{"id":"C1964A00042","name":"Dried Vine Fruits Stabilization Act 1964","slug":"dried-vine-fruits-stabilization-act-1964","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"42 of 1964","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":5052,"registerId":"commonwealth-C1964A00042-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Dried Vine Fruits Stabilization Act 1964","content":"DRIED VINE FRUITS STABILIZATION.\n\nNo. 42 of 1964.\n\nAn Act relating to the Stabilization of Returns to Growers of 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 Stabilization Act 1964.\n\nCommencement.\n\n2. This Act shall come into operation on the day on which it receives the Royal Assent.\n\nDefinitions.\n\n3. In this Act, unless the contrary intention appears—\n\n“a Stabilization Fund” means the Currants Stabilization Fund, the Sultanas Stabilization Fund or the Raisins Stabilization Fund;\n\n“charge” means contributory charge imposed by the Dried Vine Fruits Contributory Charges Act 1964;\n\n  \n\n“currants” means dried currant grapes of a season to which this Act applies;\n\n“fruit” means currants, sultanas or raisins;\n\n“packed” means packed at a packing house, whether before or after the commencement of this Act;\n\n“packing house” means any premises or place registered as a packing house or packing shed under a law of the Commonwealth or of a State relating to dried fruits;\n\n“raisin grapes” means White Muscatel or Waltham Cross (sometimes called Malaga) grapes;\n\n“raisins” means raisin grapes of a season to which this Act applies that have been dipped and dried;\n\n“received for packing”, in relation to fruit, means received into a packing house (whether before or after the commencement of this Act);\n\n“season” means a period of twelve months commencing on the first day of January and, when used in relation to fruit, means the season in which the fruit was harvested;\n\n“sultanas” means dried sultana grapes of a season to which this Act applies;\n\n“the average return”, in relation to currants, sultanas or raisins of a particular season, means the amount determined by the Minister in respect of currants, sultanas or raisins, as the case may be, of that season under section seven of this Act;\n\n“the cost of production”, in relation to currants, sultanas or raisins of a particular season, means the cost per ton of production and delivery for packing of currants, sultanas or raisins, as the case may be, as declared by, or determined under, section six of this Act in respect of that season;\n\n“the grower”, in relation to fruit received for packing, means the person in whose name that fruit was delivered to the packer, and includes, where that person is deceased, his legal personal representative;\n\n  \n\n“the guaranteed price”, in relation to currants, sultanas or raisins of a particular season, means an amount equal to the cost of production of currants, sultanas or raisins, as the case may be, of that season, less Five pounds;\n\n“the guaranteed quantity” means—\n\n(a) in relation to currants—thirteen thousand five hundred tons of currants received for packing;\n\n(b) in relation to sultanas—seventy-five thousand tons of sultanas received for packing; and\n\n(c) in relation to raisins—eleven thousand tons of raisins received for packing;\n\n“the packer” means—\n\n(a) in relation to fruit received for packing—the proprietor of the packing house into which the fruit was received; and\n\n(b) in relation to packed fruit—the proprietor of the packing house in which the fruit was packed.\n\nSeasons to which Act applies.\n\n4\\. This Act applies only in relation to the season that commenced on the first day of January, One thousand nine hundred and sixty-four, and the next four succeeding seasons.\n\nStandards may be prescribed.\n\n5.—(1.) The regulations may prescribe standards of quality for currants, sultanas or raisins for the purposes of this Act.\n\n(2.) Fruit delivered for packing that does not comply with a relevant prescribed standard that is in force at the time of the receipt of the fruit into the packing house shall be deemed not to be currants, sultanas or raisins within the meaning of this Act.\n\n(3.) The standards referred to in this section may be prescribed by reference to the provisions of a law of the Commonwealth or of a State relating to dried fruit, as in force at the time when the regulations are made.\n\nCost of production.\n\n6.—(1.) In respect of the season that commenced on the first day of January, One thousand nine hundred and sixty-four—\n\n(a) the cost of production and delivery for packing of currants is declared to be One hundred and thirteen pounds ten shillings per ton;\n\n(b) the cost of production and delivery for packing of sultanas is declared to be One hundred and nine pounds five shillings per ton; and\n\n(c) the cost of production and delivery for packing of raisins is declared to be One hundred and one pounds per ton.\n\n(2.) The Minister shall, as early as practicable in each season in relation to which this Act applies after the first such season, determine, and notify in the Gazette, the cost per ton of production and delivery for packing of currants, sultanas and raisins respectively of that season.