Primary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2001 (SA)
South Australia
Primary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2001
under the Primary Industry Funding Schemes Act 1998
Contents
1 Short title
3 Interpretation
4 Riverland Wine Industry Fund
5 Contributions to Fund
5A Refunds
6 Application of Fund
6A Exchange of information
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 (Riverland 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;
default in relation to contributions to the Fund—see subregulation (2);
delivered—see subregulation (3);
Fund—see regulation 4;
grower association—see regulation 6(1)(b);
industry development association—see regulation 6(1)(a);
industry development contribution—see regulation 5(1)(a)(ii) and 5(1)(b)(ii);
prescribed period means—
(a)the period 1 July 2010 to 30 June 2011; or
(b)the period 1 July 2011 to 30 June 2012; or
(c)the period 15 November 2012 to 31 May 2013; or
(d)the period of 12 months commencing on 1 June 2013 or on 1 June in any subsequent year up to and including the period of 12 months commencing on 1 June 2016;
Riverland means—
(a)the areas (from time to time) of the following councils:
(i)The Berri Barmera Council;
(ii)District Council of Loxton Waikerie;
(iii)District Council of Renmark Paringa;
(iv)Mid Murray Council (excluding the Hundred of Jellicoe);
(v)Rural City of Murray Bridge (excluding the Hundred of Brinkley);
(b)the Hundred of Katarapko;
(c)the County of Young;
(d)the County of Hamley;
Riverland grapes means any variety of grapes grown in the Riverland and used or intended to be used for wine;
Riverland grapes winemaker means a person who carries on a business of making wine and who processes Riverland grapes for that purpose (whether directly or through contracting another to do so and whether in or outside the State);
winemaker association—see regulation 6(1)(c);
winemaker contribution—see regulation 5(1)(b)(i).
(2)A person is in default in relation to contributions to the Fund if, within the immediately preceding 2 prescribed periods—
(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.
(3)For the purposes of these regulations—
(a)grapes will be taken to be delivered to a Riverland grapes winemaker by a grower of Riverland grapes when the winemaker takes possession of the grapes; and
(b)if a Riverland grapes winemaker processes Riverland grapes grown by the winemaker, grapes will be taken to be delivered to the winemaker when the grapes are placed 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).
4—Riverland Wine Industry Fund
(1)The Riverland 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 to the Minister for payment into the Fund for each tonne of Riverland grapes delivered to a Riverland grapes winemaker during a prescribed period:
(a)in the case of grapes grown by a person other than the winemaker—
(i)0.5% of the amount payable to the grower by the winemaker for the grapes is payable by the grower of the grapes; and
(ii)35 cents is payable by the winemaker as an industry development contribution; and
(b)in the case of grapes grown by the winemaker—
(i)$1 is payable by the winemaker as a winemaker contribution; and
(ii)35 cents is payable by the winemaker as an industry development contribution.
(1a)The contributions are payable on or before the last day of the month that immediately follows the prescribed period.
(2)Contributions payable by a grower under subregulation (1)(a)(i) must be paid on behalf of the grower by the Riverland grapes winemaker who purchases the grapes out of the amount payable by the winemaker to the grower for the grapes.
(3)A Riverland grapes winemaker must—
(a)keep proper records enabling—
(i)the growers on whose behalf the winemaker must pay contributions to be identified; and
(ii)the tonnage of grapes delivered to the winemaker by each grower to be determined; and
(iii)the tonnage of grapes grown and processed by the winemaker to be determined; and
(b)make those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose.
Maximum penalty: $500.
(4)A Riverland grapes winemaker must—
(a)within 30 days after the end of each prescribed period, furnish the Minister with a financial statement relating to the contributions (on the winemaker's own behalf and on behalf of growers) for Riverland grapes delivered during that prescribed period 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 Riverland grapes delivered during the prescribed period to which the financial statement relates.
