5—Contributions to Fund
(1) Subject to these
regulations, the following contributions are payable to the Minister, for
payment into the Fund, for Barossa grapes delivered to a Barossa winemaker
during a prescribed period commencing on or after 1 June 2022:
(a) the
Barossa winemaker must contribute—
(i)
in the case of a Barossa winemaker who has a cellar door,
winemaking facility or vineyard in the Barossa, the amount fixed for the
period by the Minister by notice in the Gazette; or
(ii)
in any other case, whichever of the following is the
greater amount:
(A) the amount fixed by the Minister, by
notice in the Gazette, as the minimum contribution for the period;
(B) the amount fixed for the period by the
Minister, by notice in the Gazette, for each tonne of grapes delivered to the
winemaker during the period;
(b) a
grower of grapes who delivers the Barossa grapes to the Barossa winemaker must
contribute the amount fixed for the period by the Minister, by notice in the
Gazette, for each tonne of grapes delivered to the winemaker during the
period.
(2) The Minister may,
by notice in the Gazette, fix maximum amounts that are to be payable for a
prescribed period by the grower of grapes or a winemaker under this
regulation.
(3) The contributions
in respect of a prescribed period are payable on or before the last day of the
month that immediately follows the prescribed period.
(4) 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
subregulation (1) or (2) in respect of the prescribed period.
(5) If the Minister
varies an amount payable under subregulation (1) in respect of a
prescribed period after the commencement of the 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.
(6) A
Barossa winemaker must—
(a) keep
proper records relating to the tonnage of Barossa grapes delivered to the
winemaker, the growers of those grapes 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.
(7) A
Barossa winemaker must, on or before the last day of the month that
immediately follows a prescribed period—
(a)
furnish the Minister with a financial statement relating to the contributions
(on the winemaker's own behalf and on behalf of growers) for Barossa grapes
delivered 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 financial statement required by
paragraph (a), the required contributions (on the winemaker's own behalf
and on behalf of growers) for Barossa grapes delivered during the prescribed
period to which the financial statement relates.