Copra Marketing Board Regulation 1985

Copra Marketing Board Regulation 1985 Unvalidated References: Copra Marketing Board Act 1983 This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at 1 July 2001. ......... Legislative Counsel Dated 25 November 2006 INDEPENDENT STATE OF PAPUA NEW GUINEA. Chapter 212. Copra Marketing Board Regulation 1985 ARRANGEMENT OF SECTIONS. 1. Application for registration. 2. Certificate of registration. 3. Returns, etc. 4. False returns, etc. 5. De-registration. 6. Authorization of advance by Minister. 7. Application for advances, etc. 8. Accounting for advances. 9. Accounting for levy payable. 10. Conversion formulas. 11. Weight note. Copra Marketing Board Regulation 1985 MADE under the Copra Marketing Board Act 1983. Dated 200 . 1. APPLICATION FOR REGISTRATION. An application for registration under Section 31 of the Act shall be– (a) in the case of a registered manufacturer–in Form 1; and (b) in the case of a permitted exporter–in Form 2, and each application shall be accompanied by a fee of K100.00 which shall be refunded if registration is refused. 2. CERTIFICATE OF REGISTRATION. A certificate of registration as– (a) a registered manufacturer–shall be in Form 3; and (b) a permitted exporter–shall be in Form 4. 3. RETURNS, ETC. (1) A registered manufacturer or permitted exporter or an officer, employee or agent of either of them, who fails, on request by the Board, the Minister or a person authorized by it or him for the purpose, to produce to the Board, the Minister or that person, as the case may be, all books, records and documents relating to any matter under the Act in his possession or under his control, is guilty of an offence. (2) A registered manufacturer or permitted exporter who fails, unless the Board directs otherwise, to furnish to the Board immediately after 31 December, 31 March, 30 June and 30 September in each year for which his registration is current, a return in Form 5 verified by him by statutory declaration, is guilty of an offence. Penalty: A fine not exceeding K500.00. 4. FALSE RETURNS, ETC. A person who– (a) wilfully or negligently makes a false or misleading statement in an application or return under this Regulation; or (b) keeps false or misleading books or accounts; or (c) fails or refuses to answer truthfully any questions put to him by the Board or the Minister, or a person authorized by the Board or the Minister for the purpose, relating to any matter under the Act, is guilty of an offence. Penalty: A fine not exceeding K500.00. 5. DE-REGISTRATION. (1) Where a registered manufacturer or permitted exporter or an officer, agent or employee of either of them is convicted of an offence under the Act the Board may, if it thinks fit, cancel the registration of the registered manufacturer or permitted exporter, as the case may be. (2) A person aggrieved by a decision of the Board under Subsection (1) may appeal to the Minister, whose decision is final. 6. AUTHORIZATION OF ADVANCE BY MINISTER. An authorization under Section 28(2) of the Act by the Minister shall be by written notice. 7. APPLICATION FOR ADVANCES, ETC. (1) An application under Section 30(1) of the Act shall be in Form 6. (2) An application under Section 30(2) of the Act shall be in Form 7. 8. ACCOUNTING FOR ADVANCES. (1) An advance under Section 28(2) of the Act shall be accounted for not less frequently than once in each month. (2) A registered manufacturer or permitted exporter shall, in accounting for an advance under Section 28(2) of the Act in relation to bounty in respect of copra purchased, acquired or received into store by him or on his behalf during the month to which the accounting relates, for manufacturing into desiccated coconut or coconut oil or for export, show to the satisfaction of the Board– (a) the weights of copra, husked and unhusked coconuts purchased or received into store; and (b) the amount paid in respect of each purchase or acquisition from another person; and (c) the extent to which bounty is payable in respect of copra produced by the manufacturer or exporter; and (d) the total amount of bounty paid or payable; and (e) the name of each person from whom the manufacturer or exporter has purchased or otherwise acquired copra for manufacture into desiccated coconut or coconut oil or for export, as the case may be, together with the amount of bounty paid or payable. 9. ACCOUNTING FOR LEVY PAYABLE. (1) A registered manufacturer or permitted exporter shall remit to the Board at least once each month the amount of levy payable by him under Section 26 of the Act in respect of all copra received into store by him from– (a) purchases by him from copra producers; and (b) his own production (if any). (2) A registered manufacturer or permitted exporter shall, in remitting the amount of levy payable by him to the Board in respect of copra purchased, acquired or received into store by him or on his behalf during the month to which the remittance relates, for manufacture into desiccated coconut or coconut oil or for export, show to the satisfaction of the Board– (a) the weights of copra, husked and unhusked coconuts purchased or received into store; and (b) the weight of copra exported by him; and (c) the total amount of levy payable for that month. 