\n\n  \n\n(3.) In making a determination under this section, the Minister shall—\n\n(a) take as a basis the relevant cost of production and delivery for packing specified in sub-section (1.) of this section; and\n\n(b) make such increase or decrease as he considers appropriate by reason of increases or decreases in relevant costs.\n\nAscertainment of average return.\n\n7.—(1.) When the Minister is satisfied that the packed currants, packed sultanas or packed raisins of a season have been completely, or almost completely, sold or otherwise disposed of, the Minister shall determine, in accordance with this section, and notify in the Gazette, in relation to currants, sultanas or raisins, as the case may be, of that season, the average return per ton of fruit received for packing.\n\n(2.) The amount referred to in the last preceding sub-section shall be determined by—\n\n(a) deducting from the total proceeds of the original sales of all packed currants, packed sultanas or packed raisins, as the case may be, of the season that have been sold such amount as the Minister considers appropriate in order to convert those proceeds to the corresponding proceeds for the fruit received for packing from which the packed fruit so sold was derived; and\n\n(b) dividing the resultant amount by a number equal to 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 the packed fruit that has been sold was derived.\n\n(3.) The Minister may, from time to time after the commencement of a season, by notice published in the Gazette, declare the minimum prices, or the manner of ascertaining the minimum prices, for the original sale for consumption in Australia of packed currants, packed sultanas or packed raisins of that season that he will take into account for the purposes of determining the average return.\n\n(4.) Where the original sale (not being a sale for export or a sale after export) of any packed currants, packed sultanas or packed raisins of a season is made at a time when a notice under the last preceding sub-section is in force in relation to packed\n\n  \n\ncurrants, packed sultanas or packed raisins, as the case may be, of that season, and the sale is made at a price less than the appropriate minimum price calculated in accordance with the notice, the sale shall, for the purposes of determining the average return, be deemed to have been made at the appropriate minimum price so calculated.\n\nBounties.\n\n8.—(1.) Where the average return for currants of a season is less than the guaranteed price, a bounty is payable on the production of currants of that season received for packing.\n\n(2.) Where the average return for sultanas of a season is less than the guaranteed price, a bounty is payable on the production of sultanas of that season received for packing.\n\n(3.) Where the average return for raisins of a season is less than the guaranteed price, a bounty is payable on the production of raisins of that season received for packing.\n\nTo whom bounty payable.\n\n9.—(1.) Subject to this section, the bounty in respect of any fruit received for packing is payable to the grower of hat fruit.\n\n(2.) Where the grower of any fruit received for packing has made an arrangement or assignment by virtue of which a company or other organization performing functions in relation to the proceeds of the marketing of packed fruit is authorized or entitled to receive bounty payable to the grower in respect of that fruit received for packing, the Commonwealth may pay the bounty to that company or organization.\n\n(3.) Subject to the last preceding sub-section, an assignment of bounty is void as against the Commonwealth.\n\nRates of bounties.\n\n10.—(1.) If, when the Minister has determined the average return in respect of currants, sultanas or raisins of a season, bounty is found to be payable in respect of currants, sultanas or raisins, as the case may be, of that season, the Minister shall determine in accordance with the next succeeding sub-section, and notify in the Gazette, the rate of that bounty, and the rate so notified shall be the rate of that bounty, notwithstanding any defect or irregularity in any determination of the Minister.\n\n(2.) The rate per ton of fruit received for packing of a bounty in respect of a season shall be determined in accordance with the formula:—\n\n![](image.001.png)\n\nwhere—\n\n“A” is a number equal to—\n\n(a) the number of tons that is the guaranteed quantity of currants, sultanas or raisins, as the case may be; or\n\n  \n\n(b) 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\nwhichever is the less;\n\n“B” is the guaranteed price for currants, sultanas or raisins, as the case may be, of the season;\n\n“C” is the average return for 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\nStabilization Funds.\n\n11.—(1.) There is hereby established a Currants Stabilization Fund, into which shall be paid out of the Consolidated Revenue Fund amounts equal to the amounts from time to time collected by way of charge (including provisional charge) imposed in respect of currants by the Dried Vine Fruits Contributory Charges Act 1964.\n\n(2.) There is hereby established a Sultanas Stabilization Fund, into which shall be paid out of the Consolidated Revenue Fund amounts equal to the amounts from time to time collected by way of charge (including provisional charge) imposed in respect of sultanas by the Dried Vine Fruits Contributory Charges Act 1964.