Apple and Pear Levy Regulations (Cth)

Apple and Pear Levy Regulations

Statutory Rules 1976 No. 296 as amended

made under the

Apple and Pear Levy Act 1976

This compilation was prepared on 21 November 2000

taking into account amendments up to SR 1987 No. 291

[Note: This Statutory Rule was repealed by SR 2000 No. 239]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

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      1Citation [see Note 1]

 These Regulations may be cited as the Apple and Pear Levy Regulations.

2Commencement

 These Regulations shall come into operation on 1 January 1977.

3Rate of levy

For the purposes of subsection 6 (1) of the Apple and Pear Levy Act 1976, the rate of the levy imposed by that Act is:

• (a)

  in the case of levy on juicing fruit — $1.20 per tonne of fruit;

• (b)

  in the case of levy on processing fruit — $2.40 per tonne of fruit; and

• (c)

  in any other case — 12 cents per box of fruit.

4Prescribed class of fruit

For the purposes of subsection 7 (4) of the Apple and Pear Levy Act 1976, fruit sold for stockfood is a prescribed class of fruit.

Notes to the Apple and Pear Levy Regulations

Note 1

The Apple and Pear Levy Regulations (in force under the Apple and Pear Levy Act 1976) as shown in this compilation comprise Statutory Rules 1976 No. 296 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1976 No. 296 (a)	30 Dec 1976	1 Jan 1977
1981 No. 365	23 Dec 1981	R. 1: 1 Jan 1982 Remainder: 23 Dec 1981	—
1982 No. 328	30 Nov 1982	R. 1: 1 Jan 1983 Remainder: 30 Nov 1983	—
1983 No. 287	25 Nov 1983	R. 1: 1 Jan 1984 Remainder: 25 Nov 1983	—
1984 No. 388	5 Dec 1984	1 Jan 1985	—
1987 No. 11	4 Feb 1987	4 Feb 1987	—
1987 No. 291	17 Dec 1987	1 Jan 1988	—

(a) The form of introductory words used to make Statutory Rules 1976 No. 296 was as follows:

“WHEREAS it is provided by subsection 6 (1) of the Apple and Pear Levy Act 1976 that subject to subsection 6 (2) of that Act, the rate of the levy imposed by that Act is such rate as is prescribed:

 “AND WHEREAS it is provided by subsection 6 (3) of that Act that before making regulations for the purposes of subsection 6 (1) of that Act, the Governor-General shall take into consideration any recommendations made to the Minister by the Australian Apple and Pear Growers’ Association with respect to the rate of the levy:

 “AND WHEREAS the rate last recommended to the Minister by that Association is:

(a)

in the case of levy on juicing fruit — 50 cents per tonne of fruit;

(b)

in the case of levy on processing fruit — $1.00 per tonne of fruit; and

(c)

in any other case — 5 cents per box of fruit:

 “NOW THEREFORE I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after taking into consideration the recommendations made to the Minister by that Association with respect to the rate of the levy, hereby make the following Regulations under the Apple and Pear Levy Act 1976.”

Table of Amendments

ad. = added or inserted

 am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 3..........................................

am. 1981 No. 365; 1982 No. 328; 1984 No. 388; 1987 No. 291

R. 4..........................................

ad. 1983 No. 287

rep. 1984 No. 388

ad. 1987 No. 11