Statutory Rules
1980 No. 12
REGULATIONS UNDER THE APPLE AND PEAR LEVY COLLECTION ACT 19761
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 thirtieth day of January 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Primary Industry
Amendments of the Apple and Pear Levy Collection Regulations2
Authorized agent
1. Regulation 8 of the Apple and Pear Levy Collection Regulations is amended by omitting from sub-regulation (2) “the Schedule” and substituting “Schedule 1”.
2. After regulation 11 of the Apple and Pear Levy Collection Regulations the following regulation is inserted:
Form of warrant for authorized person to enter premises
“12. The form of warrant for the purposes of section 10 of the Act is the form in Schedule 2.”.
Amendment of the Schedule
3. The Schedule to the Apple and Pear Levy Collection Regulations is amended by omitting “SCHEDULE” and substituting “SCHEDULE 1”.
Schedule 2
4. The Apple and Pear Levy Collection Regulations are amended by adding at the end thereof the following Schedule:
SCHEDULE 2 Regulation 12
APPLE AND PEAR LEVY COLLECTION ACT 1976
WARRANT UNDER SECTION 10
To: (full name) , an authorized person for the purposes of section 10 of the Apple and Pear Levy Collection Act 1976.
WHEREAS, on an application under sub-section 10 (2) of that Act in relation to premises
at
I, (full name) , a Justice of the Peace, am satisfied, by information on oath (or affirmation) —
*(a) that there is reasonable ground for believing that there is on those premises fruit on which levy imposed by the Apple and Pear Levy Act 1976 is, or may become, payable; and
*(a) that there is reasonable ground for believing that there are on those premises books, documents or papers relating to fruit on which levy imposed by the Apple and Pear Levy Act 1976 is, or may become, payable; and
(b) that the issue of a warrant is reasonably required for the purposes of the Apple and Pear Levy Collection Act 1976:
YOU ARE HEREBY AUTHORIZED, with such assistance as you think necessary, to enter the premises at , during the hours of (or at any time), if necessary by force, for the purpose of exercising the functions of an authorized person under section 10 of the Apple and Pear Levy Collection Act 1976.
Dated this day of 19 .
Justice of the Peace
* Omit whichever is inapplicable
1. Notified in the Commonwealth of Australia Gazette on 4 February 1980.
2. Statutory Rules 1977 No. 131.
Overview
The Apple and Pear Levy Collection Regulations 1980, made under the Apple and Pear Levy Collection Act 1976, were introduced to address the administrative and procedural needs of levy collection for apples and pears in Australia. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations aim to streamline the process by which authorised persons can access premises to collect levies and related documentation. This legislative instrument ensures that the collection of levies is conducted efficiently and legally, thereby supporting the overall policy objective of maintaining an effective and transparent levy system for the apple and pear industry.
Scope and Application
The Apple and Pear Levy Collection Regulations 1980, made under the Apple and Pear Levy Collection Act 1976, apply to any individual or entity involved in the handling, production, or distribution of apples and pears within Australia. These regulations specifically pertain to the collection of levies on these fruits, ensuring that the appropriate taxes are assessed and collected in accordance with the Act. They have a national reach, applying across all states and territories in Australia. The regulations define the procedures for levy collection, including the appointment of authorized persons and the issuance of warrants for entry and inspection of premises to verify compliance with the Act. Additionally, the regulations allow for the creation of subordinate instruments that can further specify details such as the form of warrants and the processes for levy collection, thereby extending and detailing the application of the primary legislation.
Key Provisions
The key provisions of the Apple and Pear Levy Collection Regulations 1980 involve amendments to the existing regulations under the Apple and Pear Levy Collection Act 1976. Regulation 8 is amended to specify that references to "the Schedule" in sub-regulation (2) should instead read "Schedule 1" (regulation 1). Furthermore, a new regulation 12 is inserted, which prescribes the form of the warrant for an authorized person to enter premises as outlined in section 10 of the Act (regulation 2). Lastly, the existing Schedule to the regulations is amended by substituting "SCHEDULE" with "SCHEDULE 1" (regulation 3). Schedule 2, which is added to the regulations, provides the form of the warrant for authorized persons to enter premises, specifying the requirements for a Justice of the Peace to issue such a warrant (regulation 4).
These regulations impose specific obligations on authorized persons and Justices of the Peace. Authorized persons must now use the prescribed form of warrant (Schedule 2) when entering premises to exercise their functions under section 10 of the Act. Justices of the Peace, when issuing a warrant, must be satisfied by information on oath or affirmation that there are reasonable grounds to believe that there is fruit on the premises subject to the levy and that books, documents, or papers related to the levy are present. Additionally, the Justice of the Peace must determine that the issuance of a warrant is reasonably required for the purposes of the Act.
The regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, given the nature of the Apple and Pear Levy Collection Act 1976, it is reasonable to infer that unauthorized entry or misuse of a warrant could lead to legal consequences under the Act. The Act itself may provide for specific penalties for non-compliance, which would apply to breaches of these regulations.