\n\n(3.) There is hereby established a Raisins Stabilization Fund, into which shall be paid out of the Consolidated Revenue Fund amounts equal to the amounts from time to time collected by way of charge (including provisional charge) imposed in respect of raisins by the Dried Vine Fruits Contributory Charges Act 1964.\n\n(4.) Each Stabilization Fund established by this section is a Trust Account within the meaning of section sixty-two a of the Audit Act 1901–1962.\n\n(5.) Bounty in respect of currants shall be paid out of the Currants Stabilization Fund.\n\n(6.) Bounty in respect of sultanas shall be paid out of the Sultanas Stabilization Fund.\n\n(7.) Bounty in respect of raisins shall be paid out of the Raisins Stabilization Fund.\n\n(8.) In the event of the amount standing to the credit of a Stabilization Fund being at any time insufficient to meet any payment under this section from that fund, there shall be paid into that fund out of the Consolidated Revenue Fund the amount necessary to meet the deficiency.\n\n  \n\n(9.) Moneys standing to the credit of a Stabilization Fund may be invested in securities of the Commonwealth or on deposit with the Reserve Bank of Australia, and income derived from such investments forms part of the fund.\n\n(10.) Where, by reason of the provisions of section five of the Dried Vine Fruits Contributory Charges (Collection) Act 1964 or by reason of error, an amount paid as charge or provisional charge by any person is repayable to that person, the moneys required for the purposes of the repayment shall be paid out of the Consolidated Revenue Fund.\n\n(11.) Where an amount has been paid into a Stabilization Fund in respect of an amount paid as charge or provisional charge that is later repaid in accordance with the last preceding subsection, an amount equal to the amount repaid shall be—\n\n(a) deducted from further amounts otherwise payable into that fund; or\n\n(b) paid out of that fund into the Consolidated Revenue Fund.\n\n(12.) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of any payment required by this section to be made out of that Fund.\n\nRefunds from Funds.\n\n12.—(1.) For the purposes of this section, “the maximum amount” means—\n\n(a) in relation to the Currants Stabilization Fund—Five hundred thousand pounds;\n\n(b) in relation to the Sultanas Stabilization Fund—Two million pounds; and\n\n(c) in relation to the Raisins Stabilization Fund—Five hundred thousand pounds.\n\n(2.) Subject to sub-section (9.) of this section, if the moneys standing to the credit of a Stabilization Fund at any time exceed the maximum amount, an amount equal to the excess shall be paid out of that fund by the Treasurer in accordance with this section.\n\n(3.) Subject to sub-section (10.) of this section, after the expiration of a period of three months from the end of the last season in relation to which this Act applies, and after the making, in respect of a Stabilization Fund, of all payments into the fund and all payments out of the fund apart from this sub-section, any moneys standing to the credit of that fund shall be paid out of that fund by the Treasurer in accordance with this section.\n\n  \n\n(4.) The payments out of a Stabilization Fund under the preceding provisions of this section shall be made by way of—\n\n(a) repayment to the Consolidated Revenue Fund, so far as the amounts so payable out of that Stabilization Fund permit, of any moneys paid into that Stabilization Fund under sub-section (8.) of the last preceding section; and\n\n(b) subject to the last preceding paragraph, the making of refunds of charge to the persons who have paid charge in respect of which moneys have been paid into that Stabilization Fund, but so that charge paid by persons in respect of fruit of a season shall not be refunded before charge paid by persons in respect of fruit of every earlier season has been fully refunded.\n\n(5.) For the purposes of this section, where a packer has recovered from a grower, or been recouped by a grower in respect of, an amount of charge paid by the packer, the grower shall be deemed to have paid that amount of charge.\n\n(6.) For the purposes of this section, a person who has paid charge in respect of fruit of a season shall be deemed to have also paid as charge in respect of that season such portion as the Treasurer thinks just of any money credited to the relevant Stabilization Fund as income from investments.\n\n(7.) An amount payable to a grower under this section shall be deemed to be duly paid if it is paid in a manner in which it could lawfully be paid as if it were bounty due to that grower under this Act.\n\n(8.) For the purposes of this section, payment of bounty in respect of fruit of a season shall not be taken to be a refund of any charge paid in respect of fruit of an earlier season.\n\n(9.) The Treasurer is not obliged to make payments under sub-section (2.) of this section out of a Stabilization Fund by way of refund of charge paid in respect of fruit of a season if the payments will not be sufficient to refund in full, or to complete the refund in full of, the charge paid in respect of fruit of that season of the kind to which the Stabilization Fund relates.