Triticale Levy Collection Regulations (Cth)

Statutory Rules 1988 No. 3721

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Triticale Levy Collection 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, hereby make the following Regulations under the Triticale Levy Collection Act 1988.

Dated 15 December 1988.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

PETER COOK

Minister of State for Resources

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Citation

1. These Regulations may be cited as the Triticale Levy Collection Regulations.

Interpretation

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

"authorised agent" means a person appointed for the purpose of signing a declaration in a return;

"quarter" has the same meaning as in subsection 5 (3) of the Act;

"the Act" means the Triticale Levy Collection Act 1988.

Manner of payment of levy

3. The payment of levy and other amounts payable to the Commonwealth under the Act shall be made to the Collector of Public Moneys at the office of the Department in Canberra.

Returns by receivers, purchasers and growers

4. (1) A receiver or purchaser of leviable grain shall give to the Secretary a return containing the prescribed particulars:

(a) not later than 28 days after the last day of the quarter in which the weight of leviable grain delivered to that receiver or purchaser in the levy year in which the quarter occurs equals or exceeds the leviable weight; and

(b) not later than 28 days after the last day of each successive quarter, in that levy year, in which leviable grain is so delivered.

(2) A grower of leviable grain that is processed by or for the grower or exported by the grower shall give to the Secretary a return containing the prescribed particulars:

(a) not later than 28 days after the last day of the quarter in which the weight of leviable grain (other than leviable grain to which subsection 8 (2) of the Triticale Levy Act 1988 applies) processed by or for the grower or exported by the grower in the levy year in which the quarter occurs equals or exceeds the leviable weight; and

(b) not later than 28 days after the last day of each successive quarter, in that levy year, in which leviable grain is so processed or exported.

(3) In this regulation, "prescribed particulars" means:

(a) the full name and business, or residential, address of the person giving the return, not being the address of a post office box or bag;

(b) if the person giving the return uses another address as his or her postal address—that address;

(c) the quarter to which the return relates;

(d) in the case of leviable grain referred to in paragraphs (1) (a) and (2) (a)—the quantity of leviable grain delivered, processed or exported, as the case may be, during the period commencing at the commencement of the levy year and ending on the last day of the quarter in which the weight of leviable grain so delivered, processed or exported, as the case requires, equals or exceeds the leviable weight;

(e) in the case of leviable grain referred to in paragraph (1) (b) and (2) (b)—the quantity of leviable grain (other than leviable grain to which subsection 8 (2) of the Triticale Levy Act 1988 applies) delivered, processed or exported, as the case requires, in the quarter to which the return relates; and

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

(4) A return under this regulation shall contain a declaration, signed by the person giving the return or his or her authorised agent, stating that the information in the return is true and correct.

Authorised agent

5. Where a person who is required to give a return appoints a person to be his or her authorised agent for the purpose of signing the declaration contained in that return, the appointment:

(a) shall be in accordance with Form 1; and

(b) shall be lodged with the person to whom the return is to be furnished.

Execution and lodgement of returns

6. A return forwarded by a receiver, purchaser or grower of leviable grain:

(a) shall be signed:

(i) by the receiver,. purchaser or grower, or his or her authorised agent; or

(ii) where the receiver, purchaser or grower furnishing the return is a company, co-operative society or authority—by a director or secretary of the company, co-operative society or authority; and

(b) shall be given to the Secretary by lodging it at the office of the Department in Canberra.

Records to be kept

7. (1) A receiver or purchaser of leviable grain or a grower who processes or exports leviable grain shall keep, or cause to be kept, proper records for the period specified in subregulation (2), showing the quantity of leviable grain received, purchased, processed or exported, as the case requires, in each quarter.

(2) The period for which records are to be kept under subregulation (1) is 3 years commencing on the date by which the receiver, purchaser or grower is required to give a return in respect of that leviable grain.

Penalty:

(a) in the case of a natural person—$500; or

(b) in the case of a body corporate—$2,500.

Form of warrant

8. A warrant granted under section 13 of the Act may be in accordance with Form 2.

SCHEDULE

FORMS

FORM 1 Regulation 5

COMMONWEALTH OF AUSTRALIA

TRITICALE LEVY COLLECTION REGULATIONS APPOINTMENT OF AUTHORISED AGENT

To the Secretary to the Department of (name of the Department): I (full name and address of signatory and, where the person required to furnish the return is not a natural person, the designation of the signatory) *acting for and on behalf of (name of company, co-operative society or authority), hereby appoint (full name, address and occupation of authorised agent), a specimen of whose signature appears below, to be *my authorised agent/*the authorised agent of (name of company, co-operative society or authority) for the purpose of signing the declaration in any return prepared for the purposes of regulation 4 of the Triticale Levy Collection Regulations.

Dated 19 .

.....................................................................................

(Signature)

Dated 19 .

.....................................................................................

(Signature of authorised agent)

*Strike out if inapplicable

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FORM 2 Regulation 8

COMMONWEALTH OF AUSTRALIA

Triticale Levy Collection Act 1988

WARRANT UNDER SECTION 13

To:

(full name), an authorised person for the purposes of section 13 of the Triticale Levy Collection Act 1988. I, (full name), a * Magistrate/* Justice of the Peace, being satisfied, by information on oath (or affirmation) on an application by you under that section in relation to premises at.................................................................. :

(a) that there is reasonable ground for believing that

* leviable grain is produced, stored or processed on those premises

* goods produced from leviable grain are stored on those premises

* there are examinable documents on those premises; and

(b) that the issue of a warrant is reasonably required for the purposes of that Act.

I HEREBY AUTHORISE you to enter the premises at   , with such assistance, and by such force, as is necessary and reasonable during the hours of (or at any time), for the purpose of exercising the powers of an authorised person under subsection 12 (2) of the Triticale Levy Collection Act 1988.

THIS WARRANT has no effect after (insert date).

Dated 19 .

*Magistrate/*Justice of the Peace

*Strike out if inapplicable

NOTE

1. Notified in the Commonwealth of Australia Gazette