{"id":"C1964A00043","name":"Dried Vine Fruits Contributory Charges Act 1964","slug":"dried-vine-fruits-contributory-charges-act-1964","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"43 of 1964","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":5055,"registerId":"commonwealth-C1964A00043-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Dried Vine Fruits Contributory Charges Act 1964","content":"DRIED VINE FRUITS CONTRIBUTORY CHARGES.\n\nNo. 43 of 1964.\n\nAn Act to impose Contributory Charges upon certain Dried Vine Fruits.\n\n\\[Assented to 28th May, 1964.\\]\n\nBE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—\n\nShort title.\n\n1. This Act may be cited as the Dried Vine Fruits Contributory Charges Act 1964.\n\nCommencement.\n\n2. This Act shall come into operation on the day on which it receives the Royal Assent.\n\nCollection Act to be read as one with this Act.\n\n3. The Dried Vine Fruits Contributory Charges (Collection) Act 1964 shall, for the purposes of interpretation, be read as one with this Act.\n\nInterpretation.\n\n4.—(1.) In this Act, unless the contrary intention appears—\n\n“charge” means contributory charge imposed by this Act;\n\n“season” means a season to which the Dried Vine Fruits Stabilization Act 1964 applies.\n\n(2.) Expressions used in this Act that are defined by section three of the Dried Vine Fruits Stabilization Act 1964 have the same meanings as they have in that Act.\n\nImposition of charges.\n\n5.—(1.) Subject to this Act, where—\n\n(a) the quantity of currants of a season received for packing exceeds eight thousand tons; and\n\n(b) the average return for currants of that season exceeds the cost of production by more than Five pounds,\n\na contributory charge is imposed on currants of that season received for packing.\n\n(2.) Subject to this Act, where—\n\n(a) the quantity of sultanas of a season received for packing exceeds fifty thousand tons; and\n\n  \n\n(b) the average return for sultanas of that season exceeds the cost of production by more than Five pounds,\n\na contributory charge is imposed on sultanas of that season received for packing.\n\n(3.) Subject to this Act, where—\n\n(a) the quantity of raisins of a season received for packing exceeds six thousand tons; and\n\n(b) the average return for raisins of that season exceeds the cost of production by more than Five pounds,\n\na contributory charge is imposed on raisins of that season received for packing.\n\nIncidence of charges.\n\n6.—(1.) Where any fruit received for packing has been purchased by the packer or received by him under a contract or arrangement that permits or requires him to sell, or arrange for the sale of, the packed fruit derived from the fruit received for packing and to receive the net proceeds of the sale, the packer is liable to pay the charge on the fruit received for packing.\n\n(2.) Where the last preceding sub-section does not apply, the grower of the fruit received for packing is liable to pay the charge on that fruit.\n\nDeclaration that charge not payable.\n\n7. If, in relation to currants, sultanas or raisins of a season—\n\n(a) it is found, when the average return has been determined, that charge is not payable; or\n\n(b) the Minister is satisfied, at any time before the average return has been determined, that charge will not be payable,\n\nthe Minister shall, by notice published in the Gazette, declare that charge is not payable in respect of currants, sultanas or raisins, as the case may be, of that season, and, after the publication of that notice, charge is not payable in respect of currants, sultanas or raisins, as the case may be, of that season.\n\nRates of the charges.\n\n8.—(1.) If, when the average return in respect of currants, sultanas or raisins of a season has been determined, charge is found to be payable in respect of currants, sultanas or raisins, as the case may be, of that season, the Minister shall, by notice published in the Gazette—\n\n(a) declare that charge is so payable; and\n\n(b) declare the rate of the charge, as determined by him in accordance with the succeeding provisions of this section,\n\nand, after publication of the notice, charge is payable as declared by the notice and at the rate declared by the notice.\n\n  \n\n(2.) The rate per ton of the charge on currants, sultanas or raisins of a season shall, subject to the next succeeding sub-section, be determined in accordance with the formula:—\n\n![](image.001.png)\n\nwhere—\n\n“A” is the number that, in the opinion of the Minister, is the number of tons of currants, sultanas or raisins, as the case may be, received for packing from which were derived the packed currants, packed sultanas or packed raisins of the season that have been, or will be, sold;\n\n“B” is the average return for currants, sultanas or raisins, as the case may be, of the season;\n\n“C” is the cost of production of currants, sultanas or raisins, as the case may be, of the season; and\n\n“D” is a number equal to the number of tons of currants, sultanas or raisins, as the case may be, of the season received for packing.\n\n(3.) Where the rate per ton of any charge as ascertained in accordance with the formula contained in the last preceding sub-section would exceed Ten pounds, the rate per ton of the charge to be determined by the Minister shall be Ten pounds.\n\nProvisional charge.\n\n9. For the purpose of securing the collection of the charges imposed by this Act, provisional charge is imposed in accordance with the provisions of the Dried Vine Fruits Contributory Charges (Collection) Act 1964.","sortOrder":0}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act is tightly focused on its original and sole purpose: imposing a contributory charge on currants, sultanas, and raisins during profitable seasons as part of the 1964 dried vine fruits stabilisation scheme. There is no evidence of scope creep — the Act contains no amendments, no expansion to other commodities, and no broadening of its administrative reach. It remains a narrow, single-purpose charging instrument entirely consistent with its original intent."