APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS
- Reprinted as at 31 March 1981 (HISTREG CHAP 258 #DATE 31:03:1981)
*1* The Apple and Pear (Conditions of Export) Regulations (in force under the Australian Apple and Pear Corporation Act 1973) as shown in this reprint comprise Statutory Rules 1974 No. 151 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Application, saving Year and Date of notification Date of or transitional number in Gazette commencement provisions ---------------------------------------------------------------------------- 1974 No. 151 2 Sept 1974 2 Sept 1974 1975 No. 5 17 Jan 1975 17 Jan 1975 - 140 29 July 1975 29 July 1975 (a) - 1979 No. 222 23 Oct 1979 23 Oct 1979 - 1980 No. 356 8 Dec 1980 8 Dec 1980 R. 4 ---------------------------------------------------------------------------- (a) Regulation 2 of Statutory Rules 1975 No. 140 provides as follows: "2. The amendment effected by regulation 1 shall be deemed to have come into operation on 17 January 1975." APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Ports
4. Regulation of export
5. Licences
6. Term of licences
7. Permits
8. Ports from which and to which exports of apples and pears may be
made
9. Prohibition against export of apples and pears except on
compliance
with conditions
10. Authorized price
11. Rates of Commission
12. Persons to whom apples or pears may be consigned
13. Quantities of apples or pears that may be exported
14. Labelling and packaging
15. Minister may suspend or cancel licence
15A. Application for review of decisions
16. Corporation may require information and returns to be furnished
17. Delegation
18. Continuation in force of certain licences and permits
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Apple and Pear (Conditions of
Export) Regulations.*1*
See notes to first article of this Chapter.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 2.
Interpretation
Amended by 1979 No. 222 r. 1
2. In these Regulations, unless the contrary intention appears-
"Act" means the Australian Apple and Pear Corporation Act 1973;
"authorized price" means the minimum price determined by the Corporation
in pursuance of regulation 10 of these Regulations;
"export" means export from Australia;
"guaranteed advance contract ", in relation to apples or pears means a
contract or arrangement between the owner of the apples or pears and another
person under which-
(a) the owner agrees to supply the apples or pears for sale outside
Australia by the other person on commission on behalf of the owner; and
(b) the other person agrees-
(i) to endeavour to sell the apples or pears in accordance with the
contract or arrangement; and
(ii) whether or not he does so sell the apples or pears and
irrespective of the price received on any such sale of the apples or pears, to
pay to the owner an advance payment in respect of the fruit at a rate fixed by
the contract or arrangement;
"licence" means a licence granted under regulation 5;
"licensee" means a person who is the holder of a licence granted under
regulation 5 that is for the time being in force;
"port" includes "airport ";
"shipping facilities" includes facilities for loading an aircraft.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 3.
Ports
3. (1) The Corporation may, for the purposes of these Regulations, determine
the ports from which apples or pears may be exported and the ports in other
countries to which apples or pears may be exported.
(2) In determining the ports from which apples or pears may be exported from
Australia, the Corporation shall have regard to the packing and cold storage
facilities available at the port, the shipping facilities available for the
export of apples or pears from the port and all other matters relevant to the
promotion of the export of apples and pears.
(3) In determining the ports in a country to which apples or pears may be
exported, the Corporation shall have regard to the storage and other
facilities available in that country and all other matters relevant to the
promotion of the export of apples or pears.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 4.
Regulation of export
4. The export of apples or pears otherwise than by the Corporation is
prohibited-
(a) except by a licensee;
(b) except in pursuance of a permit issued to a licensee by the Corporation
under regulation 7 in respect of the apples or pears; and
(c) except in accordance with the conditions prescribed by these
Regulations.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 5.
Licences
5. (1) An application for the grant of a licence shall be lodged with the
Corporation and shall contain particulars with respect to the matters to which
the Minister is, by sub-regulation (4), to have regard in determining whether
to grant or refuse the application.
(2) The Corporation shall consider each application for a licence and shall
recommend to the Minister that the Minister grant or refuse the application on
the grounds stated by the Corporation.
(3) The Minister shall, after taking into account the recommendations of the
Corporation, grant or refuse the application for a licence, and, where the
Minister grants a licence, he shall specify in the licence the port or ports
from and to which the licensee is authorized to export apples or pears.
