Apple and Pear Export Charges Act 1938 (Cth)
APPLE AND PEAR EXPORT CHARGES ACT 1938 [Note: This Act is "repealed" by Act No. 197 of 1976]
(#DATE 17:12:1973)
(#DATE 17:12:1973)
Compilation Information - Reprinted as at 17 December 1973
APPLE AND PEAR EXPORT CHARGES ACT 1938-1973 - TABLE OF PROVISIONS TABLE
APPLE AND PEAR EXPORT CHARGES ACT 1938-1973
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Definition
4. Charges on the export of apples and pears
5. Exemption from charges
6. Regulations
APPLE AND PEAR EXPORT CHARGES ACT 1938-1973 - SECT. 1.
Short title.SECT
APPLE AND PEAR EXPORT CHARGES ACT 1938-1973
An Act to impose Charges upon the Export of Apples and Pears.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Apple and Pear Export Charges Act 1938-1973.*
APPLE AND PEAR EXPORT CHARGES ACT 1938-1973 - SECT. 2.
Commencement.SECT
2. This Act shall commence on a date to be fixed by Proclamation.*
APPLE AND PEAR EXPORT CHARGES ACT 1938-1973 - SECT. 3.
Definition.SECT
Repealed by No. 80, 1960, s. 4; inserted by No. 196, 1973, s. 3.
3. In this Act, ''Corporation'' means the Australian Apple and Pear Corporation established by the Australian Apple and Pear Corporation Act 1973.
APPLE AND PEAR EXPORT CHARGES ACT 1938-1973 - SECT. 4.
Charges on the export of apples and pears.SECT
4. (1) Charges are imposed and shall be levied and paid on all apples and pears exported from the Commonwealth after the commencement of this Act.
Substituted by No. 117, 1968, s. 3.(2) The amount of charge on any apples or pears exported-
(a) shall be calculated separately in respect of the apples or pears contained in each container; and
(b) shall be ascertained in accordance with the regulations, but is not to exceed an amount calculated at the rate of Five cents for each reputed bushel, or part of a reputed bushel, of apples or pears in the container.
Inserted by No. 117, 1968, s. 3.(2A) In the last preceding sub-section-
''container'', in relation to apples or pears, means the receptacle in which the apples or pears are enclosed, but does not include a receptacle that contains one or more smaller receptacles;
''reputed bushel'' means-
(a) in relation to apples-forty pounds; and
(b) in relation to pears-forty-five pounds.
(3) All amounts payable under this section in respect of any apples or pears shall be paid on or before the entry of the apples or pears for export to such officers as are prescribed.
APPLE AND PEAR EXPORT CHARGES ACT 1938-1973 - SECT. 5.
Exemption from charges.SECT
Sub-section (1) amended by No. 196, 1973, s. 4.
5. (1) The Governor-General may, from time to time, by order published in the Gazette, after report to the Minister by the Corporation, exempt any apples or pears from the charges imposed by or under this Act.
(2) An exemption under this section may be unconditional or subject to such conditions as are specified in the order of exemption, and shall apply in respect of such period (if any) as is so specified.
(3) The Governor-General may, by order published in the Gazette, cancel any exemption made under this section of any apples or pears from the charges imposed by or under this Act, and thereupon those charges shall, from the date fixed by the order, become payable in respect of those apples or pears.
APPLE AND PEAR EXPORT CHARGES ACT 1938-1973 - SECT. 6.
Regulations.SECT
Amended by No. 117, 1968, s. 4; and No. 196, 1973, s. 5.
6.* The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and, in particular, after report to the Minister by the Corporation, for prescribing the manner of ascertaining the amounts of the charges imposed on any apples or pears exported from the Commonwealth.
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APPLE AND PEAR EXPORT CHARGES ACT 1938-1973 - NOTES
NOTES
1. The Apple and Pear Export Charges Act 1938-1973 comprises the Apple and Pear Export Charges Act 1938 as amended by the other Acts specified in the following table:
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Number Date of Date of
Act and year Assent commencement
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Apple and Pear Export
Charges Act 1938 No. 59, 1938 10 Dec 1938 15 Jan 1940 (see
Gazette
1940, p. 85)
Apple and Pear Export
Charges Act 1947 No. 45, 1947 12 June 1947 10 July 1947
Apple and Pear Export
Charges Act 1957 No. 8, 1957 24 April 1957 22 May 1957
Apple and Pear Export
Charges Act 1960 No. 80, 1960 12 Dec 1960 12 Dec 1960
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Apple and Pear Export
Charges Act 1968 No. 117,
1968 2 Dec 1968 S. 3: 1 Jan 1969
Remainder: Royal
Assent
Apple and Pear Export
Charges Act 1973 No. 196,
1973 17 Dec 1973 (a)
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(a) For the date of commencement of the Apple and Pear Export Charges Act 1973, see the note regarding the commencement of Acts at the end of the Alphabetical List of Acts contained in Volume 1 printed in the preliminary pages to this volume.
2. Section 6 was amended by section 5 of the Apple and Pear Export Charges Act 1973. Section 6 of that Act provides as follows:
''6. Regulations under the Principal Act in force immediately before the commencement of this Act continue in force until amended or repealed by regulations under the Principal Act as amended by this Act.''
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