},"complexity_factors":["Relies heavily on cross-references to two external Acts (the Dried Vine Fruits Stabilization Act 1964 and the Dried Vine Fruits Contributory Charges (Collection) Act 1964), meaning the Act cannot be fully understood in isolation","Defined terms are imported by reference from another Act rather than defined here, adding interpretive difficulty","Mathematical formula in section 8(2) with four variables (A, B, C, D) for calculating the charge rate adds quantitative complexity","Dual-trigger conditional logic in section 5 (both volume and profit thresholds must be met independently for each of three fruit types)","Split liability rules in section 6 requiring analysis of the commercial arrangement between grower and packer to determine who pays","Ministerial discretion at multiple points (declaring charge payable/not payable, determining the rate) creates dependency on administrative action outside the Act itself","Currency expressed in pre-decimal pounds (£), reflecting the 1964 era and potentially requiring conversion context for modern readers"],"plain_english_summary":"## Dried Vine Fruits Contributory Charges Act 1964\n\nThis Act imposes a special levy (called a \"contributory charge\") on three types of dried fruit — **currants, sultanas, and raisins** — when the industry is doing particularly well in a given season. Think of it as a good-times levy: when growers and packers are earning solid profits above the cost of production, a portion of those extra earnings is clawed back into a stabilisation fund.\n\n---\n\n### Who does it affect?\n\n- **Fruit packers** — businesses that receive and pack dried vine fruits. If a packer buys the fruit (or sells it and keeps the proceeds), they are the ones liable to pay the charge.\n- **Fruit growers** — if the fruit is *not* handled under that kind of commercial arrangement, the grower themselves must pay the charge instead.\n\n---\n\n### When does the charge apply?\n\nThe charge only kicks in if **both** of the following conditions are met for a given season:\n\n- **Enough fruit is produced** — specifically, more than 8,000 tonnes of currants, 50,000 tonnes of sultanas, or 6,000 tonnes of raisins must have been received for packing; **and**\n- **Profits are high enough** — the average return (what the fruit actually sells for) must exceed the cost of production by more than **£5 per tonne**.\n\nIf either condition isn't met, no charge applies. The Minister can formally declare this by publishing a notice in the Government Gazette (the official government publication journal).\n\n---\n\n### How much is the charge?\n\nThe charge rate is calculated using a **formula** that essentially captures the \"excess profit\" above production costs, spread across all the tonnes received for packing. In plain terms: the bigger the profit margin, the higher the charge. However, there is a **cap of £10 per tonne** — the charge can never exceed that amount, no matter how profitable the season was.\n\nThe Minister determines the exact rate and announces it via the Gazette.\n\n---\n\n### Why does it matter?\n\nThis Act is part of a broader **industry stabilisation scheme** for the dried vine fruits sector. By collecting a levy during good seasons, the scheme builds up funds that can be used to support the industry during bad seasons. It's an early example of a government-backed industry buffer mechanism designed to smooth out the boom-and-bust cycle in agricultural production.\n\nA companion Act — the *Dried Vine Fruits Contributory Charges (Collection) Act 1964* — handles the nuts and bolts of actually collecting the money, including a \"provisional charge\" collected upfront while the final figures are being worked out."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Section 8(2)","severity":"high","reasoning":"Section 8(2) purports to set out a formula for calculating the rate per ton of the contributory charge, which is the central financial obligation of the Act. However, the formula itself is replaced by a broken image reference ('image.001.png'). While this may be a digitisation/rendering issue rather than a drafting flaw in the original 1964 Act, the practical effect is that any person reading this version of the legislation cannot determine the rate of charge they are liable to pay. The variables A, B, C, and D are defined, but the mathematical relationship between them is invisible. Compliance is therefore impossible from the text as presented.","confidence":0.85,"description":"The rate formula references an image file ('image.001.png') that is not reproduced in the legislation text. The actual mathematical formula — the core operative mechanism for calculating the charge rate — is entirely missing from the readable text of the Act."},{"type":"other","section":"Section 9","severity":"medium","reasoning":"While cross-referencing a collection act is a common legislative technique, Section 9 goes further by delegating the entire imposition mechanism of the provisional charge to that external Act. Section 3 states the Collection Act is to be 'read as one' with this Act, which is standard practice, but Section 9 effectively imposes a tax by reference without any detail whatsoever — no rate, no incidence, no threshold. Given that taxation legislation must impose charges with clarity (and constitutional validity under s.55 of the Constitution may require the imposition to be in the charging Act itself), this bare delegation is at minimum a medium-severity drafting concern.","confidence":0.65,"description":"Section 9 imposes a 'provisional charge' by reference to an entirely separate Act (the Collection Act), meaning the operative charging mechanism is not self-contained and the rate and incidence of the provisional charge cannot be determined from this Act alone."