Dried Vine Fruits Contributory Charges Act 1964

Legislation au C1964A00043 Not in force Act

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DRIED VINE FRUITS CONTRIBUTORY CHARGES.

 

No. 43 of 1964.

An Act to impose Contributory Charges upon certain Dried Vine Fruits.

[Assented to 28th May, 1964.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Dried Vine Fruits Contributory Charges Act 1964.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Collection Act to be read as one with this Act.

3. The Dried Vine Fruits Contributory Charges (Collection) Act 1964 shall, for the purposes of interpretation, be read as one with this Act.

Interpretation.

4.—(1.) In this Act, unless the contrary intention appears—

“charge” means contributory charge imposed by this Act;

“season” means a season to which the Dried Vine Fruits Stabilization Act 1964 applies.

(2.) Expressions used in this Act that are defined by section three of the Dried Vine Fruits Stabilization Act 1964 have the same meanings as they have in that Act.

Imposition of charges.

5.—(1.) Subject to this Act, where—

(a) the quantity of currants of a season received for packing exceeds eight thousand tons; and

(b) the average return for currants of that season exceeds the cost of production by more than Five pounds,

a contributory charge is imposed on currants of that season received for packing.

(2.) Subject to this Act, where—

(a) the quantity of sultanas of a season received for packing exceeds fifty thousand tons; and


(b) the average return for sultanas of that season exceeds the cost of production by more than Five pounds,

a contributory charge is imposed on sultanas of that season received for packing.

(3.) Subject to this Act, where—

(a) the quantity of raisins of a season received for packing exceeds six thousand tons; and

(b) the average return for raisins of that season exceeds the cost of production by more than Five pounds,

a contributory charge is imposed on raisins of that season received for packing.

Incidence of charges.

6.—(1.) Where any fruit received for packing has been purchased by the packer or received by him under a contract or arrangement that permits or requires him to sell, or arrange for the sale of, the packed fruit derived from the fruit received for packing and to receive the net proceeds of the sale, the packer is liable to pay the charge on the fruit received for packing.

(2.) Where the last preceding sub-section does not apply, the grower of the fruit received for packing is liable to pay the charge on that fruit.

Declaration that charge not payable.

7. If, in relation to currants, sultanas or raisins of a season—

(a) it is found, when the average return has been determined, that charge is not payable; or

(b) the Minister is satisfied, at any time before the average return has been determined, that charge will not be payable,

the Minister shall, by notice published in the Gazette, declare that charge is not payable in respect of currants, sultanas or raisins, as the case may be, of that season, and, after the publication of that notice, charge is not payable in respect of currants, sultanas or raisins, as the case may be, of that season.

Rates of the charges.

8.—(1.) If, when the average return in respect of currants, sultanas or raisins of a season has been determined, charge is found to be payable in respect of currants, sultanas or raisins, as the case may be, of that season, the Minister shall, by notice published in the Gazette—

(a) declare that charge is so payable; and

(b) declare the rate of the charge, as determined by him in accordance with the succeeding provisions of this section,

and, after publication of the notice, charge is payable as declared by the notice and at the rate declared by the notice.


(2.) The rate per ton of the charge on currants, sultanas or raisins of a season shall, subject to the next succeeding sub-section, be determined in accordance with the formula:—

where—

“A” is the number that, in the opinion of the Minister, is the number of tons of currants, sultanas or raisins, as the case may be, received for packing from which were derived the packed currants, packed sultanas or packed raisins of the season that have been, or will be, sold;

“B” is the average return for currants, sultanas or raisins, as the case may be, of the season;

“C” is the cost of production of currants, sultanas or raisins, as the case may be, of the season; and

“D” is a number equal to the number of tons of currants, sultanas or raisins, as the case may be, of the season received for packing.

(3.) Where the rate per ton of any charge as ascertained in accordance with the formula contained in the last preceding sub-section would exceed Ten pounds, the rate per ton of the charge to be determined by the Minister shall be Ten pounds.

Provisional charge.

9. For the purpose of securing the collection of the charges imposed by this Act, provisional charge is imposed in accordance with the provisions of the Dried Vine Fruits Contributory Charges (Collection) Act 1964.

 

Overview

The Dried Vine Fruits Contributory Charges Act 1964 was enacted to address the need for financial contributions from the dried vine fruits industry to support industry-specific activities and initiatives. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into operation on the day it received Royal Assent. The primary objective of this Act is to impose contributory charges on certain dried vine fruits, specifically currants, sultanas, and raisins, under certain conditions, thereby ensuring that the industry contributes to its own stabilisation and development efforts. The Act works in conjunction with the Dried Vine Fruits Contributory Charges (Collection) Act 1964, which outlines the mechanisms for collecting these charges. The incidence of these charges falls on either the packer or the grower, depending on the contractual arrangements in place. The Act also provides a framework for determining the rate of these charges based on specified factors such as the quantity of fruit received for packing, the average return, and the cost of production.

Scope and Application

The Dried Vine Fruits Contributory Charges Act 1964 applies to the imposition of contributory charges on specific dried vine fruits—namely currants, sultanas, and raisins—when certain conditions are met during a given season. The Act targets packers and growers of these fruits, imposing a charge when the quantity of fruit received for packing exceeds specified thresholds and the average return exceeds the cost of production by more than Five pounds. The charge is levied on the packer if they have purchased the fruit or have an arrangement that allows them to sell the packed fruit and receive the net proceeds; otherwise, the grower is liable. The Act applies nationally across the Commonwealth of Australia and operates in conjunction with the Dried Vine Fruits Contributory Charges (Collection) Act 1964, which outlines the mechanisms for collecting these charges. The rates of the charges are determined by the Minister and are subject to a maximum of Ten pounds per ton, as specified in the Act. The Minister also has the authority to declare when a charge is not payable, which occurs if it is determined post-season that no charge is due, or if the Minister is satisfied pre-season that no charge will be payable.

Key Provisions

The Dried Vine Fruits Contributory Charges Act 1964 (sections 5 and 6) imposes a contributory charge on certain dried vine fruits—namely, currants, sultanas, and raisins—if the quantity received for packing exceeds specified thresholds and the average return for the season exceeds the cost of production by more than five pounds. The packer is liable for the charge if they purchased the fruit or are entitled to the net proceeds of its sale. If neither condition applies, the grower is liable. The Act also allows the Minister to declare a charge not payable if it is determined that no charge is due or if the Minister is satisfied before the average return is determined (section 7). The Act imposes obligations on packers and growers to ensure the correct party pays the contributory charge, depending on the circumstances under which the fruit was received for packing. Section 6 delineates these obligations clearly, and the Act stipulates that if the packer has the right to sell the fruit and receive the proceeds, they are responsible for the charge. Conversely, if the packer does not have these rights, the grower is liable. Sections 8 and 9 detail the process for determining the rate of the charge and the imposition of a provisional charge to secure collection. The rate per ton is determined by a specific formula, ensuring the charge does not exceed ten pounds per ton. The provisional charge mechanism is governed by the Dried Vine Fruits Contributory Charges (Collection) Act 1964. Breaches of the provisions of the Act may result in legal consequences. While the Act does not explicitly state penalties, it is reasonable to infer that failure to comply with the charge imposition and payment requirements could lead to enforcement actions by the Minister. Given the context of the Act, penalties could potentially include fines or other civil remedies to ensure compliance with the charge obligations.

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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.