Amended by 1980 No. 356 r. 1
(4) The Corporation, in making recommendations to the Minister in relation
to the grant or the refusal of a licence, and 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 exporting apples or
pears or other products from Australia;
(b) the financial standing and commercial reputation of the applicant;
(c) the shipping facilities available to the applicant for the export of
apples or pears;
(d) the packing and cold storage facilities available to the applicant at
the port or ports from which he proposes to export apples or pears;
(e) the marketing facilities available to the applicant in the country in
which the ports to which he proposes to export apples or pears are situated;
(ea) the views of the Australian Apple and Pear Growers' Association in
relation to the application;
(f) matters applicable to the applicant that are relevant to the promotion
of the export from Australia of apples or pears, including matters that may
affect adversely the export trade of apples or pears; and
(g) all other matters relevant to the promotion of the export of apples or
pears and to the control of the export of apples or pears.
Amended by 1979 No. 222 r. 2
(5) The Minister may, by instrument in writing under his hand, authorize an
officer in the First or Second Division of the Australian Public Service
occupying an office in the Department of Primary Industry to exercise the
powers and functions conferred on the Minister by this regulation, and the
performance or exercise of a power or function by such an officer shall be
deemed to be the performance or exercise of that power or function by the
Minister.
(6) Nothing in sub-regulation (5) prevents the exercise of a power or the
performance of a function by the Minister.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 6.
Term of licences
Sub-reg. (1) substituted by 1980 No. 356 r. 2
6. (1) Subject to sub-regulation (3), a licence remains in force until the
expiry date next succeeding the date of grant of the licence.
Inserted by 1980 No. 356 r. 2
(1A) In sub-regulation (1), "expiry date" means-
(a) in the case of a licence that is granted before 19 January 1981-19
January 1981; and
(b) in any other case-each succeeding 19 January that occurs at intervals
of 3 years from 19 January 1981.
(2) If, during the period for which a licence is in force, a material change
has occurred in any of the matters referred to in sub-regulation 5 (4) that
are applicable to the licensee, the Corporation may recommend to the Minister
that the licence be revoked and the Minister may, after taking into account
the recommendations of the Corporation, call upon the licensee to show cause
why his licence should not be revoked.
(3) If the licensee fails to show cause, the Minister may revoke the
licence.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 7.
Permits
7. (1) An application by a licensee for a permit to export apples or pears
shall be in accordance with the form made available by the Corporation for the
purpose, being a form that requires the applicant to specify such of the
matters referred to in the succeeding provisions of these Regulations as are
applicable.
(2) The Corporation shall not refuse to grant a permit for the export of
apples or pears unless the export would be in contravention of the conditions
and restrictions specified in the succeeding provisions of these Regulations.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS SECT. 8.
Ports from which and to which exports of apples and pears may be made
8. (1) The export by a licensee of apples or pears from a port in Australia
is prohibited unless that port is a port specified in his licence as a port
from which apples or pears may be exported by him.
(2) The export of apples or pears from a port referred to in sub-regulation
(1) to a port in a country outside Australia is prohibited unless the port to
which the apples or pears are to be exported is a port specified in his
licence as a port to which apples or pears may be exported by him.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 9.
Prohibition against export of apples and pears except on compliance with
conditions
9. (1) The export of apples or pears is prohibited-
(a) except in pursuance of a contract or agreement that provides that the
apples or pears shall be shipped f.o.b. and for terms of payment that are in
accordance with terms approved by the Corporation; or
(b) unless the Corporation has approved that the export of the apples or
pears be made on other terms and conditions, including terms of payment.
Sub-reg. (2) omitted by 1980 No. 356 r. 3
* * * * * * * *
Amended by 1979 No. 222 r. 3
(3) The export of apples or pears in a ship or aircraft other than a ship or
aircraft approved by the Corporation is prohibited.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 10.
Authorized price
10. (1) Except with the approval of the Corporation, the export of apples or
pears (not being apples or pears in respect of which a guaranteed advance
contract is applicable) is prohibited if the price at which the apples or
pears have been sold or, if the apples or pears are consigned for sale outside
Australia, the price at which the apples or pears are to be sold, is less than
the minimum price (if any) for the time being applicable in relation to those
apples or pears under a determination made by the Corporation for the purpose
of this sub-regulation.
(2) The export of apples or pears in respect of which a guaranteed advance
contract is applicable is prohibited unless the rate at which the advance
payment in respect of the apples or pears is fixed by the contract or
arrangement is a rate not less than the minimum rate (if any) for the time
being applicable in relation to those apples or pears under a determination
made by the Corporation for the purposes of this sub-regulation.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 11.
Rates of Commission
11. (1) The export of apples or pears by a licensee who sells on behalf of
the owner of apples or pears, whether under a guaranteed advance contract or
otherwise, is prohibited unless the commission payable to that licensee in
respect of the sale of the apples or pears is or is less than the maximum rate
of commission (if any) for the time being applicable in relation to those
apples or pears under a determination made by the Corporation for the purposes
of this regulation.
