South Australian Current Regulations

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PRIMARY INDUSTRY FUNDING SCHEMES (SHEEP INDUSTRY FUND) REGULATIONS 2014 - REG 6

6—Contributions

        (1)         The following contributions must be paid to the Minister for payment into the Fund in respect of each contract of sale under which 5 or more sheep are sold for an average price of $5 or more per sheep:

            (a)         a dog fence rebuild contribution of—

                  (i)         12 cents per sheep; or

                  (ii)         if some other amount per sheep (which may be 0) is determined by the Minister by notice in the Gazette—that other amount;

            (b)         a general contribution of 55 cents per sheep.

        (2)         For the purposes of subregulation (1), if, in a financial year, a person enters into more than 1 contract with the same purchaser for the sale of less than 5 sheep, the contracts will be taken to be a single contract.

        (3)         Subject to subregulation (4), the contributions must be paid by the vendor of the sheep.

        (4)         If there is a collection agent for the contract of sale of sheep, the collection agent must pay the contributions on behalf of the vendor of the sheep.

        (5)         The relevant collection agent or, in respect of a contract of sale for which there is no collection agent, the vendor of sheep must—

            (a)         keep proper records relating to contracts of sale of sheep entered into by the person (either as principal or agent) and the contributions required to be made in respect of those contracts; and

            (b)         make those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose.

        (6)         The relevant collection agent or, in the case of a contract of sale for which there is no collection agent, the vendor of sheep must—

            (a)         within 14 days after the end of each quarter, furnish the Minister with a financial statement relating to the contributions arising from contracts of sale of sheep entered into by the person (either as principal or agent) during that quarter 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)         receive and forward to the Minister, with the quarterly financial statement required by paragraph (a), the required contributions for contracts of sale entered into during the quarter to which the financial statement relates.

        (7)         A person who was the vendor of sheep at the time contributions became payable under this regulation in respect of a contract of sale may claim a refund from the Fund for—

            (a)         dog fence rebuild contributions; or

            (b)         general contributions,

(or both) made in the financial year immediately preceding the financial year in which the person makes the claim in respect of contracts of sale of the person's sheep.

        (8)         If a person, by written notice to the Minister, requests the Minister to refund contributions, the Minister must, on being satisfied that the person is entitled to the refund, pay to the person an amount determined in accordance with the following formula:

2014.224.un00.jpg

where—

"R" is the total amount of the refund;

"C" "t" is the total amount of dog fence rebuild contributions or general contributions paid during the financial year immediately preceding the financial year in which the person claims the refund in respect of contracts of sale of the person's sheep;

"C" "1" is the contribution paid during the first quarter of that financial year in respect of contracts of sale of the person's sheep;

"C" "2" is the contribution paid during the second quarter of that financial year in respect of contracts of sale of the person's sheep;

"C" "3" is the contribution paid during the third quarter of that financial year in respect of contracts of sale of the person's sheep;

"C" "4" is the contribution paid during the fourth quarter of that financial year in respect of contracts of sale of the person's sheep;

"I" is the annual short term interest for that financial year (as published by the Reserve Bank of Australia) expressed as a percentage.



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