\n\n(10.) The Treasurer is not obliged to make payments under sub-section (3.) of this section out of a Stabilization Fund by way of refund of charge if, before the expiration of the period referred to in that sub-section, the Minister has informed the Treasurer that a scheme for the stabilization of returns to growers of currants, sultanas or raisins of a season or seasons subsequent to the last season to which this Act applies has been approved at a poll of growers conducted by the Commonwealth and that the scheme so approved requires or may require the carrying forward of the moneys in that Stabilization Fund.\n\n  \n\nExport prices to be approved by Minister.\n\n13\\. Where any regulations for the time being in force under the Dried Fruits Export Control Act 1924–1953 authorize the Dried Fruits Control Board constituted by that Act to determine, or to determine the manner of calculation of, minimum prices that may be required by the Board to be observed in respect of the sale of packed fruit to be exported or for the sale overseas of exported packed fruit, the Board—\n\n(a) shall comply with any direction of the Minister with respect to the making of any such determination in respect of packed fruit of a season to which this Act applies; and\n\n(b) shall, except as otherwise approved by the Minister, take all action that the Board can lawfully take with a view to ensuring—\n\n(i) that packed fruit of such a season is not exported after having been sold at a price less than the price applicable under such a determination of the Board; and\n\n(ii) that packed fruit of such a season is not sold overseas at a price less than the price applicable under such a determination of the Board.\n\nOffences.\n\n14.—(1.) A person shall not—\n\n(a) obtain bounty that is not payable;\n\n(b) obtain payment of bounty to himself or another person by means of a statement that is false or misleading in a material particular; or\n\n(c) present to an officer or other person doing duty in relation to this Act or the regulations an account, book or document, or make or furnish to such an officer or person a statement or return, that is false or misleading in a material particular.\n\nPenalty: Five hundred pounds or imprisonment for twelve months.\n\n(2.) Where a person is convicted under the last preceding sub-section, the court may, in addition to imposing a penalty under that sub-section, order the person to refund to the Commonwealth the amount of any bounty paid to him or to any other person as a result of the offence.\n\n(3.) Where a court has made an order under the last preceding sub-section, a certificate under the hand of the clerk or other appropriate officer of the court, specifying the amount ordered to be refunded and the person by whom the amount is payable, may be filed in a court having civil jurisdiction to the extent of that amount and is thereupon enforceable in all respects as a final judgment of that court.\n\n  \n\nPower to call for returns.\n\n15. For the purposes of this Act, the Minister, or a person authorized by the Minister to act under this section, may, by notice in writing, require a person to furnish to him, within the time specified in the notice, such return or information as is specified in the notice, including a return or information verified by statutory declaration.\n\nOffences in relation to returns, &c,\n\n16. A person shall not fail or neglect duly to furnish a return or information that he is required under this Act or the regulations to furnish.\n\nPenalty: One hundred pounds.\n\nPacker to keep books and accounts.\n\n17. A packer shall—\n\n(a) keep proper books and accounts showing full and correct particulars of his operations, receipts and expenditure in relation to currants, sultanas and raisins respectively received for packing, and packed currants, packed sultanas and packed raisins respectively; and\n\n(b) produce all or any of those books and accounts, upon demand, to a person authorized by the Minister under the next succeeding section.\n\nPenalty: One hundred pounds.\n\nAccess to books, &c.\n\n18. A person authorized by the Minister to act under this section shall at all times have full and free access to all buildings, places, books, accounts and documents for any of the purposes of this Act and for any such purpose may take extracts from or make copies of any such books, accounts or documents.\n\nObstructing officers.\n\n19. A person shall not obstruct or hinder a person acting in the discharge of his duty under this Act or the regulations.\n\nPenalty: One hundred pounds or imprisonment for six months.\n\nRegulations.\n\n20\\. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular—\n\n(a) prescribing the manner in which, and the time within which, a claim for bounty must be made;\n\n(b) requiring persons to furnish returns or information, including returns or information verified by statutory declaration; and\n\n(c) prescribing penalties, not exceeding a fine of One hundred pounds, for offences against the regulations.