Primary Industry Funding Schemes (Langhorne Creek Wine Industry Fund) Regulations 2001 (SA)

South Australia

Primary Industry Funding Schemes (Langhorne Creek Wine Industry Fund) Regulations 2001

under the Primary Industry Funding Schemes Act 1998

Contents

1            Short title

3            Interpretation

4            Langhorne Creek Wine Industry Fund

5            Contributions to Fund

6            Application of Fund

7           Exclusion from benefits of person in default in relation to contributions

8            False or misleading statements

Legislative history

1—Short title

These regulations may be cited as the Primary Industry Funding Schemes (Langhorne Creek Wine Industry Fund) Regulations 2001.

3—Interpretation

(1)In these regulations, unless the contrary intention appears—

Act means the Primary Industry Funding Schemes Act 1998;

Fund—see regulation 4;

Langhorne Creek means—

(a)the Hundred of Bremer;

(b)the Hundred of Brinkley;

(c)the Hundred of Freeling;

(d)the Hundred of Strathalbyn;

Langhorne Creek grapes means any variety of grapes grown in Langhorne Creek and used or intended to be used for wine;

Langhorne Creek grapes winemaker means a person who carries on a business of making wine and who processes Langhorne Creek grapes for that purpose.

(2)A person is in default in relation to contributions to the Fund if, within the immediately preceding two financial years—

(a)all or some of the contributions payable to the Fund by the person have not been paid; or

(b)the person has been refunded contributions from the Fund.

4—Langhorne Creek Wine Industry Fund

(1)The Langhorne Creek Wine Industry Fund (the Fund) is established.

(2)The Fund will be administered by the Minister.

(3)The Fund consists of—

(a)contributions paid or collected in accordance with these regulations; and

(b)income of the Fund from investment; and

(c)any other sums received by the Minister for payment into the Fund.

5—Contributions to Fund

(1)The following contributions are payable within 30 days after the end of each financial year to the Minister for payment into the Fund for each tonne of Langhorne Creek grapes processed by a Langhorne Creek grapes winemaker during that financial year:

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

(i)$3.00 is payable by the grower of the grapes; and

(ii)$1.50 is payable by the winemaker; and

(b)in the case of grapes grown by the winemaker—$1.50 is payable by the winemaker.

(1a)However, contributions are not payable in respect of grapes processed in the financial year commencing 1 July 2012 or in any subsequent financial year.

(2)Contributions payable by a grower under subregulation (1)(a)(i) must be paid on behalf of the grower by the Langhorne Creek grapes winemaker who purchases the grapes out of the amount payable by the winemaker to the grower for the grapes.

(3)A Langhorne Creek grapes winemaker must—

(a)keep proper records relating to the growers and tonnage of Langhorne Creek grapes processed by the winemaker and the contributions required to be made (on the winemaker's own behalf and on behalf of growers) in respect of those grapes; and

(b)make those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose.

(4)A Langhorne Creek grapes winemaker must—

(a)within 30 days after the end of each financial year, furnish the Minister with a financial statement relating to the contributions (on the winemaker's own behalf and on behalf of growers) for Langhorne Creek grapes processed during that financial year that—

(i)is in the form, and contains the information, required by the Minister; and

(ii)is, if the person has the necessary equipment, in an electronic form acceptable to the Minister; and

(b)forward to the Minister, with the annual financial statement required by paragraph (a), the required contributions (on the winemaker's own behalf and on behalf of growers) for Langhorne Creek grapes processed during the financial year to which the financial statement relates.

(5)Refunds of contributions paid in respect of Langhorne Creek grapes processed during a financial year may be claimed by notice in writing to the Minister within the 12 months following that financial year as follows:

(a)a grower of Langhorne Creek grapes may claim a refund in respect of contributions paid by a Langhorne Creek grapes winemaker on behalf of the grower; and

(b)a Langhorne Creek grapes winemaker may claim a refund in respect of contributions paid on the winemaker's own behalf.

(6)A person claiming a refund under subregulation (5) must supply the Minister with—

(a)evidence acceptable to the Minister of the contributions made by the claimant in respect of which the claim for refund is made; and

(b)verification of that evidence in the form of a statutory declaration.

(7)If the person satisfies the Minister that the person is entitled to a refund, the Minister must refund to the person the amount of the contributions paid by the person in respect of grapes processed during the relevant financial year.

6—Application of Fund

The Fund may be applied by the Minister for any of the following purposes:

(a)payments to a body that, in the opinion of the Minister, represents both Langhorne Creek grapes winemakers and growers of Langhorne Creek grapes for one or more of the following purposes:

(i)the reasonable operating and management expenses of the body;

(ii)promoting the Langhorne Creek wine industry;

(iii)undertaking or facilitating research and development, or the collection and dissemination to Langhorne Creek grapes winemakers and growers of Langhorne Creek grapes of information, relevant to the Langhorne Creek wine industry and, in particular, to the improvement of practices in the industry;

(iv)programs designed to encourage communication and cooperation between Langhorne Creek grapes winemakers and growers of Langhorne Creek grapes;

(v)other purposes of the body;

(b)payments for other purposes for the benefit of the Langhorne Creek wine industry;

(c)payment of the expenses of administering the Fund;

(d)repayment of contributions to the Fund under regulation 5.

7—Exclusion from benefits of person in default in relation to contributions

A person who is in default in relation to contributions to the Fund is not entitled to receive direct benefits or services funded by payments from the Fund.

8—False or misleading statements

A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, for the purposes of these regulations.

Maximum penalty: $5 000.

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations and variations

New entries appear in bold.

Year	No	Reference	Commencement
2001	128	Gazette 14.6.2001 p2248	14.6.2001: r 2
2003	33	Gazette 28.3.2003 p1271	28.3.2003: r 2
2007	307	Gazette 13.12.2007 p4849	13.12.2007: r 2
2008	22	Gazette 28.2.2008 p761	28.2.2008: r 2

Provisions varied

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
r 2	omitted under Legislation Revision and Publication Act 2002	13.12.2007
r 5
r 5(1)	varied by 22/2008 r 4	28.2.2008
r 5(1a)	inserted by 307/2007 r 6	13.12.2007
r 9	varied by 33/2003 r 4	28.3.2003
deleted by 307/2007 r 7	13.12.2007

Transitional etc provisions associated with regulations or variations

Primary Industry Funding Schemes (Langhorne Creek Wine Industry Fund) Variation Regulations 2008 (No 22 of 2008), Sch 1

1—Contributions for 1 July 2007 to 30 June 2008

(1)For the purposes of determining the amount of the contributions that become payable under the Primary Industry Funding Schemes (Langhorne Creek Wine Industry Fund) Regulations 2001 on the first occasion after the day on which these regulations come into operation (the commencement day)—

(a)the contribution rates prescribed under the principal regulations as varied by these regulations apply in relation to grapes delivered to a winemaker for processing on or after the commencement day; and

(b)the contribution rates prescribed under the principal regulations as in force immediately before the commencement day apply in relation to grapes delivered to a winemaker for processing before the commencement day.

(2)For the purposes of this clause—

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

(b)if a winemaker processes 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).

Historical versions

28.3.2003

13.12.2007