Bounty (Berry Fruits) Regulations

Legislation au C2004L04038 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1982 NO. 377

BOUNTY (BERRY FRUITS) REGULATIONS

Issued by the Authority of the Minister for the Capital Territory acting for and on behalf of the Minister for Industry and Commerce.

The Bounty (Berry Fruits) Act 1982 provides assistance by way of a bounty scheme on the production in Australia of certain fresh berry fruits used for processing.

Sub-section 10(1) of the Act provides that processors of bountiable fruit must keep records containing particulars as are prescribed.

Section 11 of the Act provides that a producer of bountiable fruit may authorize a specified processor of bountiable fruit to act as his agent for the purpose of receiving bounty on his behalf.

The purpose of the regulations is to introduce regulations under the Act to prescribe:

  (i) particulars for the purposes of sub-section 10(1) of the Act; and

 (ii) the form of appointment of an authorized agent by a producer to receive bounty on his behalf for the purposes of section 11 of the Act.

Regulation 2

Defines the expression “the Act” for the purposes of the regulations.

Regulation 3

Specifies, for the purposes of sub-section 10(1) of the Act, the particulars prescribed in respect of each kind of bountiable fruit received by a processor, namely -

(a) where fruit is received from another processor -

  (i) the name and address of that processor; and

 (ii) the address and location of the place from which it was supplied;


(b) where fruit is received from a producer -

  (i) the name and address of the producer; and

 (ii) the address and location of the place where it was cultivated;

(c)   (i) the date on which the fruit was received by the processor; and

 (ii) its gross and net mass, in kilograms, as recorded at the time of receipt;

(d) if the net mass of fruit actually received differs from the net mass of fruit, in kilograms, recorded at the time of receipt - the net mass of fruit actually received;

(e) if any fruit is rejected at the time of receipt or prior to preparation for processing, the net mass of fruit, in kilograms, rejected and the reasons for its rejection;

(f) if any fruit is spoiled or wasted by the processor preparatory to processing, the net mass of fruit, in kilograms, spoiled or wasted;

(g) the net mass of fruit, in kilograms, subjected to the first or only process;

(h) details of the first or only process carried out at registered premises on the fruit received by the processor, including the date of completion;

(j) if any fruit is received for processing but otherwise disposed of, not being fruit to which paragraph (e) or (f) refers -

  (i) the net mass of fruit, in kilograms, so disposed of;

 (ii) whether it was suitable for processing;

(iii) the manner and purpose of its disposal;

(iv) the address and location of the place of its disposal;

 (v) the date of its disposal; and

(vi) the name and address of any person receiving the fruit disposed of.

Regulation 4

Provides, for the purposes of section 11 of the Act, that the notice of authorization of a processor to act as the agent of the producer shall be in accordance with the form in the Schedule.

Overview

The Bounty (Berry Fruits) Regulations 1982 were enacted by the Parliament to complement the Bounty (Berry Fruits) Act 1982, which was designed to support the production of certain fresh berry fruits in Australia that are used for processing purposes. The bounty scheme addresses the need to provide financial assistance to producers and processors of bountiable fruits, thereby encouraging the cultivation and processing of these fruits. The regulations were issued by the Minister for the Capital Territory, acting on behalf of the Minister for Industry and Commerce, with the objective of ensuring the efficient administration of the bounty scheme by establishing clear record-keeping requirements for processors and formalising the process of appointing authorised agents to receive bounty on behalf of producers. The Bounty (Berry Fruits) Regulations 1982 specifically prescribe the particulars that processors must record regarding the receipt and processing of bountiable fruits, and they detail the form and content of the authorisation for a processor to act as an agent for a producer in the bounty scheme. This regulation aims to streamline the bounty distribution process, ensuring transparency and accountability in the scheme's operation, and it aligns with the overarching policy objective of supporting the berry fruit industry in Australia.

Scope and Application

The Bounty (Berry Fruits) Regulations 1982, issued under the Bounty (Berry Fruits) Act 1982, pertain to the bounty scheme for the production of certain fresh berry fruits used for processing in Australia. This legislation applies to processors and producers of bountiable fruits, requiring them to maintain specific records as prescribed by the Act and enabling producers to authorize processors to act as their agents for bounty collection. The Act operates within the jurisdiction of the Commonwealth, specifically within the Australian Capital Territory, as authorised by the Minister for the Capital Territory. The regulations define the required details for record-keeping, such as the names, addresses, and locations of processors and producers, as well as the masses and dates of fruit received and processed. Exemptions and thresholds are not explicitly detailed in the provided text; however, the regulations extend their application by prescribing the form of appointment for authorized agents. Through these regulations, the Act ensures transparency and accountability in the bounty scheme for berry fruits.

Key Provisions

The Bounty (Berry Fruits) Regulations 1982 (C2004L04038) are subsidiary legislation to the Bounty (Berry Fruits) Act 1982. They detail specific requirements for record-keeping by processors of bountiable fruit and the process for appointing an authorized agent for the receipt of bounty. According to section 10(1) of the Act, processors are required to maintain records that include detailed particulars about the fruit they receive. This includes information on the source of the fruit, the date and mass of the fruit, any rejected or wasted fruit, and details of the processing carried out on the fruit (Regulation 3). Section 11 of the Act allows a producer to authorize a specified processor to act as their agent for receiving bounty. This authorization must follow the form prescribed in the Schedule to the regulations (Regulation 4). Under these regulations, processors must ensure that their records contain specific prescribed particulars for each type of bountiable fruit received. For instance, if fruit is received from another processor, the records must include the name and address of that processor and the location from which it was supplied. If fruit is received directly from a producer, the records must include the name and address of the producer and the cultivation location. Additionally, the records must detail the date the fruit was received, its gross and net mass, any discrepancies in the recorded mass, and any fruit that was rejected or spoiled (Regulation 3). These detailed record-keeping requirements ensure transparency and accountability in the bounty scheme. Producers can appoint a specified processor to act as their agent for receiving bounty by providing a notice of authorization in the prescribed form, as outlined in the Schedule to the regulations (Regulation 4). This form ensures that the authorization is clear and legally binding, allowing the processor to act on behalf of the producer in matters related to the bounty. Breach of the obligations outlined in the Bounty (Berry Fruits) Regulations 1982 could lead to civil or criminal consequences, though the specific penalties are not detailed in the provided text. Non-compliance with the record-keeping requirements could potentially result in penalties under the Bounty (Berry Fruits) Act 1982 or other related legislation, as these records are essential for the administration of the bounty scheme. Failure to provide accurate and complete records could also impact the producer’s eligibility for the bounty. Additionally, any misrepresentation in the authorization of an agent could lead to legal action against the parties involved.

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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.