Commonwealth Numbered Acts

CANNED FRUITS MARKETING ACT 1979 No. 160 of 1979 - SECT 17

17. (1) Where, in respect of a season, an equalization pool is set up and
maintained under section 7 for canned fruits of a particular kind, the
Corporation shall pay into the equalization pool the net proceeds of the
disposal by the Corporation in the equalization market, during the season, of
canned fruits of that kind acquired by it under this Act.

(2) Where the net proceeds of the disposal of canned fruits are paid into an
equalization pool under sub-section (1), the Corporation shall pay, in respect
of those canned fruits, out of the moneys standing to the credit of the
equalization pool, an amount determined by the Corporation in accordance with
sub-section (3).

(3) The Corporation shall determine the amount payable under sub-section (2)
in respect of canned fruits referred to in that sub-section-

   (a)  by setting aside, out of the moneys standing to the credit of the
        equalization pool concerned, an amount sufficient to pay any premiums
        in respect of any canned fruits, whether acquired by the Corporation
        under this Act or under a State Act, the net proceeds of the disposal
        of which have been paid into the equalization pool;

   (b)  by apportioning the remainder of those moneys left after setting aside
        the amount referred to in paragraph (a) amongst the canners who
        produced the canned fruits the net proceeds of the disposal of which
        have been credited to the equalization pool on the basis of the
        quantity of such canned fruits produced by each such canner; and

   (c)  by adding to an amount resulting from that apportionment the amount of
        any premium in respect of the canned fruits to which the amount so
        resulting relates.

(4) In this section-

''canned fruits'' does not include canned fruits to which a notice under
section 14, or the corresponding provision of a State Act, relates;

''canner'' includes a person who is a canner for the purposes of a State Act.