APPLE AND PEAR EXPORT CHARGE ACT 1976 [Note: This Act is "repealed" by Act No. 118 of 1999]
(#DATE 30:04:1982)
Compilation Information
- Reprinted as at 30 April 1982
*1* The Apple and Pear Export Charge Act 1976 as shown in this reprint
comprises Act No. 197, 1976 amended as indicated in the Tables below.
Table of Acts
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Application, saving
Number Date Date of or
transitional Act and year of Assent commencement
provisions
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Apple and Pear
Export Charge Act
1976 197, 1976 20 Dec
1976 1 Jan 1977
Apple and Pear
Export Charge
Amendment Act 1981 147, 1981 21 Oct
1981 18 Nov 1981 S. 2 (2)
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Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
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-- Provision affected How affected
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-- S. 5 . . . . . . . . . am. No. 147, 1981
S. 7 . . . . . . . . . am. No. 147, 1981
S. 9 . . . . . . . . . am. No. 147, 1981
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APPLE AND PEAR EXPORT CHARGE ACT 1976 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Repeal
4. Collection Act
5. Interpretation
6. Imposition of charge
7. Rate of charge
8. Exemptions
9. Regulations
SCHEDULE
Acts Repealed
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APPLE AND PEAR EXPORT CHARGE ACT 1976 - LONG TITLE
SECT
An Act to impose a Charge on the Export of Apples and Pears
APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 1.
Short title
SECT
1. This Act may be cited as the Apple and Pear Export Charge Act 1976.*1*
See notes to first article of this CHAPTER.
APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 2.
Commencement
SECT
2. This Act shall come into operation on 1 January 1977.
APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 3.
Repeal
SECT
3. (1) The Acts set out in the Schedule are repealed.
(2) Notwithstanding the repeal effected by sub-section (1), the provisions
of the Apple and Pear Export Charges Act 1938 continue to apply in respect of
apples and pears exported before the commencement of this Act.
APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 4.
Collection Act
SECT
4. The Apple and Pear Export Charge Collection Act 1976 shall be read as one
with this Act.
APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 5.
Interpretation
SECT
5. (1) In this Act, unless the contrary intention appears-
"Association" means the association known as the Australian Apple and Pear
Growers' Association that was formed at a meeting in Melbourne on 5 and 6
December 1945;
"box" means-
(a) in relation to apples-a box of a kind ordinarily used for the
packing of apples and known as a bushel box; and
(b) in relation to pears-a box of a kind ordinarily used for the packing
of pears and known as a bushel box;
"fruit" means apples or pears.
(2) In the application of this Act to fruit that is not packed in boxes, the
reference in sub-section 7 (2) to a box of fruit shall be read as a reference
to 18 kilograms of fruit or, if the fruit is of a variety in respect of which
another weight is specified in the regulations for the purposes of this
sub-section, that other weight of fruit.
APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 6.
Imposition of charge
SECT
6. (1) Subject to this Act, a charge is imposed on fruit that is exported
from Australia after the commencement of this Act and is payable at the rate
in force when the goods are exported.
(2) The charge is payable-
(a) if the fruit is exported by or on behalf of the grower of the fruit or
is sold by the grower of the fruit for export and is exported-by the grower;
and
(b) in any other case-by the person who is the owner of the fruit at the
time it is exported.
APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 7.
Rate of charge
SECT
7. (1) Subject to sub-section (2), the rate of the charge imposed by this
Act is such rate as is prescribed.
(2) The rate of the charge shall not exceed 12 cents per box of fruit.
(3) Before making regulations for the purposes of sub-section (1), the
Governor-General shall take into consideration any recommendations made to the
Minister by the Association with respect to the rate of the charge imposed by
this Act.
APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 8.
Exemptions
SECT
8. (1) Charge is not payable in respect of fruit included in a prescribed
class of fruit.
(2) Before making regulations for the purposes of sub-section (1), the
Governor-General shall take into consideration any recommendations with
respect to the proposed regulations made to the Minister by the Association.
APPLE AND PEAR EXPORT CHARGE ACT 1976 - SECT. 9.
Regulations
SECT
9. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
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APPLE AND PEAR EXPORT CHARGE ACT 1976 - SCHEDULE
SCH
SCHEDULE
Section 3
(1)
Apple and Pear Export Charges Act 1938
Apple and Pear Export Charges Act 1947
Apple and Pear Export Charges Act 1957
Apple and Pear Export Charges Act 1960
Apple and Pear Export Charges Act 1968
Apple and Pear Export Charges Act 1973
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