Statutory Rules
1991 No. 2031
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Primary
Industries Levies and Charges (Dried Fruits Export Charge) Regulations
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the
following Regulations under the Horticultural
Export Charge Act 1987 and the Primary
Industries Levies and Charges Collection Act 1991.
Dated 27 June 1991.
BILL HAYDEN
Governor-General
By
His Excellency’s Command,
SIMON CREAN
Minister of State for
Primary Industries and Energy
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Citation
1. These Regulations may be
cited as the Primary Industries Levies and Charges (Dried Fruits Export Charge)
Regulations.
Incorporation
2. The Primary Industries
Levies and Charges Collection Regulations are incorporated and must be read as
one with these Regulations.
Interpretation
3. In these Regulations,
unless the contrary intention appears:
“currants” means dried grapes of
the following varieties:
(a)
Carina;
(b)
Corinth;
(c)
Zante;
“dried fruits” means currants, raisins
and sultanas;
“Export Charge Act” means the Horticultural Export Charge Act 1987;
“raisins” means dried grapes other
than currants or sultanas;
“return” means a return lodged
under regulation 9;
“season” means calendar year;
“sultanas” means dried grapes of
the Sultana variety, including Merbein Seedless.
Producers
4. (1) Dried fruits are prescribed for the purposes of paragraph (e)
of the definition of “producer” in subsection 4 (1) of the Collection Act.
(2) The person who was the
owner of dried fruits at the time when they are exported is taken to be the
producer of those dried fruits for the purposes of paragraph (e) of the
definition of “producer” in subsection 4 (1) of the Collection Act.
Chargeable horticultural
products
5. For the purposes of the
definition of “chargeable horticultural products” in section 5a of the Export Charge Act, dried
fruits are prescribed.
Date of payment of
charge
6. For the purposes of
section 6 of the Collection Act, a charge payable under the Export Charge Act
for dried fruits is due for payment on the last day for lodging a return for
the dried fruits.
[NOTE: For penalty, see section 15 of the
Collection Act.]
Prescribed products
7. For the purposes of
subsection 7 (3) of the Collection Act, dried fruits are a prescribed product.
Rate of charge
8. For the purposes of
section 8a of the Export Charge
Act, the rate of charge imposed on the export of dried fruits produced in 1991
or earlier is $30 per tonne.
Monthly returns
9. (1) A producer or an
exporting agent who has exported dried fruits from Australia in any month must
lodge a return on or before the 14th day of the month following the month in
which the dried fruits were exported.
(2) A return must:
(a)
set out the following particulars:
(i)
the full name and business address or residential address of the person lodging
the return (not being a post office box address or post office bag address);
(ii)
if the person has a post office box address or a post office bag address—that
address;
(iii)
the month in which the dried fruits were exported;
(iv)
the season in which those dried fruits were produced;
(v)
for each season in which the dried fruits were produced—the quantity of
currants, raisins and sultanas that were exported in the month;
(vi)
the amount of charge payable in respect of each of those quantities;
(vii)
the total of the amounts payable for those quantities; and
(b)
include a declaration, signed by the person or an agent authorised by the
person, that the matters set out in the return are correct in every material
particular; and
(c)
be lodged with the Secretary at the office of the Department in Canberra.
[NOTE: For penalty, see section 24 of the
Collection Act.]
Records to be kept
10. (1) A producer or an
exporting agent who exports dried fruits in any month must keep records showing
the quantity of currants, raisins and sultanas exported in that month.
Penalty: $1,000.
(2) The records must be
retained by the person for 5 years after the date on which the person is
required to lodge a return for the respective dried fruits.
Penalty: $1,000.
NOTE
1.
Notified in the Commonwealth of Australia
Gazette