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Copra Marketing Board Regulation 1985

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.

Copra Marketing Board Regulation 1985

MADE under the Copra Marketing Board Act 1983.

Dated 200 .

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.

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.

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.

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.

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.

AUTHORIZATION OF ADVANCE BY MINISTER.

An authorization under Section 28(2) of the Act by the Minister shall be by written notice.

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.

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

(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.

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

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

(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.