DRIED VINE FRUITS EQUALIZATION REGULATIONS 1982 NO. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS 1982 NO. 70 - TABLE OF PROVISIONS 1. Citation 2. Interpretation 3. Manner of payment of levy 4. Monthly returns 5. Returns to be furnished after end of period prescribed for purposes of section 10 of the Act 6. Authorized agent for levy purposes 7. Returns to be furnished to Corporation 8. Authorized agents in arrangements with Corporation 9. Agents acting for more than one exporter 10. Payment of excess proceeds 11. Payments by Corporation 12. Equalization payments may be withheld 13. Lodging of returns and statements 14. Execution of documents by companies 15. Records to be kept 16. Application SCHEDULE 1 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Dried Vine Fruits Equalization Regulations. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 2 Interpretation 2. (1) In these Regulations, unless the contrary intention appears- "authorized agent" means a person appointed under regulation 6 or 8, as the case may be, to be an authorized agent; "exporter" has the same meaning as in section 18 of the Act; "packer" means the packer of any packed dried fruit; "Secretary" means the Secretary to the Department of Primary Industry; "the Act" means the Dried Vine Fruits Equalization Act 1978. (2) In these Regulations, unless the contrary intention appears, a reference 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. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 3 Manner of payment of levy 3. Payment of levy shall be made to the Collector of Public Moneys at the office of the Department of Primary Industry in Canberra in the Australian Capital Territory. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 4 Monthly returns 4. (1) Where a packer- (a) had in his custody dried fruit on which levy is imposed; and (b) had ceased to have that dried fruit in his custody, in any month before the expiration of the period that is, for the purposes of section 10 of the Act, the prescribed period in relation to that dried fruit, that packer shall, before the fifteenth day after the last day of the month immediately following the month in which the dried fruit ceased to be in his custody, furnish to the Secretary a return in respect of each kind of dried fruit to which a separate account relates. (2) A return referred to in sub-regulation (1) shall contain- (a) a statement of the full name and address of the packer furnishing the return, or on whose behalf the return is furnished, as the case may be; (b) a statement, signed by the packer furnishing the return or his authorized agent, that the information furnished in the return is correct in every particular; and (c) particulars of- (i) the kind of dried fruit to which the return relates; (ii) the month in which dried fruit of that kind ceased to be in the custody of the packer; (iii) the quantity of that kind of dried fruit that ceased to be in the custody of the packer in the month referred to in sub-paragraph (ii); (iv) with respect to the dried fruit referred to in sub-paragraph (iii), the season in which it was produced; (v) the total amount of levy payable in respect of the kind of dried fruit referred to in sub-paragraph (i) that ceased to be in the custody of the packer in the month referred to in sub-paragraph (ii). (3) Where, in any month, no dried fruit on which levy is imposed that was in the custody of a packer during that month had ceased to be in the custody of that packer, that packer shall, before the fifteenth day after the last day of the month immediately following that month, furnish a return to that effect, signed by him or by his authorized agent, to the Secretary. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 5 Returns to be furnished after end of period prescribed for purposes of section 10 of the Act 5. (1) Where dried fruit on which levy is imposed remains in the custody of a packer at the expiration of the period that is, for the purposes of section 10 of the Act, the prescribed period, that packer shall, before the fifteenth day after the last day of that prescribed period, furnish to the Secretary a return in respect of each kind of dried fruit to which a separate account relates. (2) A return referred to in sub-regulation (1) shall contain- (a) a statement of the full name and address of the person furnishing the return, or on whose behalf the return is furnished, as the case may be; (b) a statement, signed by the person furnishing the return or his authorized agent, that the information furnished in the return is correct in every particular; and (c) particulars of- (i) the kind of dried fruit to which the return relates; (ii) the quantity of that kind of dried fruit that remained in the custody of the packer at the expiration of that prescribed period; (iii) with respect to the dried fruit referred to in sub-paragraph (ii), the season in which it was produced; and (iv) in respect of the kind of dried fruit referred to in sub-paragraph (i), the total amount of levy payable in respect of that kind of dried fruit that remained in his custody at the expiration of that period. (3) Where no dried fruit on which levy is imposed remained in the custody of a packer at the expiration of the prescribed period referred to in sub-regulation (1), the packer shall, before the fifteenth day after the last day of that prescribed period, furnish a return to that effect, signed by him or his authorized agent, to the Secretary. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 6 Authorized agent for levy purposes 6. (1) Subject to this regulation, a packer who is required to furnish a return under regulation 4 or 5 may, by instrument in writing signed by him, appoint a person to be his authorized agent for the purposes of signing, on his behalf, such a return, or a statement contained in such a return. (2) An instrument referred to in sub-regulation (1) shall be substantially in accordance with Form 1 in the Schedule. (3) A person shall not be recognised as the agent of another for the purposes referred to in sub-regulation (1), unless the instrument referred to in that sub-regulation is furnished to the Secretary in accordance with sub-regulation 13 (1). 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 7 Returns to be furnished to Corporation 7. (1) Where the Corporation enters into an arrangement under section 18 of the Act with an exporter, that exporter shall, in furnishing, under paragraph 18 (2) (a) of the Act, the Corporation with particulars of an export sale, furnish the Corporation with a return in respect of that sale. (2) A return referred to in sub-regulation (1) shall contain- (a) a statement of the full name and address of the exporter furnishing the return, or on whose behalf the return is furnished, as the case may be; (b) a statement signed by the exporter furnishing the return, or his authorized agent, that the information furnished in the return is correct in every particular; (c) such particulars in relation to the export sale concerned as the Corporation requires; and (d) such of the following additional particulars as are applicable to that sale, namely particulars of- (i) the quantity of each kind of exported dried fruit sold, being dried fruit to which a separate account relates; (ii) with respect to each kind of exported dried fruit referred to in sub-paragraph (i), the gross proceeds of that sale; (iii) accountable expenses in relation to that sale. (3) In sub-regulation (2), "accountable expenses" means costs and charges, in respect of an export sale, in relation to- (a) freight, handling and insurance within Australia after the dried fruit has left the premises of the packer; (b) the loading of dried fruit onto a ship or aeroplane, overseas freight and marine insurance; (c) unloading dried fruit in the importing country, moving it into storage facilities and selling it in that country; (d) any other services approved by the Corporation; and (e) any commission payable to an agent or representative in Australia or overseas in respect of the transaction. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 8 Authorized agents in arrangements with Corporation 8. (1) An exporter who is required to furnish the Corporation with a return under regulation 7 may, by instrument in writing signed by him, appoint a person to be his authorized agent for the purposes of furnishing the particulars referred to in sub-regulations 7 (2) and (3) and signing, on his behalf, a statement referred to in paragraph 7 (3) (b). (2) An instrument referred to in sub-regulation (1) shall be substantially in accordance with Form 2 in the Schedule. (3) The Corporation shall not recognise a person as an agent of an exporter for the purposes referred to in sub-regulation (1) unless the instrument referred to in that sub-regulation is furnished to it in accordance with sub-regulation 13 (2). 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 9 Agents acting for more than one exporter 9. (1) Where an agent is appointed in accordance with regulation 8 to be the authorized agent of more than one exporter, the Corporation may permit that agent to furnish, in one consolidated return, particulars in respect of export sales concerning all or any of those exporters. (2) Where an agent furnishes a consolidated return referred to in sub-regulation (1), he shall ensure that the particulars furnished in relation to the export sales of each exporter whose agent he is are identified as relating to that exporter. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 10 Payment of excess proceeds 10. Where an exporter is required, under paragraph 18 (2) (b) of the Act, to pay an amount to the Corporation, he shall pay that amount to the Corporation by forwarding it to the General Manager and Secretary of the Corporation. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 11 Payments by Corporation 11. Where- (a) the Corporation is required, in pursuance of paragraph 18 (2) (c) or Part V of the Act, to pay an amount to a person; and (b) the person has requested, in writing, that that amount, or that any such amounts that are payable to him, be paid to his agent, the Corporation shall pay that amount to that agent. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 12 Equalization payments may be withheld 12. Where in relation to any dried fruit produced by a producer, a provision of these Regulations has not been complied with, any equalization payment that would, but for the operation of this provision, have been payable to that producer, or to a packer for payment to that producer, in relation to that dried fruit shall be withheld until there has been compliance with that provision. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 13 Lodging of returns and statements 13. (1) A return or statement referred to in regulation 4 or 5, or an instrument referred to in regulation 6, shall be furnished to the Secretary by lodging it at the office of the Department of Primary Industry in Canberra in the Australian Capital Territory. (2) A return referred to in regulation 7 or an instrument referred to in regulation 8 shall be furnished to the Corporation by lodging it at the address of the office of the General Manager and Secretary of the Corporation. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 14 Execution of documents by companies 14. (1) Where these Regulations provide that a statement or instrument of appointment shall be signed by a person and that person is a company, the statement or instrument of appointment may be signed on behalf of the company by a director or the secretary of the company. (2) In sub-regulation (1), a reference to a company shall be read as including a reference to a co-operative society incorporated under a law of a State or Territory. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 15 Records to be kept 15. A packer shall keep proper records showing, in respect of each month and season- (a) the quantity of each kind of fruit received by him; (b) the quantity of each kind of dried fruit packed by him; (c) the quantity of each kind of exported dried fruit supplied by him to a person as packed dried fruit for human consumption, being dried fruit that ceased to be in the custody of that packer during that month; (d) the quantity of each kind of dried fruit, other than exported dried fruit, supplied by him to a person as packed dried fruit for human consumption, being dried fruit that ceased to be in the custody of that packer during that month; (e) the quantity of each kind of dried fruit received by him during that month, being dried fruit that has not been supplied by him to another person as packed dried fruit for human consumption and- (i) has been destroyed; (ii) has been used otherwise than for human consumption as dried fruit; (iii) is not suitable, or capable of being made suitable, to be so supplied; or (iv) has been, or is to be, used by the producer of that fruit for his own domestic requirements; and (f) the quantity of each kind of dried fruit in the custody of the packer at the expiration of that last day of that month. Penalty: $500. 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - REG 16 Application 16. These Regulations apply in relation to dried fruit produced in or after the season that commenced on 1 January 1982. ---------------- 1982 No. 70 DRIED VINE FRUITS EQUALIZATION REGULATIONS - SCHEDULE 1 SCHEDULE Regulation 6 FORM 1 COMMONWEALTH OF AUSTRALIA Dried Vine Fruits Equalization Regulations APPOINTMENT OF AUTHORIZED AGENT To the Secretary, Department of Primary Industry, Canberra. I, (full name and address of person appointing authorized agent) , hereby appoint (full name and address of authorized agent) , a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf the statement referred to in paragraph 4 (2) (b) or 5 (2) (b) of the Dried Vine Fruits Equalization Regulations in any return required to be furnished by me to the Secretary, Department of Primary Industry, under regulation 4 or 5 of those Regulations and for the purpose of signing any such return. Dated at this day of 19 . (Signature of person appointing authorized agent, or, where the person is a company, signature of a director or the secretary of the company and his designation) Dated at this day of 19 . (Signature of authorized agent) -------- FORM 2 Regulation 8 COMMONWEALTH OF AUSTRALIA Dried Vine Fruits Equalization Regulations APPOINTMENT OF AUTHORIZED AGENT To the General Manager and Secretary, the Australian Dried Fruits Corporation. I, (full name and address of person appointing authorized agent) , hereby appoint (full name and address of authorized agent) , a specimen of whose signature appears below, to be my authorized agent for the purposes of furnishing the particulars referred to in sub-regulations 7 (1) and (3) of the Dried Vine Fruits Equalization Regulations and signing on my behalf the statement referred to in paragraph 7 (3) (b) of those Regulations in any return required to be furnished by me to the Australian Dried Fruits Corporation under regulation 7 of those Regulations. Dated at this day of 19 . (Signature of person appointing authorized agent, or, where the person is a company, signature of a director or the secretary of the company and his designation) Dated at this day of 19 . (Signature of authorized agent) ------------------------------------------------------------------------------ -- - NOTES 1982 No. 70*1* DRIED VINE FRUITS EQUALIZATION REGULATIONS *1* Notified in the Commonwealth of Australia Gazette on 19 March 1982.