10. CONVERSION FORMULAS. (1) Subject to Subsection (2), for the purposes of the Act the prescribed formula for the conversion of weights– (a) of husked coconuts into equivalent weights of copra–is one tonne of husked coconuts = 23.5% of one tonne of copra; and (b) of desiccated coconut into equivalent weights of copra–is one tonne of desiccated coconut = 150% of one tonne of copra; and (c) of coconut oil into equivalent weights of copra–is one tonne of coconut oil = 158% of one tonne of copra. (2) Where bounty is to be calculated for unhusked coconuts, the nuts shall be husked and weighed and the formula prescribed by Subsection (1)(a) applied. 11. WEIGHT NOTE. The prescribed form for the purpose of Section 20(3) of the Act is a weight note in Form 8. SCHEDULE 1. Form 1.—Application for Registration as Registered Manufacturer. PAPUA NEW GUINEA Copra Marketing Board Act 1983. Act, Sec. 31. Form 1. Reg., Sec. 1(a). APPLICATION FOR REGISTRATION AS REGISTERED MANUFACTURER. Application No.: The Chairman, Copra Marketing Board of Papua New Guinea. I, (name) of (address) make application for registration as a registered manufacturer. Registered office: Location(s) of factory: Type(s) of manufactured goods produced from copra: Approximate monthly requirements (in tonnes equivalent): Plantation(s)(if a producer of copra): Name(s) or place(s) of production: Source of supply and estimated quantities from each source: Dated . . . , 20... (Signature of Applicant.) Form 2.—Application for Registration as Permitted Exporter. PAPUA NEW GUINEA Copra Marketing Board Act 1983. Act, Sec. 31. Form 2. Reg., Sec. 1(b). APPLICATION FOR REGISTRATION AS PERMITTED EXPORTER. Application No.: The Chairman, Copra Marketing Board of Papua New Guinea. I, (name) of (address) make application for registration as a permitted exporter. Place(s) of business: Location(s) of business: Destination of export: Estimated number of shipments: Shipped over the period: Source of supply and estimated quantities from each source: Dated . . . , 20... (Signature of Applicant.) Form 3.—Certificate of Registration of Registered Manufacturer. PAPUA NEW GUINEA Copra Marketing Board Act 1983. Act, Sec. 31. Form 3. Reg., Sec. 2(a). APPLICATION FOR REGISTRATION OF REGISTERED MANUFACTURER. Certificate No.: This is to certify that (name) of (address) is registered as a manufacturer of copra under the Copra Marketing Board Act in respect of the premises known as . . . and situated at . . . . Dated . . . , 20... Chairman, Copra Marketing Board of Papua New Guinea. Form 4.—Certificate of Registration of Permitted Exporter. PAPUA NEW GUINEA Copra Marketing Board Act 1983. Act, Sec. 31. Form 4. Reg., Sec. 2(b). APPLICATION OF REGISTRATION OF PERMITTED EXPORTER. Certificate No.: This is to certify that (name) of (address) is registered as a permitted exporter of copra under the Copra Marketing Board Act in respect of the premises known as . . . and situated at . . . . Dated . . . , 20... Chairman, Copra Marketing Board of Papua New Guinea. Form 5.—Return by Registered Manufacturers/Permitted Exporter. PAPUA NEW GUINEA Copra Marketing Board Act 1983. Act, Sec. 31. Form 5. Reg., Sec. 3(2). RETURN BY REGISTERED MANUFACTURER/PERMITTED EXPORTER.* Certificate No.: The Chairman, Copra Marketing Board of Papua New Guinea. Period . . . , 20... to . . . , 20... Quantity. Commencing Stock: Purchases: Own production: Purchases during period: Vendor: Own production during period for the purposes of manufacture/export:* Dated . . . , 20... Registered Manufacturer. *Strike out whichever is inapplicable. I, . . . of . . . do solemnly and sincerely declare that all information and particulars given in the above return are true and correct, AND I make this solemn declaration by virtue of the Oaths, Affirmations and Statutory Declarations Act conscientiously believing the statements contained in it to be true and correct in every particular. Declared at Dated . . . , 20... Witness: . . . (Signature.) Form 6.—Application for Advance. PAPUA NEW GUINEA Copra Marketing Board Act 1983. Act, Sec. 30. Form 6. Reg., Sec. 7(1). APPLICATION FOR ADVANCE. Application No.: The Chairman, Copra Marketing Board of Papua New Guinea. I, (name) of (address) make application for an advance for the purpose of paying bounty. Amount of advance requested: Commencing period for payment of bounty: Estimated quantity of copra to be purchased each month: Manufacturer's/Exporter's* Registration Certificate No.: I am aware of the provisions of the Copra Marketing Board Act and Regulations relating to bounty payments. Dated . . . , 20... (Signature of Applicant.) *Strike out whichever is inapplicable. Form 7.—Application for Payment of Bounty. PAPUA NEW GUINEA Copra Marketing Board Act 1983. Act, Sec. 30. Form 7. Reg., Sec. 7(2). APPLICATION FOR PAYMENT OF BOUNTY. Application No.: The Chairman, Copra Marketing Board of Papua New Guinea. I, (name) of (address) make application for payment of bounty. 1. Stock of self produced copra in store at date of commencement of bounty: 2. Quantity of self produced copra received into store direct from plantation during period . . . 20... to . . . 20... inclusive: 3. Purpose for which the quantity shown in Paragraph 2 will be used: 4. State method of determining the quantity of copra received into store direct from plantation: 5. Amount of bounty applied for: Dated . . . , 20... (Signature of Applicant.) Form 8.—Docket. PAPUA NEW GUINEA Copra Marketing Board Act 1983. Act, Sec. 20(3). Form 8. Reg., Sec. 11. DOCKET. (Name of Registered Manufacturer or Permitted Exporter.) WEIGHT NOTE. No : (Supplier) (Origin) Date . . . , 20... Vehicle No. Tonnes: Kilograms: Gross : Tare : = . . . kg husked nuts Tonnes: Kilograms: @ per tonne = K (Signature of Weigher.) © 2006 University of the South Pacific