Commonwealth Numbered Acts

GRAPE RESEARCH LEVY COLLECTION ACT 1986 No. 64 of 1986 - SECT 3

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

"appoint" includes re-appoint;

"authorised person" means a person who is, by virtue of an appointment under
section 13, an authorised person for the purposes of the provision in which
the expression appears;

"dried grapes" means grapes containing less than 60% of moisture by mass;

"fresh grape equivalent", in relation to a quantity of prescribed goods other
than fresh grapes, means the quantity of fresh grapes that, as ascertained in
accordance with sub-section (3), is the equivalent of that quantity of
prescribed goods;

"fresh grapes" means grapes containing not less than 60% of moisture by mass;

"grower", in relation to prescribed goods delivered to a processing
establishment, means-

   (a)  if the person who produced the goods is also the proprietor of the
        processing establishment-the proprietor of the processing
        establishment; or

   (b)  in any other case-the owner of the goods immediately before the time
        of delivery of the goods to the processing establishment;

"leviable goods" means prescribed goods in respect of which levy is imposed;

"prescribed goods" means-

   (a)  fresh grapes;

   (b)  dried grapes; and

   (c)  grape juice, whether single-strength or concentrated,
being grapes or grape juice produced in Australia;

"processing", in relation to prescribed goods, includes-

   (a)  using the goods in the manufacture of a beverage or other product;

   (b)  canning the goods; and

   (c)  in the case of goods that are grapes-extracting grape juice from the
        goods;

"processor", in relation to prescribed goods delivered to a processing
establishment, means the proprietor of the processing establishment;

"proprietor", in relation to a processing establishment, means the person who
carries on the processing of prescribed goods at that establishment and
includes the personal representative of a deceased proprietor of the
processing establishment;

"year" means the year that commenced on 1 July 1986 and each succeeding year.

(2) Notwithstanding sub-section (1), if-

   (a)  the producer of fresh grapes agrees to sell the grapes to the
        proprietor of a processing establishment; and

   (b)  pursuant to the agreement, the producer delivers the grapes to another
        processing establishment, then-

   (c)  in a case where, immediately before the delivery, the grapes are owned
        by the proprietor of the first-mentioned processing establishment, a
        reference in this Act to the grower of the grapes shall be read as a
        reference to the producer of the grapes; and

   (d)  in any case-a reference in this Act to the processor of the grapes
        shall be read as a reference to the proprietor of the first-mentioned
        processing establishment.

(3) For the purposes of this Act, the quantity of fresh grapes that is the
equivalent of a quantity of prescribed goods other than fresh grapes is a
number of tonnes equal to-

   (a)  in the case of dried grapes-a number ascertained by multiplying the
        number of tonnes of that quantity of dried grapes by 3; and

   (b)  in the case of grape juice-a number ascertained by dividing the number
        of litres of that quantity of grape juice-

        (i)    in the case of single-strength grape juice-by 800 or, if
               another number is for the time being prescribed for the
               purposes of this sub-paragraph, that other number; and

        (ii)   in the case of concentrated grape juice-by a number that bears
               to the number applicable for the purposes of sub-paragraph (i)
               the same proportion as the strength of the single-strength
               grape juice from which the concentrated grape juice was derived
               bears to the strength of the concentrated grape juice.

(4) For the purposes of this Act, premises shall be deemed to be a processing
establishment during a year if the quantity (if any) of fresh grapes, together
with the fresh grape equivalent of the quantity (if any) of prescribed goods
other than fresh grapes, used in the processing of prescribed goods at those
premises during that year, or either of the immediately preceding 2 years
(including years commencing before 1 July 1986), amounts, or amounted, to not
less than 5 tonnes.