Commonwealth Numbered Acts

APPLE AND PEAR EXPORT CHARGE COLLECTION ACT 1976 No. 198 of 1976 - SECT 5

5. (1) This section applies to fruit to which paragraph 6 (2) (a) of the
Apple and Pear Export Charge Act 1976 applies other than fruit that 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.
(2) In this section, ''exporter'', in relation to fruit to which this section
applies, means-

   (a)  if the fruit is owned by the grower at the time it is exported but is
        exported on his behalf by another person-that other person; or

   (b)  if the fruit is not owned by the grower at the time it is exported-

        (i)    where it is exported by the owner of the fruit otherwise than
               through another person-the owner of the fruit; or

        (ii)   if another person (other than the grower) exports the fruit on
               behalf of the owner of the fruit-that other person.

(3) For better securing the payment of charge that is payable in respect of
fruit to which this section applies, the exporter of the fruit is liable to
pay to the Commonwealth an amount equal to any charge that becomes payable by
the grower in respect of the fruit, and has not been paid, and may recover
from the grower, by set-off or otherwise, any amount paid by, or recovered
from, him in respect of that liability.

(4) The exporter may, for the purpose of meeting any liability under
sub-section (3) in respect of the charge on fruit, retain so much of any
moneys payable by him to the grower in respect of the fruit as does not exceed
the amount of the liability.

(5) Where, under this section, an amount in respect of charge payable by a
grower is paid to the Commonwealth by, or recovered by the Commonwealth from,
the exporter, the grower is, to the extent of the amount so paid or recovered,
discharged from this liability to pay the charge to the Commonwealth.