| C2004C01972 | AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 [Note: This Act is "repealed" by Act No. 164 of 1987]
(#DATE 01:03:1982)
Compilation Information
- Reprinted as at 1 March 1982
*1* The Australian Apple and Pear Corporation Act 1973 as shown in this
reprint
comprises Act No. 194, 1973 as amended by the other Acts specified in the
following table:
----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
----------------------------------------------------------------------------
Australian Apple
and Pear
Corporation Act
1973 194, 1973 17 Dec 1973 1 Sept 1974 (see
Gazette 1974, No.
62C, p. 1)
Australian Apple
and Pear
Corporation
Amendment Act 1976 199, 1976 20 Dec 1976 S. 4: 1 Jan 1977
Remainder: Royal
Assent Ss. 4 (2)
and 6 (2)
Australian Apple
and Pear
Corporation
Amendment Act 1978 15, 1978 20 Apr 1978 20 Apr 1978 Ss. 3 (2)
and 5 (2)
Australian Apple
and Pear
Corporation
Amendment Act 1981 16, 1981 25 Mar 1981 25 Mar 1981 -
Australian Apple
and Pear
Corporation
Amendment Act (No.
2) 1981 145, 1981 21 Oct 1981 18 Nov 1981 S. 2 (2)
and
(3)
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AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Interpretation
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE
AUSTRALIAN APPLE AND PEAR CORPORATION
5. Australian Apple and Pear Corporation
6. Functions of Corporation
7. Powers of Corporation
8. Control of export of apples or pears
9. Contracts relating to shipments, &c., of apples or pears
10. Committees
11. Delegation
PART III-CONSTITUTION AND MEETINGS OF THE CORPORATION
12. Nature of Corporation
13. Membership of Corporation
14. Term of office of members
15. Deputy Chairman
16. Acting Chairman
17. Deputies of members
18. Remuneration and allowances
19. Leave of absence
20. Resignation of members
21. Dismissal of members
22. Disclosure of interests by members, &c.
23. Meetings
PART IV-STAFF
24. Officers and employees
25-27. (Repealed)
PART V-FINANCE
28. (Repealed)
29. Moneys to be paid to Corporation
30. Borrowing by Corporation
31. Bank accounts
32. Application of moneys of Corporation
33. Power to purchase and dispose of assets
34. Proper accounts to be kept
35. Audit
36. Liability to taxation
PART VI-MISCELLANEOUS
37. Annual report
38. Corporation to hold annual discussions with Association
39. Operation of other Acts not affected
40. Regulations
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - LONG TITLE
SECT
An Act to Establish an Australian Apple and Pear Corporation
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 1.
Short title
SECT
PART I-PRELIMINARY
1. This Act may be cited as the Australian Apple and Pear Corporation Act
1973.*1*
See notes to first article of this CHAPTER.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 2.
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
Section 3 repealed by No. 145, 1981, s. 6
* * * * * * * *
See notes to first article of this CHAPTER.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 4.
Interpretation
Amended by No. 199, 1976, s. 3; No. 16, 1981, s. 3; No. 145, 1981, s. 6
SECT
4. In this Act, unless the contrary intention appears-
''Apple and Pear Growers' 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;
''Apple and Pear Shippers' Association'' means the association known as the
Australian Apple and Pear Shippers' Association that was formed on 13 January
1948;
''apples and pears'' include apple products and pear products;
''approved bank'' means the Reserve Bank of Australia or another bank
approved by the Treasurer;
''Chairman'' means the Chairman of the Corporation;
''Corporation'' means the Corporation established by this Act;
''Deputy Chairman'' means the Deputy Chairman of the Corporation;
''member'' means a member of the Corporation;
''pear products'' do not include pear products that are canned fruits within
the meaning of the Canned Fruits Marketing Act 1979.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 5.
Australian Apple and Pear Corporation
SECT
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF
THE AUSTRALIAN APPLE AND PEAR CORPORATION
5. There is established by this Act a Corporation by the name of the
Australian Apple and Pear Corporation.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 6.
Functions of Corporation
SECT
6. The functions of the Corporation are-
(a) to promote the export from Australia of apples and pears;
(b) to control the export from Australia of apples;
(c) to control the export from Australia of pears;
(d) to promote trade and commerce in apples and pears among the States,
between States and Territories and within the Territories;
(e) to improve the production and encourage the consumption of apples and
pears in the Territories; and
(f) such other functions in connexion with apples and pears as are provided
by the regulations.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 7.
