Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A charge required
under subregulation (2) to be collected by a dealer becomes due and
payable by a producer on the day on which the dealer is required to collect
the charge from the producer.
(2) Except where
collection is required under regulation 6, a dealer who purchases or
receives horticultural produce from a producer must, on the day on which the
dealer purchases or receives the produce, collect from the producer any charge
that relates to the produce and for which the producer is liable under
regulation 5(1).
Penalty: a fine of $2 000.
(3) A dealer may
collect a charge referred to in subregulation (2) —
(a) by
deducting the amount of the charge from moneys owed to the producer by the
dealer; or
(b) as a
separate transaction.
(4) A dealer who
collects a charge from a producer under subregulation (3)(a) must, within
28 days of making the deduction, give the producer a written statement of
the amount deducted.
(5) A dealer who
collects a charge under this regulation holds the charge on behalf of the
Commission.
(6) A dealer who
collects any charge under subregulation (2) must pay the charge so
collected to the Commission not later than 14 days after the end of the
month during which the charge was collected or within such longer period as
the Commission allows.
Penalty: a fine of $2 000.
(7) The payment by a
dealer to the Commission of a charge collected under this
regulation —
(a) if
collected by way of deduction from an amount owed by the dealer to a producer,
is a discharge of the dealer’s obligation to pay the amount of the
deduction to the producer; and
(b) is a
discharge of the producer’s liability to pay that charge.
[Regulation 6A inserted in Gazette
15 Sep 2009 p. 3569‑70.]