Commonwealth Numbered Acts

Bounty (Berry Fruits) Act 1982 No. 132 of 1982 - SECT 3

3. (1) In this Act, unless the contrary intention appears-



"authorized officer" means an officer who is an authorized officer for the
purposes of this Act by virtue of an appointment under section 16;



"bountiable fruit" means fresh fruit, being-

   (a)  bilberries;

   (b)  blackcurrants;

   (c)  blackberries;

   (d)  blueberries;

   (e)  boysenberries;

   (f)  cranberries;

   (g)  elderberries;

   (h)  gooseberries other than chinese gooseberries;

   (j)  loganberries;

   (k)  mulberries;

   (m)  myrtleberries;

   (n)  raspberries;

   (p)  redcurrants;

   (q)  rowanberries;

   (r)  strawberries;

   (s)  whitecurrants;

   (t)  youngberries; or

   (u)  any other kind of soft edible stoneless berry fruit
other than-

        (i)    figs;

        (ii)   grapes;

        (iii)  jackfruit;

        (iv)   jujubes;

        (v)    juniper berries;

        (vi)   lychees; or

        (vii)  rose hips,

that the Minister, by notice published in the Gazette,
declares to be fruit to which this Act applies;



"bounty" means bounty under this Act;



"bounty period" means the period commencing on 1 July 1982 and ending on 30
June 1987 or on such later date as is fixed by the Minister, by notice
published in the Gazette before 30 June 1987, as the date after which bounty
is not to become payable under this Act;



"Collector" has the same meaning as in the Customs Act 1901;



"Comptroller-General" means the Comptroller-General of Customs;



"fresh fruit" includes fruit that has been chilled but does not include fruit
that has been frozen;

''processing'', in relation to fresh fruit, means processing-

   (a)  that consists of, or includes-

        (i)    freezing, cooking, pulping or juicing fruit; or

        (ii)   doing any other act or thing to fruit the doing of which so
               changes the nature of fruit that it cannot be re-constituted or
               used as fresh fruit (other than de-stalking fruit), being an
               act or thing that the Minister, by notice published in the
               Gazette, declares to be an act or thing to which this
               sub-paragraph applies; and

   (b)  that involves the use of a significant amount of commercial equipment;

''processor'', in relation to bountiable fruit, means a person who in the
course of carrying on the business in Australia of processing bountiable
fruit, completes the carrying out of the first or only process to which the
bountiable fruit is subject;

''producer'', in relation to fruit, means the person who owns the fruit
immediately before it is picked or harvested and, for the purposes of this
definition, a person who has rights in the nature of an equity of redemption
in respect of fruit the subject of a mortgage or other security shall be
deemed to be the owner of the fruit;

''registered premises'' means premises registered by the Minister under
section 13.

(2) Where a person is both the producer and the processor of bountiable fruit
he shall be deemed, for the purposes of this Act, to have provided the fruit
to himself for processing.

(3) A reference in a provision of this Act to an approved form is a reference
to a form approved, by instrument in writing, by the Comptroller-General for
the purposes of the provision.