Apple and Pear Levy Collection Regulations

Legislation au C1977L00131 Regulations Not in force Legislative Instrument

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Statutory Rules

1977 No. 131

REGULATIONS UNDER THE APPLE AND PEAR LEVY COLLECTION ACT 1976.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Apple and Pear Levy Collection Act 1976.

Dated this tenth day of August, 1977.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry,

 

APPLE AND PEAR LEVY COLLECTION REGULATIONS

Citation.

1. These Regulations may be cited as the Apple and Pear Levy Collection Regulations.

Repeal.

2. Statutory Rules 1976, No. 297 are repealed.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“ authorized agent ” means a person appointed under regulation 8;

“ the Act ” means the Apple and Pear Levy Collection Act 1976.

Manner of payment of levy, &c.

4. Payment of levy and other moneys payable to the Commonwealth under the Act shall be made to the Collector of Public Moneys at the office of the Department of Primary Industry in Canberra.

Monthly returns.

5. (1) Where, in any month—

(a) a person who is a quantity purchaser or dealer has purchased fruit from a grower;

(b) a person who is a dealer has sold fruit on behalf of a grower; or

(c) a person who is a grower has used fruit in the production of fruit juice or other goods,

that person shall, on or before the twenty-eighth day of the next succeeding month, furnish to the Secretary a return containing such of the particulars specified in sub-regulation (3) as are applicable.

 

* Notified in the Commonwealth of Australia Gazette on 17 August 1977.

(2) A quantity purchaser or dealer who has not, in any month, purchased fruit from a grower, or a dealer who has not, in any month, sold fruit on behalf of a grower, shall, on or before the twenty-eighth day of the next succeeding month, furnish a statement to the Secretary to that effect by lodging it at the office of the Department of Primary Industry in Canberra.

(3) The following are the particulars to be included in a return referred to in sub-regulation (1):—

(a) the full name and address of the quantity purchaser, dealer or grower furnishing the return;

(b) the month in which the fruit was purchased, sold or used;

(c) the quantity of each kind of fruit purchased for use in, sold for use in, or used in, the production of fruit juice in that month;

(d) the quantity of each kind of fruit purchased for use in, sold for use in, or used in, the production of other goods in that month;

(e) the quantity of each kind of fruit purchased or sold in that month for purposes other than for use in the production of fruit juice or other goods;

(f) the levy payable in respect of each kind of fruit referred to in paragraph (c), (d) or (e).

(4) A return referred to in sub-regulation (1) shall contain a declaration, signed by the quantity purchaser, dealer, grower or his authorized agent, that the information in the return is true and correct.

Annual returns.

6. (1) Where a grower has, in any year, sold fruit by retail sale and the quantity of the fruit so sold by him in that year, together with the quantity of any fruit used by him in the production of fruit juice or other goods in that year, is 500 boxes of fruit or more, the grower shall, on or before 28 February in the next succeeding year, furnish to the Secretary a return containing the following particulars:—

(a) the full name and address of the grower.

(b) the year in which the fruit was so sold;

(c) the quantity of each kind of fruit so sold;

(d) the levy payable in respect of each kind of fruit so sold.

(2) A return referred to in sub-regulation (1) shall contain a declaration, signed by the grower or his authorized agent, that the information in the return is true and correct.

Lodging of returns.

7. A return referred to in sub-regulation 5 (1) or 6 (1) shall be furnished to the Secretary by lodging it at the office of the Department of Primary Industry in Canberra.

Authorized agent.

8. (1) A person may appoint a person to be his authorized agent for the purpose of signing on his behalf the declaration contained in a return referred to in sub-regulation 5 (1) or 6 (1) required to be furnished by the first-mentioned person.

(2) An appointment of an authorized agent shall be substantially in accordance with the form in the Schedule and shall be lodged at the office of the Department of Primary Industry in Canberra.

Execution of documents by a company.

9. Where these Regulations provide that a declaration or appointment shall be signed by a person and that person is a company, the declaration or appointment may be signed on behalf of the company by a director or the secretary of the company.

False or misleading information.

10. A person shall not furnish—

(a) a return referred to in sub-regulation 5 (1) or 6 (1); or

(b) other information for the purposes of the Act or these Regulations, that, to his knowledge, is false or misleading in a material particular.

Penalty: $200.

Proper records to be kept.

