Dried Fruits Levy Collection Regulations

Legislation au C1971L00165 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1971 No. 165

REGULATIONS UNDER THE DRIED FRUITS LEVY COLLECTION ACT 1971.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dried Fruits Levy Collection Act 1971.

Dated this ninth day of December, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

(SGD.) IAN SINCLAIR

Minister of State for Primary Industry.

DRIED FRUITS LEVY COLLECTION REGULATIONS

Citation.

1. These Regulations may be cited as the Dried Fruits Levy Collection Regulations.

Definition of “return period”.

2. In these Regulations, unless the contrary intention appears, “return period” means—

(a) the period of nine months that ended on the thirtieth day of September, 1971; or

(b) the period of twelve months ending on the thirtieth day of September in a subsequent year.

Manner of payment of levy, &c.

3. Payment of levy or other amounts payable to the Commonwealth under the Dried Fruits Levy Collection Act 1971 shall be made to the Collector of Public Moneys, Department of Primary Industry, at the office of that Department in Canberra.

Proper records to be kept.

4.—(1.) The proprietor of a packing house shall keep records showing, in respect of dried fruits received at that packing house on a day—

(a) the name and address of each grower of dried fruits from whom dried fruits are received at that packing house on that day for packing; and

(b) the quantity of each variety of dried fruits so received from each such grower.

Penalty: Two hundred dollars.

(2.) A person who has kept records under the last preceding sub-regulation shall retain those records for at least three years after the day to which they relate.

Penalty: Two hundred dollars.

(3.) For the purpose of sub-regulation (1.) of this regulation, dried apricots, dried pears, dried peaches dried nectarines, dried plums, dried currant grapes, dried sultana grapes and dried raisin grapes are each a variety of dried fruits.

* Notified in the Commonwealth Gazette on 1971.

21299/71—Price 8c 10/2110.1971


Annual returns.

5. The proprietor of a packing house shall, on or before the thirtieth day of November in a season, furnish to the Secretary a return, in accordance with Form 1 in the Schedule to these Regulations, of all dried fruits that were received for packing at that packing house during the return period that ended on the preceding thirtieth day of September.

Authorized agents.

6.—(1.) The proprietor of a packing house may appoint a person to be his authorised agent for the purpose of executing, from time to time, on his behalf, declarations on forms in accordance with Form 1 in the Schedule to these Regulations.

(2.) An appointment under the last preceding sub-regulation—

(а) shall be in accordance with Form 2 in the Schedule to these Regulations; and

(b) shall be furnished to the Secretary.

THE SCHEDULE

Form 1 Regulation 5.

Commonwealth of Australia

Dried Fruits Levy Collection Act

RETURN OF DRIED FRUITS RECEIVED AT A PACKING HOUSE

Name of Packing House

Address of Packing House

Name of Proprietor

Particulars of dried fruits received for packing at the abovementioned packing house are as follows:—

A. Dried fruits received during the return period that ended on 30th September, 19  being dried fruits of the season that commenced on 1st January in that year—

Variety

Weight

Rate of Levy Per Ton

Levy Payable

Currants...................

 

 

 

Raisins....................

 

 

 

Sultanas...................

 

 

 

Apricots...................

 

 

 

Nectarines.................

 

 

 

Peaches...................

 

 

 

Pears.....................

 

 

 

Plums (Prunes)..............

 

 

 

 

Total Levy Payable..................$.............................


B. Dried fruits received during that return period, being dried fruits of the season that commenced on 1st January in the preceding year—

Variety

Weight

Rate of Levy Per Ton

Levy Payable

Currants...................

 

 

 

Raisins....................

 

 

 

Sultanas...................

 

 

 

Apricots...................

 

 

 

Nectarines.................

 

 

 

Peaches...................

 

 

 

Pears.....................

 

 

 

Plums (Prunes)..............

 

 

 

 

Total Levy Payable..................$...............................

