Commonwealth Numbered Acts

DRIED SULTANA PRODUCTION UNDERWRITING AMENDMENT ACT 1985 No. 31 of 1985 - SECT 5

5. After section 9 of the Principal Act the following Part and heading are
inserted:

"PART III-UNDERWRITING FOR PRESCRIBED LATER SEASONS Average export return rate
for season

"9A. (1) As soon as practicable after the end of a prescribed later season,
the Minister shall, in accordance with section 9B, determine an amount per
tonne that is to be the average export return rate for dried sultanas in
respect of that season.

"(2) When the Minister has determined an amount per tonne that is to be the
average export return rate for dried sultanas in respect of a prescribed later
season, the Minister shall publish in the Gazette a notice setting out that
determination. Method of determination of average export return rate

"9B. For the purpose of determining an amount per tonne that is to be the
average export return rate for dried sultanas in respect of a season, the
Minister shall-

   (a)  ascertain the aggregate of the amounts of the corrected proceeds of
        export sales of exported packed dried sultanas derived from dried
        sultanas received into packing houses during that season and exported;
        and

   (b)  divide the amount so ascertained by a number equal to the number of
        tonnes of packed dried sultanas the subject of those sales.

Reduction factor for prescribed later season

"9C. (1) The Minister shall, at the time at which he or she determines under
section 9A an amount per tonne that is to be the average export return rate
for dried sultanas in respect of a prescribed later season, determine, in
accordance with this section, the reduction factor for dried sultanas in
respect of that season.

"(2) For the purpose of determining the reduction factor for dried sultanas in
respect of a prescribed later season, the Minister shall-

   (a)  ascertain the total number of tonnes of dried sultanas received into
        packing houses during that season;

   (b)  ascertain the total number of tonnes of packed dried sultanas packed
        for sale at those packing houses that were derived from the dried
        sultanas referred to in paragraph (a); and

   (c)  divide the number referred to in paragraph (b) by the number referred
        to in paragraph (a).



"(3) When the Minister has determined the reduction factor for dried sultanas
in respect of a prescribed later season, the Minister shall publish in the
Gazette a notice setting out that determination. Guaranteed minimum export
return rate for prescribed later season

"9D. (1) As soon as practicable after the commencement of this Act, the
Minister shall, in accordance with this section, determine an amount per tonne
that is to be the guaranteed minimum export return rate for dried sultanas in
respect of the prescribed later season commencing on 1 January 1986.

"(2) As soon as practicable after the end of a prescribed later season (other
than the season commencing on 1 January 1990), the Minister shall, in
accordance with this section, determine an amount per tonne that is to be the
guaranteed minimum export return rate for dried sultanas in respect of the
next succeeding prescribed season.

"(3) For the purpose of determining an amount per tonne that is to be the
guaranteed minimum export return rate for dried sultanas in respect of a
prescribed later season, the Minister shall-

   (a)  ascertain the aggregate of the amounts of the corrected proceeds of
        export sales of exported packed dried sultanas derived from dried
        sultanas received into packing houses during the 3 seasons immediately
        preceding that season and exported;

   (b)  divide the amount so ascertained by a number equal to the number of
        tonnes of exported packed dried sultanas the subject of those sales;
        and

   (c)  deduct from the amount calculated in accordance with paragraph (b) an
        amount equal to 20% of the amount so calculated.



"(4) Where the Minister has determined the guaranteed minimum export return
rate for a prescribed later season, the Minister shall publish in the Gazette
a notice specifying the rate so determined. Export sales

"9E. For the purpose of determining an amount per tonne under section 9B or
sub-section 9D (3), the Minister may, if the Minister considers it
appropriate, have regard only to export sales of exported packed dried
sultanas exported by persons selected by the Minister having regard to their
representative character in relation to the industry as a whole.

Amount of corrected proceeds of export sale

"9F. For the purposes of paragraphs 9B (a) and 9D (3) (a), the amount of the
corrected proceeds of an export sale of exported packed dried sultanas shall
be taken to be the amount of the proceeds of that sale less an amount equal to
the amount of any costs, charges or expenses that, in the opinion of the
Minister, were necessarily incurred in respect of that sale by reason of the
carriage of the sultanas from the port or airport of export to a place outside
Australia, including-

   (a)  the insuring of the sultanas in respect of any period after they were
        placed on board a ship or aircraft for export; and

   (b)  any moving, handling or processing of, or any dealing in, the sultanas
        after they were placed on board a ship or aircraft for export.

Underwriting seasons-prescribed later seasons

"9G. Where the published average export return rate for dried sultanas in
respect of a prescribed later season is less than the published guaranteed
minimum export return rate for dried sultanas in respect of that season, that
season is an underwriting season for the purposes of this Act. Underwriting
payments to producers-prescribed later season

"9H. (1) Where-

   (a)  a prescribed later season is an underwriting season; and

   (b)  dried sultanas produced by a producer were received into a packing
        house during that season, an underwriting payment is payable to that
        producer in respect of those dried sultanas.

"(2) The rate of an underwriting payment under sub-section (1) is an amount
per tonne equal to the amount by which the amount per tonne that constitutes
the published average export return rate for dried sultanas in respect of the
underwriting season is less than the amount per tonne that constitutes the
published guaranteed minimum export return rate for dried sultanas in respect
of the underwriting season.

"(3) The amount of an underwriting payment under sub-section (1) is an amount
equal to the product of-

   (a)  the amount per tonne that is the rate of the underwriting payment;

   (b)  the number of tonnes of the dried sultanas; and

   (c)  the reduction factor, calculated in accordance with section 9C, for
        dried sultanas in respect of the underwriting season.
                          "PART  IV-MISCELLANEOUS".