Powers of Corporation
SECT
7. (1) The Corporation has power to do all things that are necessary or
convenient to be done for or in connexion with the performance of its
functions and, in particular, without limiting the generality of the
foregoing, the Corporation may-
(a) make recommendations to the Minister in relation to the export from
Australia of apples and pears, including recommendations in respect of-
(i) the terms and conditions of the export of apples or pears;
(ii) the persons who may be permitted to engage in the export of apples
or pears;
(iii) the packaging and labelling of apples or pears for export; and
(iv) the quality, standards and grading of apples or pears or of any
variety of apples or pears for export;
(b) promote, or engage in, research relating to the production, packaging,
handling, transportation or marketing of apples and pears;
(c) promote, by financial assistance and otherwise, new apple products or
pear products;
(d) act as agent for producers or exporters of apples and pears;
(e) engage, or make other arrangements with, persons, organizations or
companies to perform work, or act as agent, for the Corporation, whether in
Australia or overseas;
(f) with the approval of the Minister, enter into agreements with a State
for the purposes of the Corporation; and
(g) subject to sub-section (2), to the extent that it considers it
necessary in the interests of the apple, pear, apple products or pear products
industry, buy and sell and otherwise engage in trade in apples and pears and
do all things necessary or convenient for engaging in that trade, including
the chartering of ships.
(2) The Corporation shall not engage in trade in competition with natural
persons resident in, or corporations incorporated in, Australia-
(a) without the approval of the Minister; or
(b) otherwise than in a manner that accords with commercial practice.
(3) The Corporation shall comply with any directions given to it by the
Minister with respect to the performance of its functions and the exercise of
its powers.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 8.
Control of export of apples or pears
SECT
8. (1) The Corporation may, at any time during a year, determine the
quantity of apples or pears, or both, or of a variety of apples or pears
harvested in all States in that year that may be exported to a particular
port, particular country or particular countries.
(2) Where, in a year, a determination is made under sub-section (1) in
relation to a port, country or countries, the Corporation may, at the same
time or at a later time during that year, determine, in respect of each State,
the quantity of apples or pears, or both, or of a variety of apples or pears
harvested in the State in that year that may be exported to that port, that
country or those countries, but so that the total of the quantities determined
under this sub-section equals the quantity specified in the determination
under sub-section (1).
(3) The Corporation may, at any time during a year, determine the quantity
of apples or pears, or both, harvested in a State in that year that may be
exported from a particular port in that State.
(4) The Corporation shall not exercise its powers under this section in a
manner that gives preference to one State or any part of one State over
another State or any part of another State.
(5) The Corporation shall not exercise its powers under the regulations in a
manner that is inconsistent with a determination under sub-section (1), (2) or
(3).
(6) In this section, ''year'' means a period commencing on 1 January and
ending on the following 31 December.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 9.
Contracts relating to shipments, &c., of apples or pears
Sub-section (1) amended by No. 16, 1981, s. 4
SECT
9. (1) A contract for-
(a) the carriage of apples or pears, other than apples or pears that are
the property of the Corporation, by sea or air to a place beyond Australia;
or
(b) the insurance of such apples or pears to be so carried against loss or
deterioration while awaiting transport or in transit or until disposed of,
shall not be made except-
(c) by the Corporation acting as agent of the owner of the apples or pears
or of another person having authority to export the apples or pears; or
(d) in accordance with conditions approved by the Corporation.
(2) A contract of the kind specified in sub-section (1) made otherwise than
in accordance with this section is void.
Amended by No. 145, 1981, s. 6
SECT
(3) A Collector or officer for the purposes of the Customs Act 1901 may
require a person who seeks to export apples or pears from Australia, on making
entry of the apples or pears under that Act and before the entry has been
passed, to satisfy him that the contract for the carriage of the apples or
pears is in conformity with conditions approved by the Corporation, and the
Collector or other officer may decline to pass the entry until that person has
so satisfied him.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 10.
Committees
SECT
10. (1) The Corporation may appoint a Committee to assist the Corporation in
relation to a matter.
(2) A Committee appointed under this section shall consist of such persons,
whether members of the Corporation or not, as the Corporation thinks fit.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 11.
Delegation
SECT
11. (1) The Corporation may, either generally or otherwise as provided by
the instrument of delegation, by writing under its common seal, delegate to a
person, or to a Committee established under section 10, any of the powers of
the Corporation under this Act, except this power of delegation.
(2) A power so delegated may be exercised by the delegate in accordance with
the instrument of delegation and, when so exercised, shall, for the purposes
of this Act, be deemed to have been exercised by the Corporation.
(3) A delegation under this section is revocable at will and does not
prevent the exercise of a power by the Corporation.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 12.
Nature of Corporation
SECT
PART III-CONSTITUTION AND MEETINGS OF THE CORPORATION
12. (1) The Corporation-
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.
