Apple and Pear Levy Collection Regulations

Legislation au C1976L00297 Regulations Not in force Legislative Instrument

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Statutory Rules

1976 No. 297

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 twenty-third day of December, 1976.

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.

Commencement.

2. These Regulations shall come into operation on 1 January 1977.

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 the grower;

(b) a person who is a dealer has sold fruit on behalf of the 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.

(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

* Notified in the Australian Government Gazette on 30 December 1976.


the 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;

(c) 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; and

(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 year next following the first-mentioned 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; and

(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 each month for use in the production of fruit juice;

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

(c) the quantity of each kind of fruit so purchased or so sold 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 1976 were enacted under the Apple and Pear Levy Collection Act 1976, addressing the need for a systematic approach to collecting levies on apples and pears in Australia. These regulations were established by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The regulations aim to streamline the collection of levies, ensuring that all stakeholders, including growers, quantity purchasers, and dealers, comply with reporting requirements and contribute their fair share of the levy to the Commonwealth. The policy objective is to facilitate accurate and timely collection of the levy while maintaining transparency and accountability in the reporting process.

Scope and Application

The Apple and Pear Levy Collection Regulations 1976, made under the Apple and Pear Levy Collection Act 1976, apply to growers, quantity purchasers, and dealers involved in the apple and pear industry. These regulations govern the collection of levies on apples and pears, the reporting requirements for transactions involving these fruits, and the maintenance of records related to these transactions. The regulations are applicable nationally as they are issued under a Commonwealth Act, thus having a jurisdictional reach across Australia. The regulations require monthly and annual returns to be lodged with the Department of Primary Industry in Canberra, detailing quantities of fruit purchased, sold, or used in production, as well as the applicable levies. These regulations do not explicitly state exclusions or thresholds but implicitly exclude those not involved in the purchase, sale, or production of apples and pears. The regulations also allow for the appointment of authorized agents to sign returns on behalf of growers, quantity purchasers, or dealers, with such appointments to be lodged at the Department of Primary Industry. The regulations include penalties for providing false or misleading information and for failing to keep proper records.

Key Provisions

The Apple and Pear Levy Collection Regulations (1976) under the Apple and Pear Levy Collection Act 1976 provide specific guidelines on how levies are to be collected and managed. These Regulations outline the manner in which levies and other monetary obligations under the Act must be paid (Regulation 4). They also detail the reporting requirements for quantity purchasers, dealers, and growers, stipulating that monthly and annual returns must be submitted to the Secretary of the Department of Primary Industry (Regulations 5 and 6). These returns must include specific details such as the full names and addresses of the parties involved, the quantity and type of fruit purchased, sold, or used, and the applicable levy amounts (Regulations 5(3) and 6(1)). Additionally, the Regulations allow for the appointment of authorized agents to sign declarations on behalf of the quantity purchasers, dealers, and growers (Regulation 8). The Regulations impose several obligations on the parties involved. Quantity purchasers and dealers must ensure they submit monthly returns if they have engaged in the purchase or sale of fruit from or on behalf of growers (Regulation 5). Even if no transactions occurred in a given month, a statement to that effect must be lodged (Regulation 5(2)). Growers are required to provide annual returns if their sales by retail or their use of fruit in production exceed 500 boxes in a year (Regulation 6). Additionally, these parties must maintain detailed records of their transactions and usage of fruit (Regulation 11). The Regulations also specify the proper format for appointing authorized agents (Regulation 8) and stipulate that any documents required to be signed by a company can be signed by a director or the company secretary (Regulation 9). Breaches of the Regulations can result in civil penalties. Specifically, providing false or misleading information in returns or other submissions to the Department of Primary Industry is an offence that carries a penalty of up to $200 (Regulation 10). Similarly, failure to maintain proper records as required by the Regulations also attracts a penalty of up to $200 (Regulation 11). These penalties are intended to ensure compliance with the levy collection process and the accurate reporting of fruit transactions.

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Commercial Law
Instrument
Regulation
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Definitions & Interpretation
Reporting & Disclosure Obligations
Penalty Provisions
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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.