Statutory Rules

1979 No. 212

REGULATIONS UNDER THE WINE GRAPES LEVY COLLECTION ACT 19791

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 Wine Grapes Levy Collection Act 1979.

Dated this tenth day of October 1979.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

PETER NIXON

Minister of State for Primary Industry

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WINE GRAPES LEVY COLLECTION REGULATIONS

Citation

1. These Regulations may be cited as the Wine Grapes Levy Collection Regulations.

Interpretation

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

"authorized agent" means a person appointed by the proprietor of a winery under regulation 5 to be his authorized agent;

"the Act" means the Wine Grapes Levy Collection Act 1979.

Manner of payment of levy, &c.

3. The payment of levy imposed on prescribed goods during a year and other moneys payable to the Commonwealth under the Act shall be made to the Collector of Public Moneys, Department of Primary Industry, at Canberra.

Returns

4. (1) Subject to this regulation, the proprietor of a winery shall, on or before the first day on which, under the Act, levy imposed on prescribed goods during a year becomes payable, furnish to the Secretary to the Department of Primary Industry at Canberra a return signed in accordance with sub-regulation (3) containing, in relation to prescribed goods used at the winery during that year in the manufacture of wine, the particulars specified in sub-regulation (2).

(2) The particulars referred to in sub-regulation (1) are the following particulars:

(a) the full name and address of the winery;

(b) the full name and address of the proprietor of the winery;

(d) the number of tonnes of fresh grapes used at the winery during the year in the manufacture of wine;

(e) the number of tonnes of dried grapes used at the winery during the year in the manufacture of wine;

(f) the number of litres of single-strength grape juice used at the winery during the year in the manufacture of wine;

(g) the strengths of concentrated grape juice used at the winery during the year in the manufacture of wine and the number of litres of each strength;

(h) the number of tonnes that is the fresh grape equivalent of the dried grapes referred to in paragraph (e);

(i) the number of tonnes that is the fresh grape equivalent of the single-strength grape juice referred to in paragraph (f);

(j) the number of tonnes that is the fresh grape equivalent of the concentrated grape juice used at the winery during the year in the manufacture of wine;

(k) the amount of levy payable—

(i) in the case of fresh grapes;

(ii) in the case of dried grapes; and

(iii) in the case of grape juice;

(l) the total amount of levy payable.

(3) A return furnished by the proprietor of a winery in accordance with sub-regulation (1) shall be signed—

(a) by the proprietor or his authorized agent; or

(b) where the proprietor is a company—by a director or the secretary of the company or by the authorized agent of the company.

(4) The proprietor of a winery is not required, under sub-regulation (1), to furnish a return that relates to the year that commenced on 1 July 1978.

Authorized agent

5. (1) The proprietor of a winery may appoint a person to be his authorized agent for the purpose of signing the return referred to in regulation 4.

(2) The instrument of appointment of an authorized agent by the proprietor of a winery—

(a) shall be in accordance with the Form in the Schedule; and

(b) shall be lodged with the Secretary to the Department of Primary Industry at Canberra.

Records to be kept

6. (1) The proprietor of a winery shall at all times keep records of prescribed goods used at the winery in the manufacture of wine showing—

(a) in the case of fresh grapes—the number of tonnes of the grapes used;

(b) in the case of dried grapes—the number of tonnes of the grapes used; and

(2) The proprietor of a winery shall retain the records referred to in sub-regulation (1) until the expiration of 5 years from the date of the use of the prescribed goods at the winery in the manufacture of wine.

Penalty: $500.

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SCHEDULE Regulation 5

COMMONWEALTH OF AUSTRALIA

Wine Grapes Levy Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the Department of Primary Industry

(full name and address of proprietor of winery)

hereby appoint

(full name, address and occupation of authorized agent),

a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf a return prepared for the purposes of sub-regulation 4 (1) of the Wine Grapes Levy Collection Regulations.

Dated this day of 19 .

...........................

(Signature of proprietor of winery or, where the proprietor is a company, signature of a director or the secretary of the company and his designation)

Dated this day of 19 .

...........................

(Signature of authorized agent)

NOTE

1. Notified in the Commonwealth of Australia Gazette on 17 October 1979.