Commonwealth Numbered Acts

DRIED VINE FRUITS EQUALIZATION ACT 1978 No. 195 of 1978 - SECT 25

25. (1) For the purposes of making equalization payments in respect of dried
fruit, the Corporation may arrange for the packer of the dried fruit to pay,
as agent of the Corporation, to each of the producers of the dried fruit the
equalization payment payable to that producer, and payment may be made by the
Corporation to the packer in accordance with the arrangement.

(2) Money paid to a packer under this section shall, until it is distributed
in accordance with the arrangement under which it is paid, be deemed to be
money held in trust for the Corporation.

(3) Where-

   (a)  an arrangement has been made between the Corporation and a packer in
        accordance with sub-section (1) of this section;

   (b)  moneys are paid by the Corporation to the packer as an equalization
        payment that is payable to the producer of any dried fruit; and

   (c)  the producer is indebted to the packer-

        (i)    for any costs or charges payable by the producer to the packer
               in connection with the packing of that dried fruit; or

        (ii)   by reason of a loan or advance made to the producer by the
               packer,

and the producer has authorized the packer to retain moneys payable by him to
the producer in respect of that dried fruit in or towards the discharge of
that indebtedness, the packer may apply the whole or a part of the moneys so
paid by the Corporation to the packer in or towards the discharge of that
indebtedness and, when the packer so applies an amount, the amount so applied
shall, for the purposes of this Act, be deemed to have been received by the
producer from the packer as an equalization payment in respect of that
dried fruit.