Commonwealth Numbered Acts

DRIED VINE FRUITS EQUALIZATION ACT 1978 No. 195 of 1978 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''assessed export return'', in relation to any dried fruit to which a
separate account relates, means the assessed export return determined under
section 16 with respect to that dried fruit;

''authorized person'' means, for the purposes of a provision of this Act, or
of the Levy Act, in which the expression occurs, a person who is, by virtue of
an appointment under section 30 of this Act, an authorized person for the
purposes of that provision;

''average export return'', in relation to any dried fruit to which a
separate account relates, means the amount per tonne calculated under section
17 to be the average export return in respect of all export sales of that
dried fruit;

''Corporation'' means the Australian Dried Fruits Corporation constituted
under the Australian Dried Fruits Corporation Act 1978;

''currants'' means dried grapes of the following varieties:

   (a)  Carina;

   (b)  Corinth;

   (c)  Zante;

   (d)  any other variety prescribed for the purposes of this definition;

''dried fruit'' means-

   (a)  currants;

   (b)  sultanas; and

   (c)  raisins;

''equalization payment'' means an equalization payment under section 21;

''export sale'', in relation to exported dried fruit, means-

   (a)  in the case of exported dried fruit to which paragraph (a) of the
definition of ''exported dried fruit'' in this sub-section applies-the sale
referred to in whichever of sub-paragraphs (i) and (ii) of that paragraph is
applicable; and

   (b)  in the case of exported dried fruit to which paragraph (b) of that
        definition applies-the sale referred to in that paragraph, not being a
        re-sale referred to in sub-paragraph (i) or (ii) of that paragraph;

''exported dried fruit'' means-

   (a)  packed dried fruit other than packed dried fruit to which paragraph
        (b) applies that-

        (i)    has, as dried fruit for human consumption, been sold in
               Australia for delivery to a place outside Australia or for
               delivery to a ship or aircraft for export from Australia, and
               has been exported from Australia in accordance with the terms
               of the contract of sale; or

        (ii)   has, as dried fruit for human consumption, been exported from
               Australia for the purposes of sale outside Australia and has
               been so sold; or

   (b)  packed dried fruit that has, as dried fruit for human consumption,
        been sold in Australia-

        (i)    for re-sale in Australia for delivery to a place outside
               Australia, or for delivery to a ship or aircraft for export
               from Australia; or

        (ii)   for export from Australia for the purpose of re-sale outside
               Australia;

''Fund'' means the Dried Vine Fruits Equalization Fund;

''levy'' means an amount of levy imposed by the Levy Act, and includes a
penalty under section 12 of this Act;

''Levy Act'' means the Dried Vine Fruits Equalization Levy Act 1978;

''month'' means a month of the year;

''packer'' includes the personal representatives of a deceased packer;

''producer'' includes the personal representatives of a deceased producer;

''raisins'' means dried grapes other than currants or sultanas;

''season'' means the period of 12 months commencing on 1 January 1979 and each
succeeding period of 12 months;

''separate account'' means a separate account kept in the Fund in accordance
with sub-section 6(1);

''sultanas'' means dried grapes of the following varieties:

   (a)  Sultana;

   (b)  any other variety prescribed for the purposes of this definition.

(2) A reference in Parts II, IV and V to dried fruit does not include a
reference to dried fruit that is, by virtue of section 8 of the Levy Act,
exempt from levy.

(3) Where-

   (a)  any dried fruit, being raisins packed for human consumption, is
        supplied by the person who packed the dried fruit to another person;
        and

   (b)  that other person acquires the dried fruit for the purpose of removing
        the seeds from the dried fruit before it is supplied for human
        consumption, then, for the purposes of this Act and of the Levy Act-

   (c)  the supply of the dried fruit by the first-mentioned person to that
        other person shall be deemed not to be a supply to that other person
        of packed dried fruit for human consumption;

   (d)  the first-mentioned person shall be deemed not to be the packer of the
        dried fruit; and

   (e)  that other person shall be deemed to be the packer of the dried fruit.