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Section 3 — Definition of 'currants'","severity":"low","reasoning":"The definition chain for 'raisins' runs: raisins → raisin grapes (a fresh grape variety) + dipped and dried. While technically coherent, the naming is counterintuitive and could cause a reader to wonder whether 'raisin grapes' that have not been dipped and dried (i.e., fresh White Muscatel grapes) could somehow satisfy the definition. The Act never contemplates undried 'raisin grapes' being regulated, yet the definitional structure unnecessarily introduces them.","confidence":0.6,"description":"The definition of 'currants' is circularly dependent on the Act itself: 'currants means dried currant grapes of a season to which this Act applies'. The definition of what qualifies as 'currants' depends on whether the Act applies to the season, but the Act's application (s.4) is itself defined by reference to specific seasons. This is not strictly circular, but the definition of 'raisins' is more problematic: 'raisins means raisin grapes of a season to which this Act applies that have been dipped and dried' — yet 'raisin grapes' is separately defined as 'White Muscatel or Waltham Cross (sometimes called Malaga) grapes', meaning undried grapes. So 'raisins' are defined as a subset of 'raisin grapes' (the undried grape variety) that have been dipped and dried. This means the term 'raisin grapes' technically refers to a fresh grape variety, not raisins themselves, creating a potential for confusion where the definition of the dried product references an undried source variety."},{"type":"retroactive_impossibility","section":"Section 3 — Definition of 'packed' and 'received for packing'","severity":"medium","reasoning":"Parliament expressly included 'before or after the commencement of this Act' in two definitions, suggesting a deliberate intention to capture pre-commencement conduct. But the fruit-type definitions gate everything on seasons to which the Act applies, and the Act only applies from January 1964. Since the Act commenced 28 May 1964, the January–May 1964 window is the only plausible pre-commencement period within a covered season. Even so, the 'before commencement' language in the definitions raises the possibility Parliament intended coverage of earlier seasons — an intention entirely defeated by s.4. The drafting creates dead letter provisions.","confidence":0.75,"description":"Both 'packed' and 'received for packing' are defined to include events occurring 'before or after the commencement of this Act'. However, section 4 limits the Act to apply only from the 1964 season onwards, and section 3 defines 'currants', 'sultanas' and 'raisins' as fruit 'of a season to which this Act applies'. This means fruit packed or received for packing before the 1964 season cannot be 'currants', 'sultanas' or 'raisins' within the meaning of the Act. The 'before the commencement' limb of both definitions is therefore a nullity — no fruit packed before commencement can satisfy the definition of 'fruit' under this Act, making the retrospective extension in these definitions entirely inoperative."},{"type":"other","section":"Section 3 — Definition of 'the guaranteed price'","severity":"medium","reasoning":"A 'stabilization' scheme that guarantees a price below cost of production is paradoxical. The Act's long title declares it is 'An Act relating to the Stabilization of Returns to Growers' — yet the guaranteed price is structurally set below the cost of production. This is not unlawful but is logically incongruent with the Act's stated purpose. The £5 deduction appears deliberate (possibly to share some production risk with growers) but is never explained in the Act and sits oddly against the scheme's stated stabilisation purpose.","confidence":0.85,"description":"The guaranteed price is defined as 'an amount equal to the cost of production... less Five pounds'. This means the guaranteed price is always less than the cost of production. A grower whose returns equal exactly the guaranteed price is still receiving less than the declared cost of production. The scheme purports to stabilise returns to growers at a level that is, by statutory definition, below the cost of producing the fruit. The bounty is triggered only when the average return falls below this already-substandard threshold, meaning growers can be operating at a loss relative to cost of production with no entitlement to any bounty at all."},{"type":"impossible_compliance","section":"Section 7(1) — Ascertainment of average return","severity":"medium","reasoning":"The phrase 'almost completely' is undefined and entirely subjective. The Minister has unfettered discretion as to when this threshold is met. Combined with no statutory deadline for making the determination, this creates a scheme where the core benefit (bounty) has no guaranteed delivery timeline. The word 'shall' in s.7(1) imposes a duty but the trigger condition ('satisfied that... almost completely sold') is purely in the Minister's hands. This is not strictly absurd but creates a genuine compliance vacuum.","confidence":0.8,"description":"The Minister can only determine the average return when satisfied that packed fruit 'have been completely, or almost completely, sold or otherwise disposed of'. The bounty rate formula in s.10(2) uses 'C' (the average return) as a variable. Until the Minister makes this determination, no bounty rate can be set and no bounty can be paid. Given that the Act applies only to five seasons (s.4), and the average return for any season can only be determined after that season's fruit is 'almost completely sold', there is a structural risk that the determination — and thus bounty payment — may not occur until well after the season has ended, potentially years later, leaving growers in indefinite limbo with no legal mechanism to compel the Minister to act within any fixed timeframe."