Dried Sultana Production Underwriting Amendment Act 1985

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Dried Sultana Production Underwriting Amendment Act 1985

No. 31 of 1985

 

An Act to amend the Dried Sultana Production Underwriting Act 1982

[Assented to 22 May 1985]

[Date of commencement 19 June 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Dried Sultana Production Underwriting Amendment Act 1985.

(2) The Dried Sultana Production Underwriting Act 19821 is in this Act referred to as the Principal Act.

Heading to Part I

2. Before section 1 of the Principal Act the following heading is inserted:

“PART I—PRELIMINARY”.

Interpretation

3. Section 3 of the Principal Act is amended—

(a) by inserting after the definition of “dried sultanas” in sub-section (1) the following definitions:

“‘export’ means export from Australia;


‘exported packed dried sultanas’ means—

(a) packed dried sultanas that, having been sold in Australia for delivery to a place outside Australia or for delivery to a ship or aircraft for export, have been exported in pursuance of the contract of sale; or

(b) packed dried sultanas (not being packed dried sultanas referred to in paragraph (a)) that have been exported for the purpose of sale outside Australia and have been so sold;

‘export sale’, in relation to exported packed dried sultanas, means the sale of those sultanas by virtue of which they became, or became on export, exported packed dried sultanas;”;

(b) by inserting after the definition of “packing house” in sub-section (1) the following definition:

“‘prescribed later season’ means the season commencing on 1 January 1986, or any of the next 4 succeeding seasons;”;

(c) by omitting “4” from the definition of “prescribed season” in sub-section (1) and substituting “3”;

(d) by inserting after the definition of “prescribed season” in sub-section (1) the following definition:

“‘published average export return rate’, in relation to dried sultanas with respect to a season, means the amount per tonne specified in the relevant determination published in the Gazette under section 9a;”;

(e) by inserting after the definition of “published average return rate” in sub-section (1) the following definition:

“‘published guaranteed minimum export return rate’, in relation to dried sultanas with respect to a season, means the amount per tonne specified in the relevant determination published in the Gazette under section 9d;”;

(f) by inserting “or 9g” after “section 9” in the definition of “underwriting payment” in sub-section (1); and

(g) by inserting “or 9f” after “section 8” in the definition of “underwriting season” in sub-section (1).

Heading to Part II

4. Before section 4 of the Principal Act the following heading is inserted:

“PART II—UNDERWRITING FOR PRESCRIBED SEASONS”.


5. After section 9 of the Principal Act the following Part and heading are inserted:

“PART III— UNDERWRITING FOR PRESCRIBED LATER SEASONS

Average export return rate for season

“9a. (1) As soon as practicable after the end of a prescribed later season, the Minister shall, in accordance with section 9b, determine an amount per tonne that is to be the average export return rate for dried sultanas in respect of that season.

“(2) When the Minister has determined an amount per tonne that is to be the average export return rate for dried sultanas in respect of a prescribed later season, the Minister shall publish in the Gazette a notice setting out that determination.

Method of determination of average export return rate

“9b. For the purpose of determining an amount per tonne that is to be the average export return rate for dried sultanas in respect of a season, the Minister shall—

(a) ascertain the aggregate of the amounts of the corrected proceeds of export sales of exported packed dried sultanas derived from dried sultanas received into packing houses during that season and exported; and

(b) divide the amount so ascertained by a number equal to the number of tonnes of packed dried sultanas the subject of those sales.

Reduction factor for prescribed later season

“9c. (1) The Minister shall, at the time at which he or she determines under section 9a an amount per tonne that is to be the average export return rate for dried sultanas in respect of a prescribed later season, determine, in accordance with this section, the reduction factor for dried sultanas in respect of that season.

“(2) For the purpose of determining the reduction factor for dried sultanas in respect of a prescribed later season, the Minister shall—

(a) ascertain the total number of tonnes of dried sultanas received into packing houses during that season;

(b) ascertain the total number of tonnes of packed dried sultanas packed for sale at those packing houses that were derived from the dried sultanas referred to in paragraph (a); and

(c) divide the number referred to in paragraph (b) by the number referred to in paragraph (a).

“(3) When the Minister has determined the reduction factor for dried sultanas in respect of a prescribed later season, the Minister shall publish in the Gazette a notice setting out that determination.


Guaranteed minimum export return rate for prescribed later season

“9d. (1) As soon as practicable after the commencement of this Act, the Minister shall, in accordance with this section, determine an amount per tonne that is to be the guaranteed minimum export return rate for dried sultanas in respect of the prescribed later season commencing on 1 January 1986.

