Dried Vine Fruits Equalization Act 1978
Act No. 195 of 1978 as amended
[Note: This Act is repealed by Act No. 117 of 1998]
For transitional provisions see Schedule 1 (item 2)
This compilation was prepared on 14 August 2000 
taking into account amendments up to Act No. 117 of 1998
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

  

Contents
Part I—Preliminary	1
1	Short title [see Note 1]	1
2	Commencement	1
3	Interpretation	1
Part II—Equalization Fund	4
4	Dried Vine Fruits Export Equalization Trust Fund	4
5	Payments into Fund	4
6	Separate accounts to be kept in Fund	4
7	Application of Fund	5
8	Moneys of Fund to be kept in separate bank account	5
9	Investment of moneys of Fund	5
Part IV—Export Sales	6
15	Export etc. of dried fruit prohibited unless arrangement in force	6
16	Industry return	6
17	Average export return	7
18	Arrangements	7
19	Interest to be divided between exporters	9
Part VI—Miscellaneous	10
26	Power to call for returns etc.	10
27	 Access to premises	10
28	Offences in relation to returns etc.	11
30	Appointment of authorised persons	12
32	Regulations	12
Notes		13

An Act to provide for an equalization scheme in respect of the proceeds of sales of dried vine fruits, and for related purposes
Part I—Preliminary
  
1  Short title [see Note 1]
		This Act may be cited as the Dried Vine Fruits Equalization Act 1978.
2  Commencement 
		This Act shall come into operation on 1 January 1979.
3  Interpretation
	(1)	In this Act, unless the contrary intention appears:
authorized person means, for the purposes of a provision of this 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.
export means export from Australia.
export sale, in relation to exported dried fruit, means the sale of that fruit that results in its becoming, or becoming on export, exported dried fruit.
exported dried fruit means:
	(a)	packed dried fruit that, having been sold in Australia for delivery to a place outside Australia or for delivery to a ship or aircraft for export, has been exported under the contract of sale; or
	(b)	packed dried fruit (not being packed dried fruit referred to in paragraph (a)) that has been exported for the purpose of sale outside Australia and has been so sold.
Fund means the Dried Vine Fruits Export Equalization Trust Fund.
industry return, in relation to any dried fruit to which a separate account relates, means the return calculated under section 16 with respect to that dried fruit.
month means a month of the year.
raisins means dried grapes other than currants or sultanas.
sale, in relation to packed dried fruit, means a sale of the packed dried fruit as dried fruit for human consumption or, if there are 2 or more such sales, the first of those sales.
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 subsection 6(1).
sultanas means dried grapes of the following varieties:
	(a)	Sultana;
	(b)	any other variety prescribed for the purposes of this definition.

Part II—Equalization Fund
  
4  Dried Vine Fruits Export Equalization Trust Fund
	(1)	A fund is hereby established to be known as the Dried Vine Fruits Export Equalization Trust Fund.
	(2)	The Fund is vested in the Corporation.
5  Payments into Fund
		The following must be credited to the Fund:
	(a)	money paid by any person to the Corporation for the purposes of the Fund, including money paid under an arrangement under section 18;
	(b)	interest received by the Corporation from the investment of money of the Fund.
6  Separate accounts to be kept in Fund
	(1)	The following separate accounts shall be kept in the Fund:
	(a)	an account in respect of currants produced during each season;
	(b)	an account in respect of sultanas produced during each season;
	(c)	an account in respect of raisins produced during each season.
	(3)	Where moneys referred to in section 5 are credited to the Fund, the Corporation shall direct the crediting of the moneys to the appropriate separate account or accounts.
	(4)	Where moneys of the Fund have been invested, the Corporation shall direct the crediting of any amount of interest paid to the Corporation in respect of the moneys so invested among each of the separate accounts having regard to the proportion of the moneys so invested that is credited to that account.
7  Application of Fund
	(1)	Subject to this section, money standing to the credit of the Fund, being money of the kind mentioned in paragraph 5(a), may be expended in making payments of a kind mentioned in paragraph 18(2)(c).
	(1A)	Subject to this section, money standing to the credit of the Fund, being money of the kind mentioned in paragraph 5(b), may be expended in making payments of a kind mentioned in section 19.
	(2)	A payment under subsection (1) or (1A) shall be debited to the separate account that relates to the dried fruit to which the payment relates.
8  Moneys of Fund to be kept in separate bank account
		The Corporation shall open and maintain a separate bank account for the purposes of the Fund and shall pay into that bank account all moneys received by the Corporation that are to be credited to the Fund and shall draw from that bank account all moneys that are expended from the Fund.
9  Investment of moneys of Fund
	(1)	Moneys of the Fund may be invested by the Australian Dried Fruits Board:
	(a)	in interest‑bearing deposits with a bank;
	(b)	in any securities of, or guaranteed by, the Commonwealth or a State;
	(c)	by way of loan to a corporation, being a corporation declared by the Reserve Bank for the purposes of regulations in force under the Banking Act 1959 to be an authorized dealer in the short‑term money market, upon the security of securities of the Commonwealth; or
	(d)	in any other manner approved by the Minister for Finance.
	(2)	In this section:
bank has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997.

