South Australian Numbered Regulations South Australian Numbered Regulations5—Variation of regulation 5—Contributions to Fund
(1) Regulation 5(1)—delete subregulation (1) and substitute:
(1) The following contributions are payable to the Minister for payment into the Fund for Clare Valley grapes delivered to a Clare Valley winemaker during the prescribed period commencing on 1 June 2017:
(a) for grapes delivered before the relevant day—contributions are payable by the winemaker and grower of the grapes (other than the winemaker) in accordance with regulation 5(1) and Schedule 2, as in force immediately before the relevant day;
(b) for grapes delivered on or after the relevant day—contributions are payable as follows:
(i) in the case of a Clare Valley winemaker who has a vineyard, winemaking facility or cellar door in the Clare Valley—the winemaker must contribute—
(A) the prescribed minimum contribution; or
(B) an amount being the sum of—
• the prescribed rate for each tonne of grapes grown by the winemaker delivered on or after the relevant day; and
• the prescribed rate for each tonne of grapes grown by a person other than the winemaker delivered on or after the relevant day,
whichever is the greater, provided that if contributions are payable by the winemaker under paragraph (a), those contributions may be taken into account in determining if the prescribed minimum contribution has or has not been exceeded for the purposes of this subparagraph;
(ii) in the case of any other Clare Valley winemaker—the winemaker must contribute the prescribed rate for each tonne of grapes grown by a person other than the winemaker delivered on or after the relevant day;
(iii) if the grapes are grown by a person other than the winemaker—the grower of the grapes must contribute the prescribed rate for each tonne of grapes delivered on or after the relevant day.
(1a) The following contributions are payable to the Minister for payment into the Fund for Clare Valley grapes delivered to a Clare Valley winemaker during the prescribed period commencing on 1 June 2018, and each subsequent prescribed period thereafter:
(a) in the case of a Clare Valley winemaker who has a vineyard, winemaking facility or cellar door in the Clare Valley—the winemaker must contribute—
(i) the prescribed minimum contribution; or
(ii) an amount being the sum of—
(A) the prescribed rate for each tonne of grapes grown by the winemaker delivered during the prescribed period; and
(B) the prescribed rate for each tonne of grapes grown by a person other than the winemaker delivered during the prescribed period,
whichever is the greater;
(b) in the case of any other Clare Valley winemaker—the winemaker must contribute the prescribed rate for each tonne of grapes grown by a person other than the winemaker delivered during the prescribed period;
(c) if the grapes are grown by a person other than the winemaker—the grower of the grapes must contribute the prescribed rate for each tonne of grapes delivered during the prescribed period.
(1b) However, despite subregulations (1) and (1a)—
(a) for the prescribed period commencing on 1 June 2017—
(i) no more than $15 000 is payable by each grower in respect of grapes delivered to winemakers during that period (whether delivered before, or on or after, the relevant day); and
(ii) no more than $15 000 is payable by each winemaker on the winemaker's own behalf in respect of grapes delivered to the winemaker during that period (whether delivered before, or on or after, the relevant day); and
(b) for the prescribed period commencing on 1 June 2018—
(i) no more than $15 000 is payable by each grower in respect of grapes delivered to winemakers during that period; and
(ii) no more than $15 000 is payable by each winemaker on the winemaker's own behalf in respect of grapes delivered to the winemaker during that period; and
(c) for the prescribed period commencing on 1 June 2019—
(i) no more than $17 500 is payable by each grower in respect of grapes delivered to winemakers during that period; and
(ii) no more than $17 500 is payable by each winemaker on the winemaker's own behalf in respect of grapes delivered to the winemaker during that period; and
(d) for the prescribed period commencing on 1 June 2020—
(i) no more than $17 500 is payable by each grower in respect of grapes delivered to winemakers during that period; and
(ii) no more than $17 500 is payable by each winemaker on the winemaker's own behalf in respect of grapes delivered to the winemaker during that period; and
(e) for the prescribed period commencing on 1 June 2021—
(i) no more than $20 000 is payable by each grower in respect of grapes delivered to winemakers during that period; and
(ii) no more than $20 000 is payable by each winemaker on the winemaker's own behalf in respect of grapes delivered to the winemaker during that period; and
(f) for the prescribed period commencing on 1 June 2022—
(i) no more than $20 000 is payable by each grower in respect of grapes delivered to winemakers during that period; and
(ii) no more than $20 000 is payable by each winemaker on the winemaker's own behalf in respect of grapes delivered to the winemaker during that period.
(2) Regulation 5—after subregulation (5) insert:
(6) In this regulation—
"prescribed minimum contribution" means—
(a) if the winemaker has a cellar door located in the Clare Valley—$1 000; or
(b) if the winemaker does not have a cellar door located in the Clare Valley—$500.