Commonwealth Numbered Acts

CANNED FRUITS MARKETING ACT 1979 No. 160 of 1979 - SECT 21

21. (1) The Corporation is not bound to make a final payment in respect of
canned fruits acquired by it under this Act until the disposal by the
Corporation of the canned fruits or, where the net proceeds of the canned
fruits so disposed of are required to be paid into an equalization pool by
virtue of sub-section 17 (1), until the end of the season during which they
are so disposed of, but the Corporation may, with the approval of the
Minister, make from time to time such advance payments as it considers
justified.

(2) An advance payment shall not be made in respect of canned fruits to which
a notice under section 14 relates and, if an advance payment is made in
respect of canned fruits that are subsequently made the subject of a notice
under section 14, that advance payment shall be repaid to the Corporation and,
if not so repaid, may be recovered by the Corporation by set off against any
advance payment payable to the canner concerned in respect of other canned
fruits.

(3) An advance payment made in respect of canned fruits shall be deducted from
the final payment in respect of those canned fruits before that final payment
is made to the person to whom it is payable.

(4) In ascertaining the amount of an advance payment for the purposes of
sub-section (3), the fact that an amount was set off by the Corporation under
sub-section (2) against that advance payment shall be disregarded.