“(2) As soon as practicable after the end of a prescribed later season (other than the season commencing on 1 January 1990), the Minister shall, in accordance with this section, determine an amount per tonne that is to be the guaranteed minimum export return rate for dried sultanas in respect of the next succeeding prescribed season.

“(3) For the purpose of determining an amount per tonne that is to be the guaranteed minimum export return rate for dried sultanas in respect of a prescribed later season, the Minister shall—

(a) ascertain the aggregate of the amounts of the corrected proceeds of export sales of exported packed dried sultanas derived from dried sultanas received into packing houses during the 3 seasons immediately preceding that season and exported;

(b) divide the amount so ascertained by a number equal to the number of tonnes of exported packed dried sultanas the subject of those sales; and

(c) deduct from the amount calculated in accordance with paragraph (b) an amount equal to 20% of the amount so calculated.

“(4) Where the Minister has determined the guaranteed minimum export return rate for a prescribed later season, the Minister shall publish in the Gazette a notice specifying the rate so determined.

Export sales

“9e. For the purpose of determining an amount per tonne under section 9b or sub-section 9d (3), the Minister may, if the Minister considers it appropriate, have regard only to export sales of exported packed dried sultanas exported by persons selected by the Minister having regard to their representative character in relation to the industry as a whole.

Amount of corrected proceeds of export sale

“9f. For the purposes of paragraphs 9b (a) and 9d (3) (a), the amount of the corrected proceeds of an export sale of exported packed dried sultanas shall be taken to be the amount of the proceeds of that sale less an amount equal to the amount of any costs, charges or expenses that, in the opinion of the Minister, were necessarily incurred in respect of that sale by reason of the carriage of the sultanas from the port or airport of export to a place outside Australia, including—

(a) the insuring of the sultanas in respect of any period after they were placed on board a ship or aircraft for export; and

(b) any moving, handling or processing of, or any dealing in, the sultanas after they were placed on board a ship or aircraft for export.


Underwriting seasons—prescribed later seasons

“9g. Where the published average export return rate for dried sultanas in respect of a prescribed later season is less than the published guaranteed minimum export return rate for dried sultanas in respect of that season, that season is an underwriting season for the purposes of this Act.

Underwriting payments to producers—prescribed later season

“9h. (1) Where—

(a) a prescribed later season is an underwriting season; and

(b) dried sultanas produced by a producer were received into a packing house during that season,

an underwriting payment is payable to that producer in respect of those dried sultanas.

“(2) The rate of an underwriting payment under sub-section (1) is an amount per tonne equal to the amount by which the amount per tonne that constitutes the published average export return rate for dried sultanas in respect of the underwriting season is less than the amount per tonne that constitutes the published guaranteed minimum export return rate for dried sultanas in respect of the underwriting season.

“(3) The amount of an underwriting payment under sub-section (1) is an amount equal to the product of—

(a) the amount per tonne that is the rate of the underwriting payment;

(b) the number of tonnes of the dried sultanas; and

(c) the reduction factor, calculated in accordance with section 9c, for dried sultanas in respect of the underwriting season.

“PART IV—MISCELLANEOUS”.

Amendments relating to sexist language

6. The Principal Act is amended as set out in the Schedule.

 


SCHEDULE Section 6

AMENDMENTS RELATING TO SEXIST LANGUAGE

Section 4—

Omit “he” (wherever occurring), substitute “the Minister”.

Sub-section 5 (2)—

Omit “he”, substitute “the Minister”.

Sub-section 6 (1)—

Insert “or she” after “he”.

Sub-section 6 (3)—

Omit “he”, substitute “the Minister”.

Sub-section 7 (4)—

Omit “him”, substitute “the Minister”.

Sub-section 7 (6)—

Omit “he”, substitute “the Minister”.

Sub-section 11 (2)—

Omit “he”, substitute “the person”.

Paragraph 13 (4) (c)—

Omit “him”, substitute “the packer”.

Sub-section 16 (2)—

(a) Omit “he”, substitute “the person”.

(b) Omit “him”, substitute “the person”.

Sub-section 16 (3)—

(a) Omit “he”, substitute “the person”.

(b) Omit “him” (wherever occurring), substitute “the person”.

Sub-section 16 (4)—

Omit “his knowledge”, substitute “the knowledge of the person”.

Sub-section 17 (1)—

(a) Omit “his knowledge”, substitute “the knowledge of the person”.

(b) Omit “him” (wherever occurring), substitute “the person”.