Part IV—Export Sales
  
15  Export etc. of dried fruit prohibited unless arrangement in force
	(1)	A person other than the Corporation shall not export, or cause to be exported, packed dried fruit from Australia unless:
	(a)	the person is a party to an arrangement with the Corporation entered into under section 18; or
	(b)	the person has purchased that dried fruit from a person who is a party to such an arrangement.
	(2)	A person other than the Corporation shall not sell packed dried fruit to another person:
	(a)	for re‑sale by that other person in Australia for delivery to a place outside Australia, or for delivery to a ship or aircraft for export from Australia; or
	(b)	for export by that other person from Australia for the purpose of re‑sale outside Australia;
unless the first‑mentioned person is a party to an arrangement with the Corporation under section 18.
Penalty:	$1,000.
16  Industry return
		The Corporation must, as soon as practicable after the end of a season, calculate the amount per tonne that is the industry return in respect of all export sales of exported dried fruit (being dried fruit to which a separate account relating to that season relates) using the formula:

where:
TA (total amount) means the total amount, free of all deductions, receivable in respect of all those sales.
AD (amount of deductions) means the total amount of all deductions that may be made from TA.
TQ (total quantity) means the total quantity, in tonnes, of the dried fruit that is the subject of those sales.
17  Average export return
	(1)	The Corporation shall, as soon as practicable after the end of a season, calculate the amount per tonne that is the average export return in respect of all export sales by or on behalf of a person of exported dried fruit, being dried fruit to which a separate account relating to that season relates, in accordance with the formula
, where:
a	is the total amount, free of all deductions, receivable by the person in respect of all those sales.
b	is the total amount of all deductions that may, with the approval of the Corporation, be made from the amount ascertained as the value of factor a in relation to all those export sales; and
c	is the total quantity, in tonnes, of the dried fruit the subject of all those sales.
	(2)	The Corporation shall, as soon as practicable after it has, under subsection (1), calculated the average export return in respect of all export sales of any exported dried fruit, send by post to the person by whom or on whose behalf those sales were made, a notice, in writing, to that effect specifying the amount of that return and the amount of the industry return in respect of those sales.
18  Arrangements
	(1)	The Corporation may enter into an arrangement with a person (in this section referred to as the exporter) for the purposes of section 15.
	(2)	The arrangement shall provide that:
	(a)	the exporter shall, within the period of 30 days, or within such further period (if any) as the Corporation, upon application made to it before the expiration of that period of 30 days, allows, after an export sale by the exporter or on the exporter’s behalf of exported dried fruit, being dried fruit to which a separate account relates, furnish the Corporation with particulars, in writing, of that sale;
	(b)	where the average export return in respect of all export sales of exported dried fruit made by or on behalf of the exporter, being dried fruit to which a separate account relates, exceeds the industry return in respect of dried fruit to which that account relates, the exporter shall, within the period of 30 days after the receipt by the exporter of a notice under subsection 17(2) with respect to the amount of that average export return, pay to the Corporation, for crediting to that account, an amount ascertained by multiplying the excess by the number of tonnes of the dried fruit the subject of those sales; and
	(c)	where the industry return in respect of dried fruit to which a separate account relates exceeds the average export return in respect of all export sales made by or on behalf of the exporter of exported dried fruit, being dried fruit to which that account relates, the Corporation shall, as soon as practicable, pay to the exporter an amount ascertained by multiplying the excess by the number of tonnes of the dried fruit the subject of those sales.
	(3)	The exporter may, at any time during a season, by notice in writing to the Corporation, revoke the arrangement but, notwithstanding the revocation, this Act and the arrangement continue to apply to and in relation to the exporter in respect of dried fruit produced before the end of that season and sold by the exporter or on the exporter’s behalf.
	(4)	Where the exporter does not pay to the Corporation an amount that the exporter is, by virtue of the arrangement, required to pay to the Corporation within the period within which the exporter is, under the arrangement, required to pay the amount, the amount shall be deemed to be a debt due and payable to the Corporation.
19  Interest to be divided between exporters
	(1)	The Corporation must within:
	(a)	such period (not longer than 12 months) after the end of each season as is determined in writing by the Corporation; or
	(b)	if no such determination is made—6 months after the end of each season;
pay to each exporter of dried fruit (being dried fruit to which a separate account relating to that season relates) an amount worked out using the formula:

where:
IA (interest amount) means the amount of interest received by the Corporation during that season from the investment of money of the Fund and directed to that account.
QS (quantity sold) means the total quantity, in tonnes, of the dried fruit that was calculated for the purpose of working out the average export return in relation to the exporter for that season.
TQ (total quantity) means the total quantity, in tonnes, of the dried fruit that was calculated for the purpose of working out the industry return relating to the dried fruit for that season.
	(2)	Where the Corporation makes a determination for the purposes of subsection (1), the Corporation must cause a copy of the determination to be sent as soon as practicable to each exporter.
	(3)	In this section:
exporter means a person who has entered into an arrangement with the Corporation under section 18.