(2) The Corporation may determine that the maximum rate of commission be
calculated-
(a) as a specified percentage of the sale price of the apples or pears; or
(b) at a specified amount in respect of a specified quantity of the apples
or pears exported.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 12.
Persons to whom apples or pears may be consigned
12. The export of apples or pears is prohibited unless the purchaser or the
person to whom the apples or pears are consigned as an agent or representative
of the purchaser or the exporter in the country to which the apples or pears
are consigned has been approved by the Corporation for the purposes of these
Regulations.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 13.
Quantities of apples or pears that may be exported
13. The export of apples or pears in quantities in excess of quantities
determined in pursuance of section 8 of the Act by the Corporation to be the
maximum quantities to be exported by all licensees generally, to particular
places or to particular purchasers or to their agents or representatives in
countries outside Australia is prohibited.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 14.
Labelling and packaging
14. (1) For the purposes of this regulation, the Corporation may make
determinations specifying-
(a) the requirements with which packages in which apples or pears are to be
exported shall comply; and
(b) the requirements with which the labelling of packages in which apples
or pears are to be exported shall comply.
(2) The Corporation shall cause a copy of its determinations under
sub-regulation (1) to be served on each licensee.
(3) The export of apples or pears is prohibited unless the requirements
specified in a determination made under sub-regulation (1) are complied with.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 15.
Minister may suspend or cancel licence
15. Where any person to whom a licence has been granted under regulation 5
has contravened or failed to comply with the conditions and restrictions
specified in these Regulations the Minister may, after taking into account any
recommendation of the Corporation, by notice in writing, suspend or cancel the
licence.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 15A.
Application for review of decisions
Inserted by 1979 No. 222 r. 4
15A. An application may be made to the Administrative Appeals Tribunal for
the review of-
(a) a decision by the Minister under sub-regulation 5 (3) refusing an
application for a licence;
(b) a decision by the Minister under sub-regulation 6 (3) revoking a
licence;
(c) a decision by the Corporation under regulation 7 refusing to grant a
permit for the export of apples or pears; and
(d) a decision by the Minister under regulation 15 suspending or cancelling
a licence.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 16.
Corporation may require information and returns to be furnished
16. (1) For the purpose of enabling it to exercise its powers and functions
under the Act or these Regulations, the Corporation may, by notice in writing,
require a licensee or any other person who is engaged in the production,
packaging, handling, transportation or marketing of apples or pears to furnish
to the Corporation, within such time as is specified in the notice, returns or
information on matters in respect of which the Corporation has powers or
functions under the Act or these Regulations.
(2) Where a licensee or other person referred to in sub-regulation (1), on
whom a notice under that sub-regulation has been served, fails to complete the
returns or supply the information required to the best of his knowledge, he
shall be guilty of an offence.
Penalty: $200.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 17.
Delegation
17. (1) The Corporation may, by instrument in writing under its seal,
delegate to an officer or employee of the Corporation, either generally or
otherwise, all or any of its powers under these Regulations except this power
of delegation and its powers and functions under regulation 5 or 14.
Amended by 1979 No. 222 r. 5
(2) The Corporation may, by instrument in writing under its seal, delegate
to an officer or employee of the Department of Primary Industry or the
Department of Business and Consumer Affairs, performing duty at a port or to a
person with whom the Corporation has entered into an arrangement for the
performance of services on its behalf at a port its powers and functions under
regulation 7 in respect of permits for the export of apples or pears from that
port.
(3) A power or function delegated under sub-regulation (1) or (2) may be
exercised or performed by the delegate in accordance with the instrument of
delegation, and, when so exercised or performed, shall, for the purposes of
these Regulations be deemed to have been exercised or performed by the
Corporation.
(4) A delegation under sub-regulation (1) or (2) does not prevent the
exercise of a power or the performance of a function by the Corporation.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS - SECT. 18.
Continuation in force of certain licences and permits
18. (1) A licence to export apples or pears or both in force under the Apple
and Pear Organization Act 1938-1971*2* immediately before the commencement of
the Act shall, for the purposes of these Regulations, be deemed to be a
licence granted under regulation 5 and such a licence shall, notwithstanding
sub-regulation 6 (1), cease to be in force at 31 December 1974.
(2) A permit granted by the Australian Apple and Pear Board under the Apple
and Pear Organization Act 1933-1971*2* before the commencement of the Act
shall, for the purposes of these Regulations be deemed to be, on and after the
commencement of these Regulations, a permit granted by the Corporation under
these Regulations.
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*2* R. 18-The Apple and Pear Organization Act 1938-1971 and the Apple and
Pear
Organization Act 1933-1971 were repealed by the Australian Apple and Pear
Corporation Act 1973 (No. 194, 1973).
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