Federal Register of Legislation - Australian Government

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SR 1980 No. 12 Regulations as made
These Regulations amend the Apple and Pear Levy Collection Regulations.
Tabling HistoryDate
Tabled Senate19-Feb-1980
Gazetted 04 Feb 1980
Date of repeal 01 Jul 1991
Repealed by Repeal of the enabling legislation by Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991

Statutory Rules

1980 No. 12

REGULATIONS UNDER THE APPLE AND PEAR LEVY COLLECTION ACT 19761

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 Levy Collection Act 1976.

Dated this thirtieth day of January 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

PETER NIXON

Minister of State for Primary Industry

 

Amendments of the Apple and Pear Levy Collection Regulations2

Authorized agent

          1.   Regulation 8 of the Apple and Pear Levy Collection Regulations is amended by omitting from sub-regulation (2) “the Schedule” and substituting “Schedule 1”.

          2.   After regulation 11 of the Apple and Pear Levy Collection Regulations the following regulation is inserted:

Form of warrant for authorized person to enter premises

       “12.   The form of warrant for the purposes of section 10 of the Act is the form in Schedule 2.”.

Amendment of the Schedule

          3.   The Schedule to the Apple and Pear Levy Collection Regulations is amended by omitting “SCHEDULE” and substituting “SCHEDULE 1”.

Schedule 2

          4.   The Apple and Pear Levy Collection Regulations are amended by adding at the end thereof the following Schedule:

                                                    SCHEDULE 2                                    Regulation 12

APPLE AND PEAR LEVY COLLECTION ACT 1976

WARRANT UNDER SECTION 10

To:       (full name)       , an authorized person for the purposes of section 10 of the Apple and Pear Levy Collection Act 1976.

            WHEREAS, on an application under sub-section 10 (2) of that Act in relation to premises
at

            I,          (full name)           , a Justice of the Peace, am satisfied, by information on oath (or affirmation) —

              *(a)    that there is reasonable ground for believing that there is on those premises fruit on which levy imposed by the Apple and Pear Levy Act 1976 is, or may become, payable; and

              *(a)    that there is reasonable ground for believing that there are on those premises books, documents or papers relating to fruit on which levy imposed by the Apple and Pear Levy Act 1976 is, or may become, payable; and

               (b)    that the issue of a warrant is reasonably required for the purposes of the Apple and Pear Levy Collection Act 1976:

            YOU ARE HEREBY AUTHORIZED, with such assistance as you think necessary, to enter the premises at                                                                                                                                             , during the hours of                                                                                                   (or at any time), if necessary by force, for the purpose of exercising the functions of an authorized person under section 10 of the Apple and Pear Levy Collection Act 1976.

            Dated this                                 day of                                       19        .

Justice of the Peace

* Omit whichever is inapplicable

NOTES

1.       Notified in the Commonwealth of Australia Gazette on 4 February 1980.

2.       Statutory Rules 1977 No. 131.