Part VI—Miscellaneous
  
26  Power to call for returns etc.
		An authorized person may, by notice in writing, require a person to furnish to the authorised person, within the time specified in the notice, such return or information in relation to matters relevant to the operation of this Act as is specified in the notice, including a return or information verified by statutory declaration.
27   Access to premises
	(1)	An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.
	(2)	Where an authorized person has reason to believe that:
	(a)	premises are premises in which dried fruit is produced or stored; or
	(b)	there are on premises examinable documents;
the authorized person may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purpose of exercising the functions of an authorized person under this section.
	(3)	If, on an application under subsection (2), the Justice of the Peace is satisfied, by information on oath or affirmation:
	(a)	that there is reasonable ground for believing that:
	(i)	the premises to which the application relates are premises in which dried fruit is produced or stored; or
	(ii)	there are on those premises any examinable documents; and
	(b)	that the issue of the warrant is reasonably required for the purposes of this Act;
the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as the authorised person thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.
	(4)	Where an authorized person has entered any premises in pursuance of subsection (1) or in pursuance of a warrant granted under subsection (3), the authorised person may exercise the functions of an authorized person under this section.
	 (5)	A person shall not, without reasonable excuse, obstruct or hinder an authorized person acting in pursuance of subsection (1) or in pursuance of a warrant granted under subsection (3).
Penalty:	$1,000.
	(6)	The functions of an authorized person under this section are:
	(a)	to search for, examine and take stock of any dried fruit; and
	(b)	to search for, inspect, take extracts from and make copies of any examinable documents.
	(7)	In this section, examinable documents means:
	(a)	any books, documents or papers relating to financial dealings between a packer and persons who supply dried fruit to the packer; or
	(b)	any books, documents or papers relating to the production, packing, storage, supply (including sale), purchase or export of dried fruit.
28  Offences in relation to returns etc.
	(1)	A person shall not fail or neglect duly to furnish a return or information that the person is required to furnish under this Act, the regulations or an arrangement under section 18.
	(2)	A person shall not present to an officer or other person doing duty in relation to this Act, the regulations or an arrangement under section 18, an account, book or document, or make or furnish to such an officer or person a statement or return, that is false or misleading in a material particular.
Penalty:	$500.
30  Appointment of authorised persons
		The Minister may, by writing signed by the Minister, appoint a person, or persons included in a class of persons, to be an authorized person or authorized persons, as the case may be, for the purposes of a specified provision of this Act.
32  Regulations
		The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:
	(b)	requiring packers to keep records relating to the packing of dried fruit and to the production, storage, supply (including sale), purchase or export of dried fruit;
	(c)	requiring persons to furnish returns for the purposes of this Act, including returns to the Corporation;
	(e)	prescribing penalties not exceeding a fine of $500 for offences against the regulations. 

Notes to the Dried Vine Fruits Equalization Act 1978
Note 1
The Dried Vine Fruits Equalization Act 1978 as shown in this compilation comprises Act No. 195, 1978 amended as indicated in the Tables below.
Table of Acts
Act	Number 
and year	Date 
of Assent	Date of commencement	Application, saving or transitional provisions	
Dried Vine Fruits Equalization Act 1978	195, 1978	6 Dec 1978	1 Jan 1979		
Statute Law (Miscellaneous Amendments) Act
 (No. 2) 1982 	80, 1982 	22 Sept 1982 	Part XXXI (ss. 91, 92): 20 Oct 1982 (a) 	— 	
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 	39, 1983 	20 June 1983 	S. 3: 18 July 1983 (b) 	S. 7(1) and (5) 	
Dried Vine Fruits Equalization Amendment Act 1984 	147, 1984 	25 Oct 1984 	1 Dec 1984 	S. 4 	
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 	168, 1986 	18 Dec 1986 	S. 3: Royal Assent (c) 	S. 5(1) 	
Primary Industries (Recovery of Levy Collection Expenses) Act 1988 	51, 1988 	15 June 1988 	15 June 1988 	S. 2(2)‑(4) 	
Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 	26, 1991 	1 Mar 1991 	1 July 1991 (see s. 2) 	S. 5 	
as amended by					
Primary Industries and Energy Legislation Amendment Act (No. 1) 1997	22, 1997	7 Apr 1997	Schedule 5 (items 5‑9): (d)	—	
Dried Vine Fruits Legislation Amendment Act 1991 	45, 1991 	10 Apr 1991 	Ss. 1 and 2: Royal Assent 
Remainder: 1 Jan 1991 	S. 22 	
Primary Industries and Energy Legislation Amendment Act (No. 1) 1997	22, 1997	7 Apr 1997	Schedule 5 (items 1, 2): (e)	—	
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (items 719‑721): (f)	—	
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1998	117, 1998	11 Dec 1998	Schedule 1: 1 Jan 1999
Remainder: Royal Assent	Sch. 1 (item 2)	

