Apple and Pear (Conditions of Export) Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 2761

_________________

Apple and Pear (Conditions of Export) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Australian Apple and Pear Corporation Act 1973.

Dated 13 October 1982.

N. M. STEPHEN

Governor-General

By His Excellency's Command,

PETER NIXON

Minister of State for Primary Industry

–––––––––––

Licences

Regulation 5 of the Apple and Pear (Conditions of Export) Regulations is amended—

(a) by inserting in sub-regulation (1) "not later than 31 October in any year or, with the consent of the Corporation, at any other time" after "the Corporation";

(b) by omitting from sub-regulation (3) "The Minister shall" and substituting "Subject to this regulation, the Minister shall";

(c) by omitting sub-regulation (4) and substituting the following sub-regulation:

"(4) The Minister, in determining whether to grant or refuse an application for a licence, shall have regard to—

(a) the experience and ability of the applicant in the marketing of fresh fruit or fresh vegetables in Australia or elsewhere;

(b) the commercial reputation of the applicant and the financial resources available to him in relation to the export from Australia of apples or pears;

 

(c) the packing and cool storage facilities intended for use by the applicant;

(d) the marketing facilities available to the applicant in relation to apples or pears exported by him;

(e) the views, if any, of the Australian Apple and Pear Growers' Association in relation to the application;

(f) the effect of the grant of a licence to the applicant on—

(i) the export trade from Australia of apples or pears; and

(ii) the returns received by growers of apples or pears; and

(g) any other matter relevant to the export from Australia of apples or pears.";

(d) by inserting after sub-regulation (4) the following sub-regulations:

"(4a) A licence granted under this regulation comes into force on 20 January in the year next succeeding that in which the application for the licence was lodged or on such earlier date as is specified in the licence by the Minister as the date on which the licence is to come into force.

"(4B)The Minister is not required, in respect of an application for the grant of a licence, to make a decision before 1 November in the year in which the application is lodged but shall make a decision not later than 20 January in the year next succeeding that year."; and

(e) by adding at the end thereof the following sub-regulation:

"(7) In this regulation, 'year' means any period of 12 months commencing on 1 January.".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 October 1982.

2. Statutory Rules 1974 No. 151. For previous amendments see Note 2 to Statutory Rules 1982 No. 113 and see also