment of a levy by intermediaries 8. If a person, in the course of carrying on a business— (a) sells a package of papaws on behalf of the grower of the papaws; or (b) buys a package of papaws from the grower of the papaws, other than by way of a person mentioned in paragraph (a); the person must pay the amount of papaw research levy payable on the package— (c) direct to the COD; and (d) by the fifteenth day of the month following the month in which the package was sold or bought by the person. Maximum penalty—1 penalty unit. Lodgement of returns by intermediaries 9.(1) If, in a month, a person sells or buys 1 or more packages of papaws as an intermediary, the person must lodge a return for the month in compliance with this section. (2) The return must specify— (a) the person’s name; and (b) the month and year to which the return relates; and (c) the number of packages of papaws sold or bought by the person as an intermediary in the month; and

5 Fruit Marketing (Papaw Research Levy) Regulation 1992 No. 53, 1992 (d) the amount of papaw research levy payable on the packages. (3) The person must lodge the return with the COD at the same time as the person pays the amount of papaw research levy payable on the packages mentioned in the return. Maximum penalty—1 penalty unit. PART 3—MISCELLANEOUS Recovery of an unpaid amount of a levy 10. If an amount of papaw research levy is not paid by a person in compliance with this regulation, the amount is recoverable by the COD as a debt due to the COD in a court of competent jurisdiction. Application of papaw research levy 11. The COD may spend the amount of papaw research levy received only in relation to research on papaws that it considers will be in the interests of growers. ENDNOTES 1. Made by the Governor in Council on 19 March 1992. 2. Published in the Gazette on 20 March 1992. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. The State of Queensland 1992