Grape Research Levy Collection Regulations (Cth)

Statutory Rules 1986 No. 1631

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Grape Research Levy Collection Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Grape Research Levy Collection Act 1986.

Dated 27 June 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

PETER WALSH

Minister of State for Finance

for and on behalf of the

Minister of State for Primary Industry

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Citation

1. These Regulations may be cited as the Grape Research Levy Collection Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears—

“authorised agent” means a person appointed under regulation 5 to be an authorised agent;

“Secretary” means Secretary to the Department;

“the Act” means the Grape Research Levy Collection Act 1986.

Manner of payment of levy

3. The payment of levy and other moneys payable to the Commonwealth under the Act in respect of leviable goods shall be made to the Collector of Public Moneys at the office of the Department in Canberra.

Returns

4. (1) A processor of a processing establishment shall, in respect of leviable goods delivered to that processing establishment, furnish to the Secretary or a person authorized in writing by the Secretary for the purposes of this sub-regulation a return containing the prescribed particulars not later than the day on which, under the Act, levy imposed on leviable goods becomes due and payable.

(2) A return under this regulation shall contain the prescribed particulars in respect of each processing establishment of which the person furnishing the return is the proprietor.

(3) In this regulation, “prescribed particulars” means—

(a) the full name and address of the person furnishing the return;

(b) the full name and address of each processing establishment to which the return relates;

(c) the year to which the return relates;

(d) the number of tonnes of fresh grapes delivered during that year to each processing establishment to which the return relates;

(e) the number of tonnes of dried grapes delivered during that year to each processing establishment to which the return relates;

(f) the number of litres of single strength grape juice delivered during that year to each processing establishment to which the return relates;

(g) the strengths of concentrated grape juice delivered during that year to each processing establishment to which the return relates and the number of litres of each strength;

(h) the number of tonnes that is the fresh grape equivalent of the dried grapes referred to in paragraph (e);

(j) the number of tonnes that is the fresh grape equivalent of the single strength grape juice referred to in paragraph (f);

(k) the number of tonnes that is the fresh grape equivalent of the concentrated grape juice referred to in paragraph (g);

(l) the total number of tonnes that is the fresh grape equivalent of the dried grapes, single-strength grape juice and concentrated grape juice referred to in paragraphs (e), (f) and (g);

(m) the amount of levy payable—

(i) in the case of fresh grapes;

(ii) in the case of dried grapes; and

(iii) in the case of grape juice; and

(n) the total amount of levy payable in respect of all processing establishments to which the return relates.

(4) A return under this regulation shall contain a declaration, signed by the person furnishing the return or his or her authorised agent, stating that the information furnished in the return is true and correct.

Authorised agent

5. (1) A person who is required to furnish a return under regulation 4 may, by instrument signed by that person, appoint another person to be his or her authorised agent for the purpose of signing the declaration contained in that return.

(2) An instrument referred to in sub-regulation (1)—

(a) shall be in accordance with Form 1; and

(b) shall be lodged with the person to whom the return referred to in regulation 4 is to be furnished.

Execution and lodgment of returns and appointments of authorised agents

6. (1) A return referred to in regulation 4—

(a) shall be signed—

(i) by the proprietor of the processing establishment or processing establishments to which the return relates or by his or her authorised agent; or

(ii) where the proprietor of the processing establishment or processing establishments to which the return relates is a company, co-operative society or authority—by a director or secretary of the company, co-operative society or authority; and

(b) shall be furnished to the Secretary by lodging it at the office of the Department in Canberra.

(2) In sub-regulation (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.

Records to be kept

7. (1) The processor of a processing establishment shall keep, or cause to be kept, proper records of prescribed goods delivered to the processing establishment for the period specified in sub-regulation (2), showing—

(a) in the case of fresh grapes—the number of tonnes of the grapes so delivered;

(b) in the case of dried grapes—the number of tonnes of the grapes so delivered; and

(c) in the case of grape juice—the strengths of the grape juice and the number of litres of each strength of the grape juice so delivered.

Penalty: $500.

(2) The period for which records are to be kept under sub-regulation (1) in respect of prescribed goods by a proprietor of a processing establishment is a period commencing on the date on which the prescribed goods are delivered to the processing establishment and ending at the expiration of 60 calendar months after that date.

Form of warrant

8. A warrant granted under section 11 of the Act may be in accordance with Form 2.

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SCHEDULE

FORMS

FORM 1 Paragraph 5 (2) (a)

COMMONWEALTH OF AUSTRALIA GRAPE RESEARCH LEVY COLLECTION REGULATIONS APPOINTMENT OF AUTHORISED AGENT UNDER REGULATION 5

To the Secretary to the Department of (name of the Department): I (full name and address of signatory and, where the person required to furnish the return is not a natural person, the designation of the signatory)*acting for and on behalf of (name of company, co-operative society or authority), hereby appoint (full name, address and occupation of authorised agent), a specimen of whose signature appears below, to be *my authorised agent/*the authorised agent of (name of company, co-operative society or authority)for the purposes of signing the declaration contained in any return prepared for the purposes of regulation 4 of the Grape Research Levy Collection Regulations.

Dated 1986.

..............................................

(Signature)

Dated 1986.

..............................................

(Signature of authorised agent)

*Strike out if inapplicable.

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SCHEDULE—continued

FORM 2 Regulation 8

COMMONWEALTH OF AUSTRALIA

GRAPE RESEARCH LEVY COLLECTION REGULATIONS

WARRANT UNDER SECTION 11 OF THE GRAPE RESEARCH LEVY COLLECTION ACT 1986

To:

(full name), an authorised person for the purposes of section 11 of the Grape Research Levy Collection Act 1986.

I (full name), a Justice of the Peace, being satisfied, by information on oath (or affirmation) on an application by you under sub-section 11 (2) of that Act in relation to premises at....................

(a) that there is reasonable ground for believing that

*those premises are premises on which fresh grapes, dried grapes or grape juice, whether single-strength or concentrated, being grapes or grape juice produced in Australia, are produced, stored or processed

*there are on those premises books, documents or papers relating to financial dealings between growers and processors of fresh grapes, dried grapes or grape juice, whether single-strength or concentrated, being grapes or grape juice produced in Australia

*there are on those premises books, documents or papers relating to the production, storage, processing, purchase, sale or export of fresh grapes, dried grapes or grape juice, whether single-strength or concentrated, being grapes or grape juice produced in Australia; and

(b) that the issue of a warrant under sub-section 11 (3) of that Act in relation to those premises is reasonably required for the purposes of that Act,

HEREBY AUTHORISE you, with such assistance as you think necessary, to enter the premises at  , if necessary by force, during the hours of ,(or at any time), for the purpose of exercising the powers of an authorised person under sub-section 11 (5) of the Grape Research Levy Collection Act 1986.

THIS WARRANT has no effect after (insert date).

Dated 1986.

Justice of the Peace

*Strike out if inapplicable.

 

NOTE

1. Notified in the Commonwealth of Australia Gazette