(a)	The Dried Vine Fruits Equalization Act 1978 was amended by Part XXXI (sections 91 and 92) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(16) of which provides as follows: 
	(16)	The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.
(b)	The Dried Vine Fruits Equalization Act 1978 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(1) of which provides as follows: 
	(1)	Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(c)	The Dried Vine Fruits Equalization Act 1978 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2(1) of which provides as follows: 
	(1)	Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(d)	The Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 was amended by Schedule 5 (items 5‑9) only of the Primary Industries and Energy Legislation Amendment Act (No. 1) 1997, subsection 2(5) of which provides as follows:
	(5)	Items 5 to 9 of Schedule 5 are taken to have commenced on the day on which the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 received the Royal Assent.
	The Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 received the Royal Assent on 1 March 1991.
(e)	The Dried Vine Fruits Equalization Act 1978 was amended by Schedule 5 (items 1, 2) only of the Primary Industries and Energy Legislation Amendment Act (No. 1) 1997, subsection 2(3) of which provides as follows:
	(3)	Items 1 and 2 of Schedule 5 are taken to have commenced immediately after the commencement of Schedule 1 to the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991.
	Schedule 1 to the Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 commenced on 1 July 1991.
(f)	The Dried Vine Fruits Equalization Act 1978 was amended by Schedule 2 (items 719‑721) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
	(2)	Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
The Financial Management and Accountability Act 1997 commenced on 1 January 1998 (see Gazette 1997, No. GN49).

Table of Amendments
ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted	
Provision affected	How affected	
S. 3 		am. No. 168, 1986; No. 26, 1991 (as am. by No. 22, 1997); No.  45, 1991; No. 22, 1997 	
S. 4 		am. No. 45, 1991 	
S. 5 		rs. No. 45, 1991 	
S. 6 		am. No. 45, 1991 	
S. 7 		am. No. 51, 1988; No. 26, 1991 (as am. by No. 22, 1997);  No. 45, 1991 	
S. 9 		am. No. 80, 1982; No. 152, 1997 	
Part III 	
(ss. 10‑14) 	rep. No. 26, 1991 (as am. by No. 22, 1997); No. 45, 1991 	
S. 10 		am. No. 39, 1983; No. 147, 1984; No. 168, 1986 	
	rep. No. 26, 1991 (as am. by No. 22, 1997); No. 45, 1991 	
S. 11 		am. No. 168, 1986 	
	rep. No. 26, 1991 (as am. by No. 22, 1997); No. 45, 1991 	
S. 12 		am. No. 39, 1983; No. 168, 1986 	
	rep. No. 26, 1991 (as am. by No. 22, 1997); No. 45, 1991 	
Ss. 13, 14 		rep. No. 26, 1991 (as am. by No. 22, 1997); No. 45, 1991 	
S. 16 		am. No. 168, 1986 	
	rs. No. 45, 1991 	
S. 17 		am. No. 45, 1991 	
S. 18 		am. No. 168, 1986; No. 45, 1991 	
S. 19 		am. No. 168, 1986 	
	rs. No. 45, 1991 	
S. 20 		rep. No. 45, 1991 	
Part V 	
(ss. 21‑25) 	rep. No. 45, 1991 	
S. 21 		rep. No. 45, 1991 	
S. 22 		am. No. 168, 1986 	
	rep. No. 45, 1991 	
Ss. 23, 24 		rep. No. 45, 1991 	
S. 25 		am. No. 168, 1986 	
	rep. No. 45, 1991 	
Ss. 26‑28 		am. No. 168, 1986 	
S. 29 		rep. No. 26, 1991 (as am. by No. 22, 1997); No. 45, 1991 	
S. 30 		am. No. 168, 1986; No. 26, 1991 (as am. by No. 22, 1997);  No. 45, 1991 	
S. 31 		rep. No. 45, 1991 	
	ad. No. 26, 1991 	
	rep. No. 22, 1997	
S. 32 		am. No. 45, 1991