Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) (Prescribed Rate) Variation Regulations 2008 (SA)

South Australia

Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) (Prescribed Rate) Variation Regulations 2008

under the Primary Industry Funding Schemes Act 1998

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) Regulations 2003

1. Variation of regulation 3—Interpretation

2. Variation of regulation 5—Contributions to Fund

3. Insertion of Schedule 2

   Schedule 2—Contributions

   1Interpretation

   2Prescribed rate

Part 1—Preliminary

1—Short title

These regulations may be cited as the Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) (Prescribed Rate) Variation Regulations 2008.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) Regulations 2003

4—Variation of regulation 3—Interpretation

1. Regulation 3(1)—after definition of Adelaide Hills grapes winemaker insert:

   delivered—see subregulation (3);

2. Regulation 3(1)—after definition of prescribed period insert:

   prescribed rate—see Schedule 2.

3. Regulation 3—after subregulation (2) insert:

   (3)For the purposes of these regulations—

   (a)grapes will be taken to be delivered to an Adelaide Hills grapes winemaker by a grower of Adelaide Hills grapes when the winemaker takes possession of the grapes; and

   (b)if an Adelaide Hills grapes winemaker processes Adelaide Hills grapes grown by the winemaker, grapes will be taken to be delivered to the winemaker when the winemaker places the grapes in a container for the purposes of commencing processing of the grapes (including placing the grapes in a container for fermentation or in preparation for crushing or pressing).

5—Variation of regulation 5—Contributions to Fund

1. Regulation 5(1)—delete subregulation (1) and substitute:

   (1)The following contributions are payable to the Minister for payment into the Fund for Adelaide Hills grapes delivered to an Adelaide Hills grapes winemaker during a prescribed period:

   (a)in the case of grapes grown by a person other than an Adelaide Hills grapes winemaker—

   (i)the grower of the grapes must contribute the prescribed rate; and

   (ii)the winemaker must contribute the prescribed rate,

   for each tonne of grapes delivered during the prescribed period (rounded down to the nearest tonne of grapes);

   (b)in the case of grapes grown by an Adelaide Hills grapes winemaker, the winemaker must contribute twice the prescribed rate for each tonne of grapes delivered during the prescribed period (rounded down to the nearest tonne of grapes).

   (1a)The contributions are payable on or before the last day of the month that immediately follows the prescribed period.

2. Regulation 5(3)(a)—delete paragraph (a) and substitute:

   (a)keep proper records relating to the tonnage of Adelaide Hills grapes delivered to the winemaker, the growers of those grapes and the contributions required to be made (on the winemaker's own behalf and on behalf of growers) in respect of those grapes; and

3. Regulation 5(4)—after "An Adelaide Hills grapes winemaker must" insert"

   , on or before the last day of the month that immediately follows a prescribed period

4. Regulation 5(4)—delete "within 30 days after the end of each prescribed period,"

5. Regulation 5(4)—delete "processed" wherever occurring and substitute in each case:

   delivered

6. Regulation 5(5)—delete "processed" and substitute:

   delivered

7. Regulation 5(7)—delete "processed" and substitute:

   delivered

6—Insertion of Schedule 2

After Schedule 1 insert:

Schedule 2—Contributions

1—Interpretation

In this Schedule—

variation day means the day on which the Primary Industry Funding Schemes (Adelaide Hills Wine Industry Fund) (Prescribed Rate) Variation Regulations 2008 come into operation.

2—Prescribed rate

The prescribed rate is as follows:

(a)for the prescribed period 1 July 2007 to 30 June 2008—

(i)for grapes delivered before the variation day—$3.00 per tonne

(ii)for grapes delivered on or after the variation day—$4.50 per tonne

(b)for the prescribed period 1 July 2008 to 30 June 2009—$5.00 per tonne

(c)for the prescribed period 1 July 2009 to 30 June 2010—$5.50 per tonne

(d)for the prescribed period 1 July 2010 to 30 June 2011—$6.00 per tonne

(e)for the prescribed period 1 July 2011 to 30 June 2012—$6.50 per tonne

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 28 February 2008

No 21 of 2008

MAFF08/004CS