Statutory Rules

1976 No. 299

REGULATIONS UNDER THE APPLE AND PEAR EXPORT CHARGE COLLECTION ACT 1976.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Apple and Pear Export Charge Collection Act 1976.

Dated this twenty-third day of December, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry.

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APPLE AND PEAR EXPORT CHARGE COLLECTION REGULATIONS

Citation.

1. These Regulations may be cited as the Apple and Pear Export Charge Collection Regulations.

Commencement.

2. These Regulations shall come into operation on 1 January 1977.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“ authorized agent ” means a person appointed under regulation 6;

“ prescribed person ”, in relation to any fruit, means—

(a) a person who is, in relation to the fruit, an exporter within the meaning of section 5 of the Act;

(b) where the fruit is owned by the grower of the fruit at the time it is exported and is exported by the grower otherwise than through another person—the grower;

(c) in any other case—the owner of the fruit at the time it is exported;

“ the Act ” means the Apple and Pear Export Charge Collection Act 1976;

“ Secretary ” means the Secretary to the Department of Primary Industry.

Manner of payments of charge.

4. Payment of charge and other moneys payable to the Commonwealth under the Act shall be made to the Collector of Public Moneys at the office of the Department of Primary Industry in Canberra.

Monthly returns.

5. (1) A prescribed person who has, in any month, exported fruit shall, on or before the twenty-eighth day of the next succeeding month, furnish to the Secretary a return containing the following particulars:—

(a) his full name and address;

* Notified in the Australian Government Gazette on 30 December 1976.

(b) the month in which the fruit was exported;

(c) the quantity of each kind of fruit exported in that month; and

(d) the amount of charge payable in respect of each kind of fruit exported in that month.

(2) A return referred to in sub-regulation (1) shall be furnished to the Secretary by lodging it at the office of the Department of Primary Industry in Canberra.

(3) A return referred to in sub-regulation (1) shall contain a declaration, signed by the prescribed person or his authorized agent, that the information in the return is true and correct.

Authorized agent.

6. (1) A prescribed person may appoint a person to be his authorized agent for the purpose of signing on his behalf the declaration contained in a return referred to in sub-regulation 5 (1) required to be furnished by the prescribed person.

(2) An appointment of an authorized agent shall be substantially in accordance with the form in the Schedule and shall be lodged at the office of the Department of Primary Industry in Canberra.

Execution of documents by a company.

7. Where these Regulations provide that a declaration or appointment shall be signed by a person and that person is a company, the declaration or appointment may be signed on behalf of the company by a director or the secretary of the company.

False or misleading information.

8. A person shall not furnish—

(a) a return referred to in sub-regulation 5 (1); or

(b) other information for the purposes of the Act or these Regulations,

that, to his knowledge, is false or misleading in a material particular.

Penalty: $200.

Proper records to be kept.

9. A prescribed person who exports fruit shall keep records showing the quantity of each kind of fruit exported in each month.

Penalty: $200.

SCHEDULE   Regulation 6

Commonwealth of Australia

Apple and Pear Export Charge Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the Department of Primary Industry.

I, , hereby

(full name and address)

appoint—

(full name, address and occupation)

to be my authorized agent for the purpose of signing on my behalf any declaration contained in a return referred to in sub-regulation 5 (1) of the Apple and Pear Export Charge Collection Regulations required to be furnished by me.

Dated at   this    day of   19 .

(Signature of person appointing authorized agent or, where the person is a company, the signature of a director or the secretary of the company and his designation)

Dated at   this    day of   19 .

(Signature of authorized agent)