5A—Refunds
(1)Refunds of contributions paid in respect of Riverland grapes delivered during a prescribed period may be claimed by notice in writing to the Minister within the 12 months following that prescribed period as follows:
(a)a grower of Riverland grapes may claim a refund in respect of all or part of the contributions paid by a Riverland grapes winemaker on behalf of the grower; and
(b)a Riverland grapes winemaker may claim a refund in respect of all or part of the contributions paid on the winemaker's own behalf.
(2)A Riverland grapes winemaker claiming a refund must specify whether the refund is sought for industry development contributions, winemaker contributions or both.
(3)A person claiming a refund must supply the Minister with—
(a)evidence acceptable to the Minister of the contributions paid by the claimant in respect of which the claim for refund is made; and
(b)if the Minister so requires, verification of that evidence in the form of a statutory declaration.
(4)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 or on behalf of the person, together with interest (at the official cash rate) on that amount for the period commencing on the date of payment of the contributions to the Minister and ending on the date of lodgment of the claim for the refund.
(5)In subregulation (4)—
official cash rate means the cash rate fixed by the Reserve Bank of Australia and prevailing on the date of lodgment of the claim for the refund.
6—Application of Fund
(1)The Fund may be applied by the Minister for any of the following purposes:
(a)payments to a body (the industry development association) that, in the opinion of the Minister, represents both Riverland grapes winemakers and growers of Riverland grapes for 1 or more of the following purposes:
(i)the reasonable operating and management expenses of the body;
(ii)promoting the Riverland wine industry, including through wine shows, wine festivals or other wine industry forums or through tourism;
(iii)undertaking or facilitating research and development, or the collection and dissemination to Riverland grapes winemakers and growers of Riverland grapes of information, relevant to the Riverland wine industry;
(iv)participation of the body in regional, State or national wine industry forums;
(v)programs designed to encourage communication and cooperation between Riverland grapes winemakers and growers of Riverland grapes;
(vi)other purposes of the body;
(b)payments to a body (the grower association) that, in the opinion of the Minister, represents growers of Riverland grapes for 1 or more of the following purposes:
(i)the reasonable operating and management expenses of the body;
(ii)fees for affiliation of the body with regional, State or national wine industry bodies;
(iii)representation of growers of Riverland grapes in regional, State or national wine industry forums;
(iv)the provision of industry information to growers of Riverland grapes;
(v)other purposes of the body;
(c)payments to a body (the winemaker association) that, in the opinion of the Minister, represents Riverland grapes winemakers for 1 or more of the following purposes:
(i)the reasonable operating and management expenses of the body;
(ii)fees for affiliation of the body with regional, State or national wine industry bodies;
(iii)representation of Riverland grapes winemakers in regional, State or national wine industry forums;
(iv)the provision of industry information to Riverland grapes winemakers;
(v)other purposes of the body;
(d)payments for other purposes for the benefit of the Riverland wine industry;
(e)payment of the expenses of administering the Fund;
(f)refunds of contributions to the Fund given under these regulations.
(2)Subject to the management plan for the Fund and the Minister being satisfied as to matters of probity, governance and performance in relation to the associations, it is intended that—
(a)payments to the industry development association will comprise—
(i)an amount proportionate to the sum of the industry development contributions paid by Riverland grape winemakers; and
(ii)an amount out of the contributions paid by growers of Riverland grapes under regulation 5(1)(a)(i) that matches the amount referred to in subparagraph (i); and
(b)payments to the grower association will be proportionate to the remaining contributions paid under regulation 5(1)(a)(i) by growers of Riverland grapes; and
(c)payments to the winemaker association will be proportionate to the winemaker contributions paid by Riverland grape winemakers; and
(d)separate ledgers will be kept in relation to amounts available for each of the associations taking into account anticipated refunds; and
(e)in the event of insufficiency of funds for all associations, the industry development association will be afforded priority.
