Wine Grapes Charges Regulations (Amendment)

STATUTORY RULES.

1959. No. 1.

REGULATIONS UNDER THE WINE GRAPES CHARGES ACT 1929-1957*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wine Grapes Charges Act 1929-1957.

Dated this 14th day of January, 1959.

Governor-General.

Administrator

By His Excellency’s Command,

Minister of State for Primary Industry.

Amendments of the Wine Grapes Charges Regulations.†

Commencement.

1. These Regulations shall come into operation on the first day of February. 1959.

2. Regulation 3 of the Wine Grapes Charges Regulations is repealed and the following regulation inserted in its stead:—

Interpretation.

“3.—(1.) In these Regulations, unless the contrary intention appears—

‘grower’, in relation to dried grapes, means the grower of the grapes from which the dried grapes were obtained;

‘producer’—

(a) in relation to grapes or dried grapes that are supplied to a winery or distillery by the grower of the grapes or dried grapes—means that grower; or

(b) in relation to grapes or dried grapes that are supplied to a winery or distillery by a person other than the grower of the grapes or dried grapes—means the person who supplied the grapes or dried grapes to the winery or distillery;

‘the Act’ means the Wine Grapes Charges Act 1929-1957;

‘the Secretary’ means the Secretary to the Department of Primary Industry;

‘year’ means the period commencing on a first day of July and ending on the following thirtieth day of June.

* Notified in the Commonwealth Gazette on 22nd January 1959.

† Statutory Rules 1938, No. 26, as amended by Statutory Rules 1939, Nos. 11 and 54; 1941, No. 101; 1942, Nos. 96 and 305; 1945, Nos. 104 and 171; 1946, No. 88; 1952, No. 2; and 1954, No. 122.

8166/58.—Price 3d. 9/8.12.1958.

 “(2.) Where the owner of a winery or distillery handles, at the winery or distillery, fresh grapes of which he is the grower, or dried grapes of which he is the grower or processor, for use in the manufacture of wine, the owner shall be deemed, for the purposes of these Regulations, to be a producer of fresh grapes by whom fresh grapes were delivered to that winery or distillery or a producer of dried grapes by whom dried grapes were delivered to that winery or distillery, as the case may be, and the fresh grapes or dried grapes shall be deemed to have been delivered by that owner to the winery or distillery on the day on which they were appropriated by him for use in the manufacture of wine.”.

3. Regulation 5 of the Wine Grapes Charges Regulations is repealed and the following regulations are inserted in its stead:—

Returns.

“5.—(1) The owner of a winery or distillery, at which any grapes are handled for use in the manufacture of wine during a year, shall, within thirty days after the end of that year, furnish to the Secretary a declaration, in accordance with Form A in the Schedule to these Regulations, setting forth, in respect of each producer of fresh grapes by whom fresh grapes were delivered to the winery or distillery in that year and in respect of each producer of dried grapes by whom dried grapes were delivered to the winery or distillery in that year—

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

(b) the quantity of fresh grapes or of dried grapes, as the case may be, so delivered by the producer.

Penalty: Fifty pounds.

“(2.) For the purposes of the last preceding sub-regulation, the owner of a winery or distillery shall be deemed not to have furnished a declaration in accordance with Form A in the Schedule to these Regulations unless—

(a) the declaration is signed by the owner in the presence of a person who is a Commissioner for Declarations, a Justice of the Peace, a Bank Manager, an Officer of Customs, the Officer-in-charge of a Post Office, a Stationmaster, or an Officer or Constable of Police; and

(b) that person signs the declaration as witness and adds his designation and address.

“(3.) In this regulation, ‘winery or distillery’, in relation to any grapes, includes a winery or distillery which, during the year in which those grapes are delivered to it, handles less than 10 tons of grapes for use in the manufacture of wine.

Owner of winery or distillery to keep daily records.

“5a. The owner of a winery or distillery (being an owner to whom the last preceding regulation applies) shall keep records in permanent form in which he shall enter each day, in respect of each producer of fresh grapes by whom fresh grapes were delivered to the winery or distillery on that day, and in respect of each producer of dried grapes by whom dried grapes were delivered to the winery or distillery on that day, particulars of—

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

(b) the quantity of fresh grapes or of dried grapes, as the case may be, so delivered by the producer.

Penalty: Fifty pounds.”.

Payment of charge.

4. Regulation 6 of the Wine Grapes Charges Regulations is amended by omitting the words “Department of Commerce” and inserting in their stead the words “Department of Primary Industry”.

Certificates of Secretary to be judicially noticed.

5. Regulation 8 of the Wine Grapes Charges Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “,Department of Commerce,”; and

(b) by omitting from sub-regulation (2.) the words “,Department of Commerce” and inserting in their stead the words “to the Department of Primary Industry”.

Certificate of failure to furnish statutory declarations.

6. Regulation 9 of the Wine Grapes Charges Regulations is amended by omitting the words “,Department of Commerce,”.

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

7. Regulation 10 of the Wine Grapes Charges Regulations is amended by omitting—

(a) the words “,Department of Commerce,”; and

(b) by omitting the word “King” and inserting in its stead the word “Queen”.

The Schedule.

8. The Schedule to the Wine Grapes Charges Regulations is repealed and the following Schedule inserted in its stead:—

THE SCHEDULE.

Form A. Regulation 5.

Commonwealth of Australia.

Wine Grapes Charges Regulations.

DECLARATION AS TO GRAPES DELIVERED TO A WINERY OR DISTILLERY.

(a) Insert full name.

I,(a)

(b) Insert “owner” “part-owner”, “Managing Director”, “Chairman of Directors”, “Manager”, “Secretary” or as the case requires.

the (b)

(c) Insert name of winery or distillery and, if owned by a company, the name of that company.

of (c)

(d)Strike out whichever is inapplicable.

(d) winery

(d) distillery

(e) Insert address of winery or distillery.

of(e)

hereby declare that the quantities of fresh grapes and dried grapes set out hereunder were delivered

use in the making of spirit for the purpose of fortifying wine, during the period commencing on the 1st July, 19              , and ending on the 30th June, 19     .

Dated at the day of ,19     .

(Signature of person declaring.)

(Signature of witness.)

(Designation of witness.)

(Address of witness.)

By Authority: A. J. Arthur. Commonwealth Government Printer, Canberra.