Wine Grapes Charges Regulations

STATUTORY RULES.

1938. No. 26.

REGULATIONS UNDER THE WINE GRAPES CHARGES ACT 1929*

WHEREAS by section five of the Wine Grapes Charges Act 1929-1937 it is enacted that the Governor-General may, after report to the Minister by the Australian Wine Board constituted under the Wine Overseas Marketing Act 1929-1936, make Regulations for prescribing lower rates of the charge imposed on grapes intended for use in the manufacture of wine:

And whereas the Board has reported to the Minister that the rates of charge to be imposed on grapes intended for use in the manufacture of wine and delivered to a winery or distillery for use in the manufacture of wine should be the rates prescribed by the Regulations hereunder, being rates lower than the rates prescribed by the Wine Grapes Charges Act 1929-1937:

Now therefore 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 Wine Grapes Charges Act 1929-1937.

Dated this Tenth day of March ,1938.

(SGD) GOWRIE

Governor-General.

By His Excellency’s Command,

for Minister of State for Commerce.

––––––

Wine Grapes Charges Regulations.

Short title.

1. These Regulations may be cited as the Wine Grapes Charges Regulations.

Repeal.

2. The Wine Grapes Charges Regulations (being Statutory Rules 1929, No. 139, as amended by Statutory Rules 1931, No. 11; 1932, No. 5; and 1934, No. 148) are repealed.

Definition.

3. In these Regulations, “the Act” means the Wine Grapes Charges Act 1929-1937, and if at any time that Act is amended, includes that Act as so amended.

Rate of charge.

4. The rate of the charge imposed and to be levied and paid by the owner of any winery or distillery under section 3 of the Act on grapes delivered to a winery or distillery for use in the manufacture of wine—

(a) in respect of fresh grapes, shall be One shilling and three pence per ton; and

(b) in respect of dried grapes, shall be Three shillings and ninepence per ton.

* Notified in the Commonwealth Gazette on , 1938.

6586.—8/23.2.1938.—Price 3d.

Return as to grapes delivered.

5. The owner of any winery or distillery shall, within thirty days after the thirtieth day of June in each year, furnish to the Secretary, Department of Commerce, Canberra, a declaration, in accordance with Form A in the Schedule to these Regulations, and witnessed by one of the persons referred to in that Form, setting out the quantity of fresh grapes and dried grapes delivered to that winery or distillery for use in the manufacture of wine or in the making of spirit for the purpose of fortifying wine during the period of twelve months ending on that date and stating the names and addresses of the growers by whom those grapes were delivered.

Penalty: Fifty pounds.

Payment of charge.

6. Any moneys payable under section 3 of the Act shall be paid to the Collector of Public Moneys, Department of Commerce, Canberra.

False or misleading returns.

7. A person shall not make any false or misleading statement in any declaration furnished in pursuance of these Regulations.

Penalty: Fifty pounds.

Certificates of Secretary to be judicially noticed.

8. — (1.) In any proceedings under the Act or these Regulations, a certificate purporting to be signed by the Secretary, Department of Commerce, shall, until the contrary is proved, he deemed to have been duly signed by him.

(2.) Judicial notice shall he taken of every such signature and of the fact that the person whose signature it purports to be holds or has held the office of Secretary, Department of Commerce.

Certificate of failure to furnish statutory declarations.

9. In any proceedings against a person for failing to furnish a declaration in accordance with regulation 5 of these Regulations, a certificate in writing signed by the Secretary, Department of Commerce, certifying that the declaration has not been furnished by that person in accordance with that regulation, shall be prima facie evidence of the facts stated in the certificate.

Certificate in respect of charges imposed under section 3 of Act.

10. In any action against a person for the recovery of the charge imposed by section 3 of the Act, a certificate in writing signed by the Secretary, Department of Commerce, certifying that—

(a) the person named in the certificate is the owner of the winery or distillery named in the certificate;

(b) the particulars of grapes delivered to him during a year are as stated in the certificate;

(c) the particulars of grapes handled by him for use in the manufacture of wine during a year are as stated in the certificate; and

(d) the sum named in the certificate was at the date of the certificate due by him to the King on behalf of the Commonwealth in respect of the charge imposed by the Act,

shall be prima facie evidence of the facts stated in the certificate.

Venue in certain prosecutions.

11. A prosecution under regulation 5 of these Regulations for failing to furnish a declaration may, at the option of the prosecutor, be instituted—

(а) in a court of summary jurisdiction having jurisdiction at the capital city of the State or Territory in which the usual or last known place of business or abode of the defendant is situated ; or

(b) in a court of summary jurisdiction having jurisdiction at or nearest to the usual or last known place of business or abode of the defendant.

THE SCHEDULE.

Form A. Reg. 5.

Commonwealth of Australia.

Wine Grapes Charges Regulations.

DECLARATION AS TO GRAPES DELIVERED TO A WINERY OR DISTILLERY.

Note.—Under the Wine Grapes Charges Regulations, the owner of any winery or distillery must, within thirty days after the thirtieth day of June in each year, furnish to the Secretary, Department of Commerce, Canberra, a declaration in accordance with this Form setting out the quantity of fresh grapes and dried grapes delivered to that winery or distillery for use in the manufacture of wine or in the making of spirit for the purpose of fortifying wine during the period of twelve months ending on that date and stating the names and addresses of the growers by whom those grapes were delivered.

The declaration must include grapes grown by the owner of the winery or distillery and delivered thereto for the purpose mentioned above. Failure to furnish the declaration by the due date, or making any false or misleading statement in a declaration, is an offence punishable by a fine not exceeding £50.

I, (a).........................................................

(a) State name in full.

the (b)...........................................................

(b) Here insert whether owner, part owner, Managing Director, Chairman of Directors, Manager, Secretary or other person appointed by the owner to furnish this return.

of (c)....................................................

(c) Here insert name by which winery or distillery is known including name of company if any.

of (d)..............................................hereby declare that the

(d) Here insert full address.

(e) Strike out whichever is inapplicable.

Fresh Grapes* and Dried Grapes* as set out hereunder were delivered to the said for in  the manufacture of wine or in the making of spirit for the purpose of fortifying wine during the period commencing on 1st July, 19..., and ending on 30th June, 19.. .

Dated at...............the.................day of............., 19...

(Signature of person making declaration.)

(Signature, designation and address of witness.†)

*Under the provisions of section 2 of the Wine Grapes Charges Art 1929-1937—

“ dried grapes ’’ means grapes containing less than 60 per centum of moisture ; and

“ fresh grapes ’’ means grapes containing not less than 60 per centum of moisture

† The witness must be a Commissioner for Declarations, Justice of the Peace, Bank Manager Postmaster (or Officer in Charge of Post Office), Stationmaster or Constable or Officer of Police.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.