},{"type":"other","section":"Section 10(1) — Rate of bounty binding despite 'defect or irregularity'","severity":"medium","reasoning":"The 'notwithstanding any defect or irregularity' clause effectively ousts review of the bounty rate. While such privative-adjacent provisions were common in mid-20th century Commonwealth legislation, combining it with a multi-variable ministerial formula (where errors in any variable — guaranteed price, average return, quantity — flow through uncorrected) is a genuine legal trap for growers. It is logically inconsistent to impose a detailed mathematical formula for precision while simultaneously declaring the result immune from challenge for imprecision.","confidence":0.78,"description":"Section 10(1) provides that the bounty rate notified in the Gazette 'shall be the rate of that bounty, notwithstanding any defect or irregularity in any determination of the Minister'. This means that even if the Minister's determination is wrong, miscalculated, or procedurally defective, the notified rate is conclusive and binding. Combined with the formula in s.10(2) — which depends on the average return (itself determined by the Minister under s.7) — this provision insulates a potentially erroneous rate from any challenge. Growers receiving an incorrectly low bounty have no statutory recourse."},{"type":"other","section":"Section 12(3) — Refund after expiry of last season","severity":"medium","reasoning":"The combination of a mandatory refund obligation (s.12(3) 'shall be paid') with an indefinite carve-out triggered by a future contingency ('may require') creates a situation where growers' money can be held permanently in the fund on speculative grounds. There is no time limit on how long the carry-forward exemption applies, no requirement that the future scheme actually eventuate, and no mechanism for growers to challenge the Minister's assessment. The mandatory 'shall' in s.12(3) is effectively rendered optional by s.12(10).","confidence":0.82,"description":"Section 12(3) requires that residual fund moneys be paid out 'after the expiration of a period of three months from the end of the last season in relation to which this Act applies'. The last season is the 1968 season (five seasons from 1964 per s.4). However, s.12(10) allows the Treasurer to withhold this refund indefinitely if the Minister informs the Treasurer that a future stabilization scheme 'has been approved at a poll of growers... and... may require the carrying forward of the moneys'. The word 'may' means the Treasurer can be blocked from refunding growers' contributed charges on the mere possibility — not certainty — that a future scheme might need the money. Growers have no right to the refund so long as a future scheme 'may' need it."},{"type":"impossible_compliance","section":"Section 14(1)(a) — Offence of obtaining bounty 'that is not payable'","severity":"high","reasoning":"Paragraph (a) is a strict liability offence for obtaining bounty that turns out not to be payable. Given the complexity of the ministerial determinations and the explicit provision in s.10(1) that the rate is valid 'notwithstanding any defect or irregularity', there is a real scenario where bounty is paid, later found to have been incorrectly calculated, and the recipient faces criminal liability for receiving it — despite having made no misrepresentation. The absence of a fault element in (a), contrasted with the explicit fault elements in (b) and (c), appears to be an oversight that creates a logical trap.","confidence":0.72,"description":"It is an offence to 'obtain bounty that is not payable'. However, whether bounty is payable depends entirely on the Minister's determination of the average return under s.7 and the bounty rate under s.10 — determinations that may not be made until long after the grower has lodged their claim. A grower who receives a bounty payment made in error (e.g., because the Minister's rate was later found to have been set before the average return determination was final) could technically be guilty of obtaining bounty 'not payable', despite having done nothing wrong. The offence provision contains no mens rea requirement (knowledge or intent) in paragraph (a), unlike paragraphs (b) and (c) which require a 'false or misleading' statement."}],"contradictions":[{"severity":"medium","section_a":"Section 3 — Definition of 'packed' ('whether before or after the commencement of this Act')","section_b":"Section 4 — Seasons to which Act applies (only from 1 January 1964 season)","confidence":0.78,"description":"The definition of 'packed' expressly includes packing that occurred before the commencement of the Act. However, s.4 limits the Act's operation to the 1964 season and the four succeeding seasons, and fruit-type definitions ('currants', 'sultanas', 'raisins') require fruit to be 'of a season to which this Act applies'. This means no fruit packed before the 1964 season can qualify as 'fruit' under the Act, rendering the 'before... commencement' limb of the 'packed' definition a complete nullity. Parliament cannot have intended to define 'packed' to include pre-commencement packing and simultaneously exclude all such fruit from the Act's coverage."