South Australian Current Regulations

PRIMARY INDUSTRY FUNDING SCHEMES (CITRUS GROWERS FUND) REGULATIONS 2017 - REG 5

5—Contributions for citrus fruit sold by citrus growers

        (1)         Contributions are payable to the Minister by or on behalf of citrus growers for payment into the Fund as follows:

            (a)         the amount payable is—

                  (i)         $1.00; or

                  (ii)         if some other amount (which may be 0) is specified by the Minister by notice in the Gazette—that other amount,

for each tonne of citrus fruit produced and sold by a citrus grower;

            (b)         contributions are payable on a quarterly basis, or, with the approval in writing by the Minister on application by—

                  (i)         the grower; or

                  (ii)         in the case of fruit sold by a grower to a citrus packer or citrus processor—the packer or processor (as the case may be),

on a monthly, half-yearly or yearly basis;

            (c)         contributions payable for citrus fruit sold during a quarter (or other period as may be approved under paragraph (b)) fall due 28 days after that quarter (or other period);

            (d)         if citrus fruit is sold by the citrus grower to a person who is not a citrus packer or citrus processor—

                  (i)         the contributions for a particular quarter (or other period) are payable in respect of the tonnage of citrus fruit sold during the quarter (or period); and

                  (ii)         the contributions are payable directly by the grower;

            (e)         if citrus fruit is sold by the citrus grower to a citrus packer or citrus processor—

                  (i)         the contributions for a particular quarter (or period) are payable in respect of the tonnage of citrus fruit packed or processed during the quarter (or period); and

                  (ii)         the contributions are payable by the citrus packer or citrus processor on behalf of the citrus grower out of the amount payable to the citrus grower for the citrus fruit.

        (2)         A citrus packer or citrus processor who pays contributions on behalf of a citrus grower must—

            (a)         deduct the amount of the contributions from the amount payable by the citrus packer or citrus processor to the citrus grower for the citrus fruit; and

            (b)         keep proper records constituting evidence of the sale and deduction and make those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose.

        (3)         Each quarterly (or other periodic) payment of contributions to the Minister must be accompanied by a statement setting out the name and address of each citrus grower by or on behalf of whom the contributions are paid and, for each grower, the tonnage of citrus fruit in respect of which the contributions are paid.

        (4)         The Minister may—

            (a)         vary or revoke a notice in the Gazette made under subregulation (1)(a) by subsequent notice in the Gazette;

            (b)         vary or revoke an approval under subregulation (1)(b).

        (5)         A reference in subregulation (1)(a) to citrus fruit produced by a citrus grower is a reference to citrus fruit produced by the citrus grower during any season (including citrus fruit produced before the commencement of this regulation and sold after that commencement).