},{"type":"circular_definition","section":"Section 4(1) — definition of 'season'","severity":"low","reasoning":"Technically this is a cross-reference rather than a circular definition in the pure logical sense (A = A), but the practical effect is the same: the term 'season' — which appears in every charging provision (ss.5, 6, 7, 8) — is entirely undefined within this Act. A reader cannot determine when a charge applies without consulting the Stabilization Act. For a charging Act, this creates genuine interpretive dependency. Section 4(2) compounds this by also incorporating all other defined terms from the Stabilization Act by wholesale reference.","confidence":0.75,"description":"The definition of 'season' is entirely circular and dependent on a separate Act: it means 'a season to which the Dried Vine Fruits Stabilization Act 1964 applies.' The meaning of 'season' in that Act is not reproduced here, so the fundamental temporal scope of this charging Act cannot be determined without consulting external legislation."},{"type":"other","section":"Section 5(1)(a), 5(2)(a), 5(3)(a)","severity":"low","reasoning":"This is a common problem with legislation that embeds specific numerical thresholds without indexation or ministerial discretion to adjust. The 50,000-ton threshold for sultanas versus the 8,000-ton threshold for currants and 6,000-ton threshold for raisins also reflects 1964 industry conditions. While not logically absurd at enactment, the absence of any adjustment mechanism is a structural flaw that worsens over time. This is noted as low severity because it is a policy design issue rather than an immediate logical impossibility.","confidence":0.7,"description":"The volume thresholds triggering a charge (8,000 tons of currants, 50,000 tons of sultanas, 6,000 tons of raisins) are fixed in the Act with no mechanism for adjustment, meaning that as inflation, agricultural productivity, and industry scale change over time, these thresholds become increasingly arbitrary and potentially obsolete — either never triggering (too high) or always triggering (too low) relative to contemporary conditions."},{"type":"impossible_compliance","section":"Sections 7 and 8","severity":"medium","reasoning":"The average return is the pivotal figure in both the threshold test (s.5: must exceed cost of production by more than £5) and the rate formula (s.8(2): variable 'B'). Yet this Act provides no definition of how it is calculated or who has authority to determine it. Section 4(2) incorporates definitions from the Stabilization Act by reference, so 'average return' may be defined there — but if it is not, or if the determination mechanism is missing, then the entire charging structure is inoperable. This warrants medium severity given the dependence on the external Act.","confidence":0.6,"description":"Both sections contemplate that the Minister acts 'when the average return has been determined,' but neither this Act nor its text defines who determines the average return, by what method, or by what deadline. The charge rate calculation in s.8(2) depends entirely on this undetermined figure, creating a situation where the charging obligation exists but can never be quantified."}],"contradictions":[{"severity":"medium","section_a":"Section 5 (Imposition of charges)","section_b":"Section 7 (Declaration that charge not payable)","confidence":0.72,"description":"Section 5 mandatorily imposes a charge ('a contributory charge is imposed') whenever the volume and average return thresholds are met — the language is automatic and unconditional. However, Section 7(b) grants the Minister a discretionary power to declare charge not payable before the average return is determined, on the basis of mere satisfaction that it 'will not be payable.' This creates a tension: a charge that is linguistically imposed by statute (s.5) can be pre-emptively nullified by ministerial opinion (s.7(b)), before the facts that trigger imposition have even been established."},{"severity":"medium","section_a":"Section 6(1) (Packer liability)","section_b":"Section 6(2) (Grower liability)","confidence":0.58,"description":"Section 6 creates a binary liability scheme: either the packer pays (s.6(1)) or the grower pays (s.6(2)). However, the condition in s.6(1) — that the packer purchased the fruit or received it under a contract permitting sale of packed fruit and receipt of net proceeds — is defined in terms that could plausibly apply simultaneously to both parties in complex commercial arrangements (e.g., a cooperative structure where both grower and packer have rights to net proceeds). The Act provides no mechanism to resolve dual applicability or partial applicability, potentially leaving liability genuinely ambiguous."},{"severity":"medium","section_a":"Section 8(1) (Minister declares charge payable and sets rate)","section_b":"Section 9 (Provisional charge imposed)","confidence":0.67,"description":"Section 9 imposes a provisional charge for the purpose of 'securing the collection' of the charges in this Act, but Section 8(1) requires the Minister to first determine the average return and then declare the charge payable and set the rate. This creates a temporal paradox: the provisional charge (s.9) is meant to be collected before the final charge is determined, yet the final charge under s.8 can only be declared after the average return is established. If the provisional charge is collected but the Minister subsequently makes a declaration under s.7 that no charge is payable, the legal basis for the already-collected provisional charge is retroactively undermined. The Act contains no express refund or restitution mechanism in this Act itself."}]}},"importantCases":[],"_links":{"self":"/api/acts/dried-vine-fruits-contributory-charges-act-1964","history":"/api/acts/dried-vine-fruits-contributory-charges-act-1964/history","analysis":"/api/acts/dried-vine-fruits-contributory-charges-act-1964/analysis","conflicts":"/api/acts/dried-vine-fruits-contributory-charges-act-1964/conflicts","importantCases":"/api/acts/dried-vine-fruits-contributory-charges-act-1964/important-cases","documents":"/api/acts/dried-vine-fruits-contributory-charges-act-1964/documents"}}