},{"severity":"medium","section_a":"Section 8 — Bounty payable when average return is less than guaranteed price","section_b":"Section 3 — Definition of 'the guaranteed price' (cost of production less Five pounds)","confidence":0.88,"description":"Section 8 establishes that bounty is the mechanism for stabilising growers' returns, triggered when the average return falls below the guaranteed price. Section 3 defines the guaranteed price as the cost of production less £5. This means the stabilisation mechanism does not activate until returns fall below cost of production — the scheme as drafted does not guarantee cost recovery, let alone profit. A grower receiving exactly the guaranteed price is still making a loss of £5 per ton relative to declared production costs. This contradicts the Act's long title ('Stabilization of Returns to Growers') and the evident policy intent that growers should at minimum recover their costs."},{"severity":"medium","section_a":"Section 10(1) — Bounty rate binding 'notwithstanding any defect or irregularity'","section_b":"Section 10(2) — Precise mathematical formula for bounty rate","confidence":0.85,"description":"Section 10(2) mandates a specific mathematical formula for calculating the bounty rate, implying precision and correctness are essential. Section 10(1) then declares the notified rate to be conclusive 'notwithstanding any defect or irregularity in any determination'. These provisions are in direct tension: the formula demands mathematical accuracy, while the privative clause renders inaccuracy legally irrelevant. The Act cannot simultaneously require a precise formula and declare departures from that formula to be of no consequence."},{"severity":"high","section_a":"Section 12(3) — Mandatory refund of residual fund moneys after last season ('shall be paid')","section_b":"Section 12(10) — Treasurer not obliged to pay if Minister advises future scheme may need the money","confidence":0.9,"description":"Section 12(3) uses the imperative 'shall be paid out of that fund by the Treasurer' for residual moneys after the last applicable season. Section 12(10) directly removes this obligation if the Minister advises that a future stabilisation scheme 'may require' carrying forward those moneys. The mandatory 'shall' in s.12(3) is directly contradicted by the discretionary carve-out in s.12(10), which can be triggered by mere possibility ('may require') rather than certainty. The two provisions cannot be simultaneously satisfied: either the Treasurer 'shall' pay, or the Treasurer need not pay."},{"severity":"medium","section_a":"Section 9(3) — Assignment of bounty void against the Commonwealth","section_b":"Section 9(2) — Commonwealth may pay bounty to an assignee company or organisation","confidence":0.82,"description":"Section 9(3) declares that any assignment of bounty is void against the Commonwealth, which would ordinarily mean the Commonwealth need not honour any assignment and must pay the grower directly. However, s.9(2) expressly permits the Commonwealth to pay bounty to an assignee company or organisation where the grower has made an 'arrangement or assignment' authorising that entity to receive bounty. The two provisions create an internal conflict: s.9(3) says assignments are void against the Commonwealth, while s.9(2) says the Commonwealth 'may' honour them. While s.9(2) could be read as creating an exception to s.9(3), the structure is illogical — voiding assignments in one breath and permitting payment to assignees in the next, without clearly stating s.9(2) overrides s.9(3)."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act is tightly scoped and internally consistent with its original stated purpose: stabilising returns to growers of dried vine fruits (currants, sultanas, and raisins) for a fixed five-season period from 1964. Every provision — the stabilization funds, bounties, ministerial pricing powers, export controls, record-keeping obligations, and offences — directly serves that narrow purpose. There is no evidence of scope creep or repurposing beyond the original intent. The Act is also explicitly time-limited to five seasons, which further constrains any expansion of scope."},"complexity_factors":["Approximately 20 defined terms in Section 3, several of which are interdependent (e.g. 