Oilseeds Levy Collection and Research Regulations (Cth)

Statutory Rules

1978 No. 11

REGULATIONS UNDER THE OILSEEDS LEVY COLLECTION AND RESEARCH ACT 1977*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Oilseeds Levy Collection and Research Act 1977.

Dated this twenty-sixth day of January 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry

 

OILSEEDS LEVY COLLECTION AND RESEARCH REGULATIONS

Citation

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

Interpretation

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

“ authorized agent ” means a person appointed under regulation 7 to be an authorized agent;

“ Secretary ” means the person for the time being occupying, or performing the duties of, the office of Secretary to the Department of Primary Industry;

“ the Act ” means the Oilseeds Levy Collection and Research Act 1977.

Manner of payment of levy, &c.

3. Payment of levy and other moneys payable to the Commonwealth under the Act shall be made to the Collector of Public Moneys at the office of the Department of Primary Industry in Canberra.

 

* Notified in the Commonwealth of Australia Gazette on 1 February 1978.

25260/78—3

Returns, &c., to be furnished by persons to whom leviable oilseeds are delivered

4. (1) Where, in a levy year, the weight of leviable oilseeds of all kinds delivered to a person by growers of leviable oilseeds reaches the exempt weight, the person shall, on or before the twenty-eighth day of the month immediately following the month in which the weight of those leviable oilseeds so delivered to the person so reaches the exempt weight, furnish to the Secretary a return containing the following particulars:

(a) the month or months in which the leviable oilseeds were so delivered to the person;

(b) the quantity of each kind of leviable oilseeds delivered to the person from the commencement of the levy year to the expiration of the month in which the weight of leviable oilseeds delivered to the person so reached the exempt weight;

(c) the total amount of levy payable in respect of each quantity of leviable oilseeds referred to in paragraph (b).

(2) Where, in a levy year—

(a) sub-regulation (1) applies to a person; and

(b) leviable oilseeds are delivered to the person in a month subsequent to the prescribed month in relation to the person,

the person shall, on or before the twenty-eighth day of the month immediately following the month in which the leviable oilseeds are so delivered, furnish to the Secretary a return containing the following particulars in respect of the last-mentioned month:

(c) the quantity of each kind of leviable oilseeds delivered to the person in that month;

(d) the total amount of levy payable in respect of each quantity of leviable oilseeds referred to in paragraph (c).

(3) A return referred to in sub-regulation (1) or (2) shall—

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

(b) contain a declaration, signed by the person furnishing the return or his authorized agent, stating that the information furnished in the return is true and correct in every particular.

(4) Where, in a levy year—

(a) sub-regulation (1) applies to a person; and

(b) no leviable oilseeds are delivered to the person in a month subsequent to the prescribed month in relation to the person,

the person shall, on or before the twenty-eighth day of the month immediately following that month, furnish a statement to that effect to the Secretary.

 

(5) In this regulation, “ prescribed month ”, in relation to a person to whom sub-regulation (1) applies in respect of a levy year, means the month in the levy year in which the weight of leviable oilseeds of all kinds delivered to the person in that year by growers of leviable oil-seeds reached the exempt weight.

Returns &c., to be furnished by growers

5. (1) Where, in any month, any leviable oilseeds produced by a grower are—

(a) exported by the grower; or

(b) processed by or for the grower,

the grower shall, on or before the twenty-eighth day of the mouth immediately following that month, furnish to the Secretary a return containing such of the following particulars in respect of that month as are applicable:

(c) the quantity of each kind of such leviable oilseeds so exported in that month;

(d) the quantity of each kind of such leviable oilseeds (other than leviable oilseeds to which sub-section 8 (2) of the Levy Act applies) so processed in that month;

(e) the total amount of levy payable in respect of each quantity of leviable oilseeds referred to in paragraph (c) or (d).

(2) A return referred to in sub-regulation (1) shall—

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

(b) contain a declaration, signed by the person furnishing the return or his authorized agent, stating that the information furnished in the return is true and correct in every particular.

(3) Where, in any month—

(a) a grower does not export any leviable oilseeds produced by the grower; or

(b) no leviable oilseeds produced by the grower, other than leviable oilseeds to which sub-section 8 (2) of the Levy Act applies, are processed by or for the grower,

the grower shall, on or before the twenty-eighth day of the month immediately following that month, furnish a statement to that effect to the Secretary.

Returns, &c., to specify the month to which they relate

6. A return that is required to be furnished under sub-regulation 4 (2) or 5 (1) or a statement that is required to be furnished under sub-regulation 4 (4) or 5 (3) shall, in addition to containing the particulars referred to in that sub-regulation, specify the month to which the return or statement relates.

Authorized agent

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

(2) An instrument referred to in sub-regulation (1) shall be substantially in accordance with the form in the Schedule and shall be furnished to the Secretary.

Lodging of returns, &c.

8. A return or statement referred to in regulation 4 or 5 or an instrument referred to in regulation 7 shall be furnished to the Secretary by lodging it at the office of the Department of Primary Industry in Canberra.

Execution of documents by a company

9. (1) Where these Regulations provide that a declaration or instrument of appointment shall be signed by a person and that person is a company, the declaration or instrument of appointment may be signed on behalf of the company by a director or secretary of the company.

(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

10. (1) A person to whom leviable oilseeds are delivered by growers of leviable oilseeds shall keep records showing, in respect of each month—

(a) the quantity of each kind of leviable oilseeds purchased by the person in that month; and

(b) the quantity of each kind of leviable oilseeds received by the person in that month.

Penalty: $200.

(2) A grower of leviable oilseeds shall, in respect of leviable oilseeds produced by the grower, keep records showing, in respect of each month—

(a) the quantity of each kind of such leviable oilseeds exported by the grower in that month;

(b) the quantity of each kind of such leviable oilseeds (other than leviable oilseeds to which sub-section 8 (2) of the Levy Act applies) processed by or for the grower in that month; and

(c) the quantity of each kind of such leviable oilseeds processed by or for the grower in that month and to which sub-section 8 (2) of the Levy Act applies.

Penalty: $200.

SCHEDULE Regulation 7

COMMONWEALTH OF AUSTRALIA

Oilseeds Levy Collection and Research Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary, Department of Primary Industry, Canberra.

I,

(Full name and address)

hereby appoint—

(Full name and address of authorized agent)

a specimen of whose signature appears below, to be my authorized agent for the purpose of sighting on my behalf the declaration contained in any return required to be furnished by one to the Secretary, Department of Primary Industry, under regulation 4 or 5 of the Oilseeds Levy Collection and Research Regulations.

Dated this day of 19 .

(Signature of person appointing authorized agent, or, where the person is a company, signature of a director or the secretary of the company and his designation)

Dated this day of 19 .

(Signature of authorized agent