Section 18—

Omit “him” (wherever occurring), substitute “the person”.

Paragraph 19 (1) (a)—

(a) Omit “him”, substitute “the packer”.

(b) Omit “his operations”, substitute “the operations of the packer”.


SCHEDULE—continued

Sub-section 20 (3)—

Omit “he”, substitute “the authorized person”.

Sub-section 20 (5)—

Omit “he”, substitute “the authorized person”.

Section 22—

Insert “or her” after “him”.

 

NOTES

1. No. 6, 1982.

2. On the commencement of this Act, the heading of section 6 of the Principal Act is altered to “Reduction factor for prescribed season”.

3. On the commencement of this Act, the heading of section 8 of the Principal Act is altered to “Underwriting seasons—prescribed seasons”.

4. On the commencement of this Act, the heading to section 9 of the Principal Act is altered to “Underwriting payments to producers—prescribed seasons”.

 

[Minister’s second reading speech made in—

House of Representatives on 17 April 1985

Senate on 9 May 1985]

Overview

The Dried Sultana Production Underwriting Amendment Act 1985 was enacted by the Commonwealth Parliament to amend the Dried Sultana Production Underwriting Act 1982, addressing the need for updated provisions concerning the underwriting of dried sultana production. The Act was assented to on 22 May 1985 and commenced on 19 June 1985. Its primary objective is to introduce amendments that refine the definitions and processes related to underwriting payments for dried sultanas, ensuring that the framework remains relevant and effective for the industry. This includes the introduction of new definitions and provisions related to export sales, average export return rates, and guaranteed minimum export return rates for specified later seasons, as well as adjustments to sexist language within the original Act to ensure gender neutrality.

Scope and Application

The Dried Sultana Production Underwriting Amendment Act 1985 amends the Dried Sultana Production Underwriting Act 1982, with the amendments coming into effect on 19 June 1985. This Act applies to individuals and entities involved in the production, packing, and export of dried sultanas, specifically targeting the dried sultana industry in Australia. It extends to the determination of average and guaranteed minimum export return rates for these commodities, ensuring that producers receive fair compensation when export returns fall below a guaranteed threshold. The Act applies across Australia, as it pertains to exports from the country. It does not explicitly state exclusions or exemptions, but the provisions are targeted at the specified industry. The Act allows for the extension of its application through subordinate instruments, such as regulations or determinations made by the Minister, which could specify details like the calculation methods for export rates and the identification of representative exporters.

Key Provisions

The Dried Sultana Production Underwriting Amendment Act 1985 amends the Dried Sultana Production Underwriting Act 1982 by introducing new provisions for underwriting in the prescribed later seasons (sections 9a to 9h). The main operative sections of this amendment are concerned with the determination and publication of average and guaranteed minimum export return rates for dried sultanas, the calculation of underwriting payments, and the conditions under which these payments are made. Specifically, section 9a mandates that the Minister determine the average export return rate for dried sultanas at the end of each prescribed later season, while section 9d requires the determination of the guaranteed minimum export return rate for the first prescribed later season and subsequent seasons. These determinations must be published in the Gazette, as stipulated in sections 9a(2) and 9d(4). Section 9b outlines the methodology for calculating the average export return rate, and section 9c details the process for determining the reduction factor for packed dried sultanas. Underwriting payments are governed by sections 9g and 9h, which establish that such payments are made if the average export return rate falls below the guaranteed minimum export return rate and that the rate of payment is based on the difference between these two rates, adjusted by the reduction factor. The Act imposes several obligations on the parties it governs. For instance, it mandates the Minister to determine and publish the average and guaranteed minimum export return rates, as well as the reduction factor, for prescribed later seasons (sections 9a, 9b, 9c, and 9d). Producers of dried sultanas are entitled to underwriting payments if the conditions outlined in sections 9g and 9h are met. Additionally, the Minister has the discretion to select representative export sales for the purposes of calculating export return rates (section 9e). The Act also requires the Minister to adjust the proceeds of export sales to account for certain export-related costs and expenses (section 9f). Breach of the provisions of this Act may result in civil or criminal consequences. However, the specific offences, penalties, or consequences are not detailed within the provided text. Generally, breaches of statutory provisions can result in fines, imprisonment, or both, depending on the severity of the breach and the specific legislation under which the offence is prosecuted. The maximum penalties would typically be stipulated in the relevant sections of the Act or in related legislation. It is advisable to consult the full text of the Act and relevant case law for precise details on the penalties associated with breaches of this Act.

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