Commonwealth Numbered Acts

CANNED FRUITS MARKETING ACT 1979 No. 160 of 1979 - SECT 13

13. (1) On the production of canned fruits of a season in a Territory by a
canner, the canner may set aside, and identify as the property of the
Corporation, the canned fruits so produced.

(2) The Corporation may serve by post on a canner a requirement that the
canner set aside, and identify as the property of the Corporation-

   (a)  any canned fruits of a season that have been produced by him, and are
        in his possession at the time of the service of the requirement, in a
        Territory, not being canned fruits previously set aside under
        sub-section (1); or

   (b)  any canned fruits of a season that are produced by him in a Territory
        during such period after the service of the requirement as is
        specified in the requirement.

(3) A canner shall not, without reasonable excuse, refuse or fail to take
action that is required to be taken by him by a requirement served on him
under sub-section (2).

Penalty: $1,000 in the case of a canner not being a body corporate, or $2,000
in the case of a canner being a body corporate.

(4) On the setting aside by a canner of canned fruits in accordance with
sub-section (1) or with a requirement under sub-section (2), the canned fruits
so set aside become the absolute property of the Corporation freed from all
mortgages, charges, liens, pledges, interests and trusts.

(5) A canner who has set aside canned fruits in accordance with sub-section
(1) or with a requirement under sub-section (2) shall, within fourteen days
after so setting aside the canned fruits, serve, by post, on the Corporation a
notice of that action.

Penalty: $500.

(6) In this section, unless the contrary intention appears-

''canned fruits'' does not include canned fruits to which a certificate under
sub-section 5 (2) of the Canned Fruits Levy Act 1979 relates;

''notice'' means a notice in accordance with a form approved by the
Corporation setting out-

   (a)  the kind and quantity of canned fruits to which the notice relates;

   (b)  the date on which those canned fruits were produced;

   (c)  the date on which those canned fruits were set aside in accordance
        with sub-section (1) or with a requirement under sub-section (2), as
        the case may be; and

   (d)  such other information with respect to those canned fruits as is
        required by the notice.