Grape Research Levy Act 1986 (Cth)

Grape Research Levy Act 1986

Act No. 63 of 1986 as amended

Consolidated as in force on 18 November 1999

(includes amendments up to Act No. 32 of 1999)

[Note: This Act is repealed by No. 32, 1999)

Prepared by the Office of Legislative Drafting

Attorney‑General’s Department, Canberra

      

Contents

An Act to impose a levy upon Australian grapes, and Australian grape juice, delivered to processing

establishments

1Short title [see Note 1]

This Act may be cited as the Grape Research Levy Act 1986.

2Commencement

This Act shall come into operation on 1 July 1986.

4Interpretation

1. (1)

   In this Act, unless the contrary intention appears:

dried grapes means grapes containing less than 60% of moisture by mass.

fresh grapes means grapes containing not less than 60% of moisture by mass.

levy means levy imposed by this Act.

prescribed goods means:

1. (a)

   fresh grapes; and

2. (b)

   dried grapes; and

3. (c)

   grape juice, whether single strength or concentrated;

being grapes or grape juice produced in Australia.

representative organisation means:

1. (a)

   where the levy is not attached to an R & D Corporation or R & D Fund under section 5 of the Primary Industries and Energy Research and Development Act 1989—an organisation in respect of which a declaration is in force under section 5D of the Rural Industries Research Act 1985 in relation to leviable goods; or

2. (b)

   where the levy is attached to an R & D Corporation under section 5 of the Primary Industries and Energy Research and Development Act 1989—an organisation declared under section 7 of that Act to be a representative organisation in relation to the Corporation; or

3. (c)

   where the levy is attached to an R & D Fund under section 5 of that Act—an organisation declared under section 7 of that Act to be a representative organisation in relation to the R & D Council in respect of which the R & D Fund is established under that Act.

1. (2)

   For the purposes of this Act, the quantity of fresh grapes that is the equivalent of a quantity of prescribed goods other than fresh grapes is a number of tonnes equal to:

   1. (a)

      in the case of dried grapes—a number ascertained by multiplying the number of tonnes of that quantity of dried grapes by 3; and

   2. (b)

      in the case of grape juice—a number ascertained by dividing the number of litres of that quantity of grape juice:

      1. (i)

         in the case of single‑strength grape juice—by 800 or, if another number is for the time being prescribed for the purposes of this subparagraph, that other number; and

      2. (ii)

         in the case of concentrated grape juice—by a number that bears to the number applicable for the purposes of subparagraph (i) the same proportion as the strength of the single‑strength grape juice from which the concentrated grape juice was derived bears to the strength of the concentrated grape juice.

2. (3)

   For the purposes of this Act, premises are a processing establishment during a year if the quantity (if any) of fresh grapes, together with the fresh grape equivalent of the quantity (if any) of prescribed goods other than fresh grapes, used in the processing of prescribed goods at those premises during that year, or either of the immediately preceding 2 years (including years commencing before 1 July 1986), amounts, or amounted, to not less than 5 tonnes.

3. (4)

   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.

5Act to bind Crown

This Act binds the Crown in right of each of the States, of the Northern Territory and of Norfolk Island.

6Imposition of levy

Subject to this Act, levy is imposed on prescribed goods delivered to a processing establishment in Australia on or after 1 July 1986.

7Rate of levy

1. (1)

   The rate of levy in respect of leviable goods is:

   1. (a)

      in the case of fresh grapes—the standard amount per tonne of the grapes; and

   2. (b)

      in any other case—the standard amount per tonne of the fresh grape equivalent of the leviable goods.

2. (2)

   In subsection (1), standard amount means such amount, not exceeding $2, as is prescribed.

8By whom levy payable

Levy in respect of leviable goods is payable by the producer of the leviable goods.

9Exemptions from levy

1. (1)

   Levy is not payable in respect of:

   1. (a)

      prescribed goods that are delivered during a year to a processing establishment that is an exempt processing establishment in relation to that year;

   2. (b)

      dried grapes in respect of which levy is payable under the Dried Fruits Levy Act 1971; or

   3. (c)

      grape juice that is delivered to a processing establishment during a year and that was concentrated or extracted at:

      1. (i)

         another processing establishment; or

      2. (ii)

         premises where the principal activity carried on during that year was the processing of prescribed goods.

2. (2)

   For the purposes of subsection (1), a processing establishment is an exempt processing establishment in relation to a year if the quantity (if any) of fresh grapes, together with the fresh grape equivalent of the quantity (if any) of prescribed goods other than fresh grapes, used in the processing of prescribed goods at the processing establishment during the year amounts to less than 20 tonnes.

3. (3)

   The regulations may exempt from levy prescribed goods included in a specified class of prescribed goods.

10Regulations

1. (1)

   The Governor‑General may make regulations for the purposes of subsections 7(2) and 9(3).

2. (2)

   Before making regulations for the purposes of subsection 7(2), the Governor‑General shall take into consideration any relevant recommendation made to the Minister by a representative organisation.NOTE

Notes to theGrape Research Levy Act 1986

Note 1

The Grape Research Levy Act 1986 as shown in this consolidation comprises Act No. 63, 1986 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application saving or transitional provisions
Grape Research Levy Act 1986	63, 1986	24 June 1986	1 July 1986
Grape Research Levy Amendment Act 1989	140, 1989	23 Nov 1989	1 Jan 1990	—
Primary Industries and Energy Research and Development Act 1989	17, 1990	17 Jan 1990	Ss. 9, 26(2), 31(2), 36(2), 39(2), Part 3 (ss. 92‑121) ands. 156: 1 July 1990 Remainder: Royal Assent	—
Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991	26, 1991	1 Mar 1991	1 July 1991 (see s. 2)	S. 5
Primary Industries and Energy Legislation Amendment Act 1991	31, 1991	20 Mar 1991	20 Mar 1991	—
Primary Industries Levies and Charges (Consequential Amendments) Act 1999	32, 1999	14 May 1999	Schedule 1 (items 41, 42): 1 July 1999 (a)	Sch. 1 (item 42)

(a) The Grape Research Levy Act 1986 was repealed by the Primary Industries Levies and Charges (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:

1. (1)

   Subject to this section, this Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999.

Section 1 of the Primary Industries Levies and Charges (Consequential Amendments) Act 1999 commenced on 1 July 1999.

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. 17, 1990; No. 26, 1991
am. No. 31, 1991
S. 7...........................................	am. No. 140, 1989
S. 8...........................................	am. No. 26, 1991
S. 10.........................................	am. No. 17, 1990; No. 31, 1991

Table A

Application, saving or transitional provision

Primary Industries Levies and Charges (Consequential Amendments) Act 1999 (No. 32, 1999)

Schedule 1

42

Application

The repeal of the Grape Research Levy Act 1986