Dried Vine Fruits Levy

No. 131 of 1971

An Act to impose a Levy on certain Dried Vine Fruits.

[Assented to 16 December 1971]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Dried Vine Fruits Levy Act 1971.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Collection Act to be read as one with this Act.

3. The Levy Collection Act shall, for the purposes of the interpretation of that Act, be read as one with this Act.

Interpretation.

4.—(1.) In this Act, unless the contrary intention appears, “levy” means an amount of the levy imposed by this Act.

(2.) Section 4 of the Dried Vine Fruits Stabilization Act 1971 shall, for the purposes of the interpretation of this Act, be read as one with this Act

Imposition of levy.

5.—(1.) Where—

(a) the amount per ton that constitutes the average return for a season in respect of a kind of dried fruit exceeds by more than Ten dollars the amount per ton that constitutes the base price for that season in respect of that kind of dried fruit; and

(b) the number of tons of dried fruit of that kind that is received for packing during that season exceeds the minimum quantity with respect to that kind of dried fruit,

levy is imposed on dried fruit of that kind that is received for packing during that season.

(2.) In this Act, “the minimum quantity” means—

(a) in relation to currants—eight thousand tons;

(b) in relation to sultanas—sixty thousand tons; and

(c) in relation to raisins—six thousand tons.

Rate of the levy.

6.—(1.) Subject to the next succeeding sub-section, the rate of the levy imposed by this Act on dried fruit received for packing during a season is an amount per ton equal to an amount that is less by Ten dollars than the amount by which the amount per ton that constitutes the average return for that season in respect of the kind of dried fruit in which that dried fruit is included exceeds the amount per ton that constitutes the base price for that season in respect of that kind of dried fruit.

(2.) The rate of the levy imposed by this Act shall not exceed Twenty dollars per ton.

By whom levy payable.

7.—(1.) Where any dried fruit received for packing has been purchased by the packer or received by him under a contract or arrangement that permits or requires him to sell, or arrange for the sale of, the packed dried fruit derived from the dried fruit received for packing and to receive the net proceeds of the sale, the packer is liable to pay levy on the dried fruit received for packing.

(2.) Where the last preceding sub-section does not apply, the grower of the dried fruit received for packing is liable to pay levy on that dried fruit.

Imposition of provisional levy.

8. For the purpose of securing the collection of levy, a provisional levy is imposed in accordance with the Levy Collection Act.