11. (1) A quantity purchaser or dealer shall keep records showing, in respect of fruit purchased from, or sold on behalf of, a grower—

(a) the quantity of each kind of fruit so purchased or so sold in each month for use in the production of fruit juice;

(b) the quantity of each kind of fruit so purchased or so sold in each month for use in the production of other goods; and

(c) the quantity of each kind of fruit so purchased or so sold in each month for purposes other than for use in the production of fruit juice or other goods.

Penalty: $200.

(2) A grower shall keep records showing the quantity of each kind of fruit sold by him by retail sale, or used by him in the production of fruit juice or other goods, in each year.

Penalty: $200.

SCHEDULE Regulation 8

Commonwealth of Australia

Apple and Pear Levy Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the Department of Primary Industry.

I, hereby

 (full name and address)

appoint—

 (full name, address and occupation)

to be my authorized agent for the purpose of signing on my behalf any declaration contained in a return referred to in sub-regulation 5 (1) or 6 (1) of the Apple and Pear Levy Collection Regulations required to be furnished by me.

Dated at  this   day of     19 .

(Signature of person appointing authorized agent or, where the person is a company, the signature of a director or the secretary of the company and his designation)

Dated at  this   day of     19 .

 (Signature of authorized agent)

Overview

The Apple and Pear Levy Collection Regulations 1977 were made under the Apple and Pear Levy Collection Act 1976 by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The regulations were introduced to provide detailed procedures and requirements for the collection of the apple and pear levy. This levy is a financial contribution collected from apple and pear growers and dealers to support industry development and marketing activities. The enacting body for these regulations was the Federal Executive Council, and the policy objective was to ensure the effective and efficient collection of the levy by establishing clear guidelines for payment, record-keeping, and reporting. These regulations outline specific procedures for levy payments, monthly and annual returns, and the appointment of authorized agents to facilitate compliance with the Act.

Scope and Application

The Apple and Pear Levy Collection Regulations, made under the Apple and Pear Levy Collection Act 1976, govern the collection of levies on apples and pears in Australia. These regulations apply to individuals and entities involved in the purchase, sale, or use of apples and pears, specifically quantity purchasers, dealers, and growers. The geographic scope of these regulations is national, as they apply across all states and territories within Australia. The regulations outline the manner in which levies and other moneys must be paid to the Commonwealth, specifying that payments should be directed to the Collector of Public Moneys at the Department of Primary Industry in Canberra. Monthly and annual returns are required from relevant parties, detailing the quantities of fruit purchased, sold, or used, and the corresponding levies payable. These returns must be lodged with the Secretary at the Department of Primary Industry in Canberra. The regulations also allow for the appointment of authorized agents to sign declarations on behalf of the required parties and mandate the keeping of proper records by quantity purchasers, dealers, and growers, with penalties for non-compliance or the provision of false information.

Key Provisions

The Apple and Pear Levy Collection Regulations, 1977, under the Apple and Pear Levy Collection Act 1976, establish the procedures for the collection of levies on apples and pears. These regulations define key terms, such as "authorized agent," and set out the specific requirements for levy payments and the submission of returns. For example, regulation 4 states that payments for the levy and other monies payable to the Commonwealth must be made to the Collector of Public Moneys at the Department of Primary Industry in Canberra. Regulation 5 mandates that quantity purchasers, dealers, and growers submit monthly returns by the 28th day of the next month, detailing the quantities of fruit purchased, sold, or used, and the applicable levy amounts. This is further clarified in regulation 6, which requires growers to submit annual returns if they sell 500 or more boxes of fruit by retail sale or use the fruit in the production of fruit juice or other goods. The regulations impose specific obligations on the parties involved, including the timely submission of accurate returns and the keeping of detailed records. For instance, regulation 5(1) requires monthly returns to be submitted by quantity purchasers, dealers, and growers, containing specified particulars such as the full name and address of the party, the month in question, and the quantities of fruit involved. Regulation 6(1) similarly requires annual returns from growers who sell a significant volume of fruit. Regulation 11 mandates that quantity purchasers and dealers maintain records of the quantities of fruit purchased or sold for specific purposes, while growers must keep records of their fruit sales and usage in the production of goods. The Apple and Pear Levy Collection Regulations impose penalties for non-compliance. Regulation 10 provides that any person who furnishes a return or other information that is false or misleading in a material particular shall incur a penalty of $200. Additionally, regulation 11(1) and (2) stipulate that quantity purchasers and dealers, as well as growers, must keep proper records. Failure to do so also results in a penalty of $200. These penalties serve as a deterrent to ensure compliance with the regulations and the accurate reporting of levy-related activities.

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Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.