6A—Exchange of information
(1)The Minister may require an industry development association, grower association or winemaker association to provide the Minister with—
(a)a copy of the financial statements of the association; and
(b)a copy of the annual report of the association; and
(c)a copy of any business plan of the association; and
(d)any other information reasonably required for the purposes of these regulations.
(2)The Minister may provide an industry development association, grower association or winemaker association with information identifying growers of Riverland grapes and Riverland grape winemakers who have paid or been refunded contributions under these regulations.
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 under regulation 6(1)(d).
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 of regulations
The Primary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2001 were revoked by Sch 1 of the Primary Industry Funding Schemes (Riverland Wine Industry Fund) Regulations 2016 on 1.9.2016.
Principal regulations and variations
Year No Reference Commencement 2001 127 Gazette 14.6.2001 p2244 14.6.2001: r 2 2001 174 Gazette 19.7.2001 p2715 19.7.2001: r 2 2003 32 Gazette 28.3.2003 p1270 28.3.2003: r 2 2007 307 Gazette 13.12.2007 p4849 13.12.2007: r 2 2008 20 Gazette 28.2.2008 p756 28.2.2008: r 2 2008 314 Gazette 18.12.2008 p5685 18.12.2008: r 2 2010 268 Gazette 16.12.2010 p5732 16.12.2010: r 2 2012 226 Gazette 15.11.2012 p5010 Pt 7 (rr 22—24)—15.11.2012: r 2 Provisions varied
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 3 r 3(1) default inserted by 314/2008 r 4(1) 18.12.2008 delivered inserted by 314/2008 r 4(1) 18.12.2008 grower association inserted by 314/2008 r 4(2) 18.12.2008 industry development association inserted by 314/2008 r 4(2) 18.12.2008 industry development contribution inserted by 314/2008 r 4(2) 18.12.2008 prescribed period inserted by 226/2012 r 22(1) 15.11.2012 Riverland varied by 174/2001 r 3 19.7.2001 Riverland grapes winemaker varied by 314/2008 r 4(3) 18.12.2008 winemaker association inserted by 314/2008 r 4(4) 18.12.2008 winemaker contribution inserted by 314/2008 r 4(4) 18.12.2008 r 3(2) varied by 226/2012 r 22(2) 15.11.2012 r 3(3) inserted by 314/2008 r 4(5) 18.12.2008 r 5 r 5(1) varied by 20/2008 r 4 28.2.2008 substituted by 314/2008 r 5(1) 18.12.2008 varied by 268/2010 r 4 16.12.2010 varied by 226/2012 r 23(1), (2) 15.11.2012 r 5(1a) inserted by 307/2007 r 10 13.12.2007 varied by 314/2008 r 5(2) 18.12.2008 substituted by 226/2012 r 23(3) 15.11.2012 r 5(3) substituted by 314/2008 r 5(3) 18.12.2008 r 5(4) varied by 314/2008 r 5(4) 18.12.2008 varied by 226/2012 r 23(4) 15.11.2012 r 5(5)—(7) deleted by 314/2008 r 5(5) 18.12.2008 r 5A inserted by 314/2008 r 6 18.12.2008 r 5A(1) varied by 226/2012 r 24(1) 15.11.2012 r 5A(4) substituted by 226/2012 r 24(2) 15.11.2012 r 5A(5) inserted by 226/2012 r 24(2) 15.11.2012 r 6 substituted by 314/2008 r 7 18.12.2008 r 6A inserted by 314/2008 r 7 18.12.2008 r 7 varied by 314/2008 r 8 18.12.2008 r 9 varied by 32/2003 r 4 28.3.2003 deleted by 307/2007 r 11 13.12.2007 Transitional etc provisions associated with regulations or variations
Primary Industry Funding Schemes (Riverland Wine Industry Fund) Variation Regulations 2008 (No 20 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 (Riverland 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 28.2.2008 18.12.2008 16.12.2010
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