DECLARATION

I, (full name and address of declarant)

declare—

1. That I am (the authorised agent of) the proprietor of the abovementioned packing house.

2. That the information contained in the above return is true in every particular.

Declared at this day

of , 19

(Signature of Declarant)

(Signature of Witness)

(Address and occupation of Witness)

Form 2

Commonwealth of Australia Regulation 6.

Dried Fruits Levy Collection Act

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the Department of Primary Industry at Canberra:—

I, (full name and address of proprietor),

being the proprietor of the Packing

House at

hereby appoint (full name, occupation and address of authorized agent),

a specimen of whose signature appears on this appointment, to be my authorized agent for the purposes of executing, from time to time, on my behalf, declarations on forms in accordance with Form 1 in the Schedule to the Dried Fruits Levy Collection Regulations.

Dated at this day

of , 19 .

(Signature of Proprietor)

(Signature of Witness)

(Address and occupation of Witness)

(Signature of Agent)

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Dried Fruits Levy Collection Act 1971 was enacted to address the need for systematic collection of levies on dried fruits processed and packed in Australia. This legislation was brought into force by the Australian Government, specifically through statutory rules under the Act, to establish a structured approach to levy collection. The policy objective of the Act was to ensure that levies on dried fruits are collected efficiently and accurately, thereby supporting related industry activities and research. The Act allows for the regulation of levy collection processes, including the appointment of authorised agents and the maintenance of detailed records by packing house proprietors. These regulations aim to streamline the administration of levies and ensure compliance by industry participants.

Scope and Application

The Dried Fruits Levy Collection Regulations made under the Dried Fruits Levy Collection Act 1971 apply to proprietors of packing houses that handle dried fruits in Australia. These regulations mandate the keeping of detailed records concerning the dried fruits received at the packing house, including the name and address of each grower and the quantity of each variety of dried fruits. The records must be retained for at least three years, and failure to comply with these requirements incurs a penalty of two hundred dollars. Additionally, proprietors must submit annual returns detailing the dried fruits received during specific return periods. Payment of any levies or other amounts payable to the Commonwealth must be made to the Collector of Public Moneys, Department of Primary Industry, at their office in Canberra. The regulations also allow proprietors to appoint authorised agents to execute declarations on their behalf, with such appointments being subject to specific forms and procedures. These regulations extend across the Commonwealth, covering the entire nation, and are enforced through the issuance of subordinate instruments and forms as outlined in the schedule.

Key Provisions

The Dried Fruits Levy Collection Regulations, made under the Dried Fruits Levy Collection Act 1971, establish the procedural framework for the collection of levies on dried fruits. Section 3 specifies that all levies payable to the Commonwealth must be made to the Collector of Public Moneys at the Department of Primary Industry in Canberra. Section 4 requires the proprietor of a packing house to maintain records detailing the sources and quantities of dried fruits received. These records must include the name and address of each grower and the quantity of each variety of dried fruits received, with a specific penalty of two hundred dollars for non-compliance (Section 4(1)). The proprietor must also retain these records for at least three years, with a similar penalty for failure to do so (Section 4(2)). The obligations imposed on the parties governed by these regulations are primarily administrative and record-keeping in nature. According to Section 4(1), packing house proprietors must meticulously document all transactions involving dried fruits, including the variety and quantity received from each grower. This requirement ensures transparency and traceability in the supply chain. Section 5 mandates that proprietors submit an annual return detailing all dried fruits received for packing during the specified return period. This return must be furnished to the Secretary and should follow the format outlined in Form 1, which is detailed in the Schedule to these Regulations. Section 6 allows for the appointment of authorised agents to execute declarations on behalf of the proprietor, as per Form 2 in the Schedule. Breaches of the regulations outlined in these statutes attract significant penalties. For instance, under Section 4(1), failure to maintain proper records regarding the receipt of dried fruits carries a penalty of two hundred dollars. Similarly, under Section 4(2), not retaining these records for the required period also incurs a penalty of two hundred dollars. These financial penalties underscore the importance of compliance with the record-keeping requirements established by the regulations.

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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.