'guaranteed price' depends on 'cost of production', which depends on Section 6 determinations)","Mathematical formula in Section 10(2) for calculating bounty rates with four variables (A, B, C, D) and conditional logic determining which value of 'A' applies","Three parallel regulatory regimes running simultaneously — one each for currants, sultanas, and raisins — with mirrored but distinct provisions throughout","Layered fund mechanics in Sections 11 and 12: funds receive money from one source, pay bounties, can receive top-ups from Consolidated Revenue, and must refund surpluses in a specific priority order","Multiple conditional triggers: bounty only payable if average return < guaranteed price; refunds only triggered if fund exceeds cap or Act expires; Treasurer's obligations can be suspended by ministerial notice","Cross-references to three companion Acts (Dried Vine Fruits Contributory Charges Act 1964, Dried Vine Fruits Contributory Charges (Collection) Act 1964, Dried Fruits Export Control Act 1924–1953) and the Audit Act 1901–1962","Section 12 contains nested exceptions (sub-sections (9) and (10) carve out the Treasurer's obligations under sub-sections (2) and (3) respectively)","Ministerial discretion exercised at multiple points with limited guidance: determining average returns, adjusting costs of production, setting minimum prices, and approving export pricing — creating interpretive uncertainty","Use of pre-decimal currency (pounds, shillings) alongside tonnage figures adds a layer of translation complexity for modern readers"],"plain_english_summary":"## What This Law Does\n\nThe **Dried Vine Fruits Stabilization Act 1964** is a piece of Commonwealth legislation designed to protect Australian dried fruit growers from market volatility by guaranteeing them a minimum income for their crops. It covers three types of dried fruit: **currants**, **sultanas**, and **raisins**.\n\n---\n\n### The Core Idea: A Price Safety Net\n\nFarming incomes can fluctuate wildly depending on market prices. This Act sets up a **guaranteed price** (a minimum floor price per tonne) for each type of fruit. If the actual average price growers receive from the market falls below this floor, the government steps in and pays the difference — this top-up payment is called a **bounty** (essentially a government subsidy).\n\nThe guaranteed price is calculated as the **cost of production** (what it costs to grow and deliver the fruit for packing) **minus £5 per tonne**. So growers are protected, but not fully — they still bear a small portion of any shortfall.\n\n---\n\n### How It Works — Step by Step\n\n1. **Fruit is harvested and sent to a packing house** (a registered facility where fruit is prepared for sale).\n2. **Charges are levied** on packers under a companion law (the *Dried Vine Fruits Contributory Charges Act 1964*) — essentially an industry levy collected from the trade.\n3. Those charges flow into **three separate Stabilization Funds** — one each for currants, sultanas, and raisins — held as government trust accounts.\n4. Once the season's fruit has mostly been sold, the **Minister calculates the average return** — the average price per tonne actually received across all sales.\n5. If that average return is **below the guaranteed price**, a bounty is paid to growers from the relevant Stabilization Fund.\n6. If the Fund runs short, the **federal government tops it up** from general revenue (the Consolidated Revenue Fund).\n7. If the Fund builds up **too large a surplus** (over £500,000 for currants and raisins, or £2 million for sultanas), the excess is refunded back to the people who paid the charges.\n\n---\n\n### Who It Affects\n\n- **Fruit growers** — the primary beneficiaries. They receive bounty payments if market prices fall short.\n- **Packers** — the businesses that operate packing houses. They collect and pay industry charges, keep records, and are subject to audits and inspections.\n- **The Minister** — has significant power to determine costs of production, average returns, bounty rates, and minimum export prices.\n- **The Dried Fruits Control Board** — must follow the Minister's directions on minimum export prices for fruit covered by this Act.\n\n---\n\n### Limits and Safeguards\n\n- The Act **only applies for five seasons**: 1964 and the four years following.\n- There are **caps on how much fruit qualifies** for bounty support (e.g., only the first 75,000 tonnes of sultanas received for packing counts toward the bounty calculation).\n- The government can set **minimum prices for domestic and export sales** to prevent growers from being underpaid through artificially low transactions.\n- **Fraud is a criminal offence**: falsely claiming bounty or providing misleading information can result in a fine of £500 or 12 months' imprisonment, plus repayment of any bounty wrongly received.\n- **Inspectors** can access packing houses, books, and records at any time.\n\n---\n\n### Why It Matters\n\nThis law reflects mid-20th century Australian agricultural policy — using government funds and industry levies to stabilise incomes in export-dependent farming sectors. It gave dried fruit growers confidence to keep producing during the 1964–1968 period without fear that a bad market year would wipe out their livelihoods."}},"importantCases":[],"_links":{"self":"/api/acts/dried-vine-fruits-stabilization-act-1964","history":"/api/acts/dried-vine-fruits-stabilization-act-1964/history","analysis":"/api/acts/dried-vine-fruits-stabilization-act-1964/analysis","conflicts":"/api/acts/dried-vine-fruits-stabilization-act-1964/conflicts","importantCases":"/api/acts/dried-vine-fruits-stabilization-act-1964/important-cases","documents":"/api/acts/dried-vine-fruits-stabilization-act-1964/documents"}}