South Australian Current Regulations South Australian Current Regulations5—Contributions to Fund
(1) The following
contributions are payable to the Minister for payment into the Fund for each
tonne of Langhorne Creek grapes processed by a Langhorne Creek grapes
winemaker:
(a)
during the prescribed period ending on 31 May 2015—
(i)
in the case of grapes grown by a person other than the
winemaker—
(A) $5.15 is payable by the grower of the
grapes; and
(B) $3.60 is payable by the winemaker; and
(ii)
in the case of grapes grown by the
winemaker—$8.75 is payable by the winemaker;
(b)
during the prescribed period ending on 31 May 2016—
(i)
in the case of grapes grown by a person other than the
winemaker—
(A) $5.30 is payable by the grower of the
grapes; and
(B) $3.70 is payable by the winemaker; and
(ii)
in the case of grapes grown by the
winemaker—$9.00 is payable by the winemaker;
(c)
during the prescribed periods ending on 31 May 2017 and
31 May 2018—
(i)
in the case of grapes grown by a person other than the
winemaker—
(A) $5.45 is payable by the grower of the
grapes; and
(B) $3.80 is payable by the winemaker; and
(ii)
in the case of grapes grown by the
winemaker—$9.25 is payable by the winemaker.
(d)
during the prescribed period ending on 31 May 2019—
(i)
in the case of grapes grown by a person other than the
winemaker—
(A) $5.63 is payable by the grower of the
grapes; and
(B) $3.94 is payable by the winemaker; and
(ii)
in the case of grapes grown by the winemaker—$9.57
is payable by the winemaker;
(e)
during the prescribed period ending on 31 May 2020—
(i)
in the case of grapes grown by a person other than the
winemaker—
(A) $5.80 is payable by the grower of the
grapes; and
(B) $4.06 is payable by the winemaker; and
(ii)
in the case of grapes grown by the winemaker—$9.86
is payable by the winemaker;
(f)
during the prescribed period ending on 31 May 2021—
(i)
in the case of grapes grown by a person other than the
winemaker—
(A) $5.97 is payable by the grower of the
grapes; and
(B) $4.18 is payable by the winemaker; and
(ii)
in the case of grapes grown by the winemaker—$10.15
is payable by the winemaker;
(g)
during the prescribed period ending on 31 May 2022—
(i)
in the case of grapes grown by a person other than the
winemaker—
(A) $6.15 is payable by the grower of the
grapes; and
(B) $4.31 is payable by the winemaker; and
(ii)
in the case of grapes grown by the winemaker—$10.46
is payable by the winemaker.
(1a) The following
contributions are payable to the Minister for payment into the Fund for each
tonne of Langhorne Creek grapes processed by a
Langhorne Creek grapes winemaker during a prescribed period ending on or after
31 May 2023:
(a) in
the case of grapes grown by a person other than the winemaker—
(i)
the amount fixed for the period by the Minister, by
notice in the Gazette, is payable by the grower of the grapes; and
(ii)
the amount fixed for the period by the Minister, by
notice in the Gazette, is payable by the winemaker; and
(b) in
the case of grapes grown by the winemaker—the amount fixed for the
period by the Minister, by notice in the Gazette, is payable by the winemaker.
(2) However—
(a) no
more than the prescribed maximum contribution is payable by each grower in
respect of grapes delivered to winemakers during a prescribed period; and
(b) no
more than the prescribed maximum contribution is payable by each winemaker on
the winemaker's own behalf in respect of grapes delivered to the winemaker
during a prescribed period.
(3) The contributions
are payable on or before the last day of the month that immediately follows
the prescribed period.
(4) Contributions
payable by a grower under subregulation (1) or (1a) for grapes
delivered to a Langhorne Creek grapes winemaker must be paid on behalf of the
grower by the winemaker out of the amount payable by the winemaker to the
grower for the grapes.
(4a) The Minister may,
by notice in the Gazette published before the date for payment of
contributions for a prescribed period, vary an amount fixed under this
regulation in respect of the prescribed period (including an amount specified
as a prescribed maximum contribution under subregulation (10)).
(4b) If the Minister
varies an amount payable under this regulation after the commencement of the
relevant prescribed period, the amount as varied applies only in respect of
the part of the prescribed period following the date on which the variation
takes effect.
(5) A
Langhorne Creek grapes winemaker must—
(a) keep
proper records relating to the growers and tonnage of Langhorne Creek grapes
processed by the winemaker and the contributions required to be made (on the
winemaker's own behalf and on behalf of growers) in respect of those grapes;
and
(b) make
those records available for inspection at any reasonable time by a person
authorised by the Minister for the purpose.
(6) A
Langhorne Creek grapes winemaker must—
(a)
within 30 days after the end of each prescribed period, furnish the Minister
with a financial statement relating to the contributions (on the winemaker's
own behalf and on behalf of growers) for Langhorne Creek grapes processed
during that prescribed period that—
(i)
is in the form, and contains the information, required by
the Minister; and
(ii)
is, if the person has the necessary equipment, in an
electronic form acceptable to the Minister; and
(b)
forward to the Minister, with the annual financial statement required by
paragraph (a), the required contributions (on the winemaker's own behalf
and on behalf of growers) for Langhorne Creek grapes processed during the
prescribed period to which the financial statement relates.
(7) Refunds of
contributions paid in respect of Langhorne Creek grapes processed during a
prescribed period may be claimed by notice in writing to the Minister within
the refund period for that prescribed period as follows:
(a) a
grower of Langhorne Creek grapes may claim a refund in respect of
contributions paid by a Langhorne Creek grapes winemaker on behalf of the
grower;
(b) a
Langhorne Creek grapes winemaker may claim a refund in respect of
contributions paid on the winemaker's own behalf.
(8) A person claiming
a refund under subregulation (7) must supply the Minister with evidence
acceptable to the Minister of the contributions made by the claimant in
respect of which the claim for refund is made.
(9) If the person
satisfies the Minister that the person is entitled to a refund, the Minister
must refund to the person the amount of the contributions paid by or on behalf
of the person, together with interest (at the official cash rate) on that
amount for the period commencing on the date of payment of the contributions
to the Minister and ending on the date of lodgment of the claim for the
refund.
"official cash rate" means the cash rate fixed by the Reserve Bank of
Australia and prevailing on the date of lodgment of the claim for the refund;
"prescribed maximum contribution" means—
(a) in
respect of a prescribed period ending on or before
31 May 2022—$30 000; or
(b) in
respect of a prescribed period ending on or after
31 May 2023—the amount fixed by the Minister, by notice in the
Gazette, as the maximum contribution for the period;
"refund period" means—
(a) in
respect of a prescribed period up to and including the prescribed period
ending on 31 May 2021—the period of 12 months following
the prescribed period; or
(b) in
respect of each subsequent prescribed period—the period of 6 months
following the prescribed period.