(2) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Corporation affixed to a document and shall
presume that it was duly affixed.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 13.
Membership of Corporation
Sub-section (1) amended by No. 15, 1978, s. 5; No. 145, 1981, ss. 2 and 6
SECT
13. (1) The Corporation shall consist of 11 members, namely-
(a) the Chairman;
(b) 6 members to represent Australian apple and pear growers;
(c) 1 member to represent the Commonwealth; and
(d) 3 other members.
(2) The members shall be appointed by the Minister.
(3) The members shall be appointed as part-time members.
(4) The members to represent Australian apple and pear growers shall be
selected by the Minister from persons nominated by the Australian Apple and
Pear Growers' Association.
(5) Before appointing a member referred to in paragraph (1) (d), the
Minister shall consult the Australian Apple and Pear Growers' Association, the
Australian Apple and Pear Shippers' Association and any other bodies that the
Minister considers appropriate.
(6) A member referred to in paragraph (1) (d) shall be a person specially
qualified for appointment by reason of experience in marketing apples and
pears or other products or in the processing of apples or pears or by reason
of other experience in commerce, finance, economics, science or industrial
matters.
(7) The performance of the functions or the exercise of the powers of the
Corporation is not affected by reason of there being a vacancy or vacancies in
the membership of the Corporation.
(8) The appointment of a member is not invalidated and shall not be called
in question by reason of a deficiency or irregularity in, or in connexion
with, his selection or appointment.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 14.
Term of office of members
SECT
14. (1) Subject to sub-section (2), a member shall be appointed for a period
of 3 years, but is eligible for re-appointment.
Amended by No. 145, 1981, s. 6
SECT
(2) If a member ceases to hold office before the expiration of the period of
his appointment, another person may, in accordance with this Part, be
appointed in his place until the expiration of that period.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 15.
Deputy Chairman
SECT
15. (1) The Minister shall appoint a person who is, or is to be, a member,
other than the Chairman, to be Deputy Chairman of the Corporation.
(2) Subject to this section, a person appointed under this section holds
office as Deputy Chairman until the expiration of his period of appointment as
a member or until he sooner ceases to be a member.
(3) Where a member appointed as Deputy Chairman is, upon ceasing to be
Deputy Chairman by virtue of the expiration of the period of his appointment
as a member, re-appointed as a member, he is eligible for re-appointment as
Deputy Chairman.
(4) The Deputy Chairman may resign his office of Deputy Chairman by writing
under his hand delivered to the Minister.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 16.
Acting Chairman
SECT
16. (1) At any time when the Chairman is absent from Australia or not
available to perform the duties of his office, or the office of Chairman is
vacant, the Deputy Chairman shall, subject to sub-section (2), act as Chairman
during that time.
(2) The Corporation may appoint a member, other than the Chairman or the
Deputy Chairman, to act as Chairman during any period when-
(a) the Chairman is absent from Australia or not available to perform the
duties of his office, or the office of Chairman is vacant; and
(b) the Deputy Chairman is absent from Australia or not available to
perform the duties of his office, or the office of Deputy Chairman is vacant.
(3) The Deputy Chairman or the member appointed to act as Chairman under
sub-section (2) has, when acting as Chairman, all the powers, functions and
duties conferred by this Act on the Chairman.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 17.
Deputies of members
Sub-section (1) amended by No. 15, 1978, s. 5
SECT
17. (1) Where a member, other than the Chairman or the member representing
the Commonwealth, is absent from Australia or not available to perform the
duties of his office, the Minister may, if requested by the Corporation so to
do, appoint a person recommended by the Corporation to be the deputy of the
member and may revoke any such appointment.
Amended by No. 15, 1978, s. 5
SECT
(2) Where the member representing the Commonwealth is absent from Australia
or not available, or is expected to be unavailable, to perform the duties of
his office, the Minister may appoint a person to be the deputy of the member
representing the Commonwealth and may revoke any such appointment.
(3) The deputy of a member is entitled to attend a meeting of the
Corporation not attended by the member of whom he is the deputy and, while so
attending, shall be deemed to be a member.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 18.
Remuneration and allowances
Substituted by No. 15, 1978, s. 3
SECT
18. (1) In this section, ''prescribed person'' means-
(a) a member, or a deputy of a member, of the Corporation; or
(b) a member of a Committee appointed under section 10.
(2) A prescribed person shall be paid such remuneration as is determined by
the Remuneration Tribunal.
(3) A prescribed person shall be paid such allowances as are prescribed.
(4) This section has effect subject to the Remuneration Tribunals Act 1973.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 19.
Leave of absence
SECT
19. The Minister may grant leave of absence to a member on such terms and
conditions as to remuneration or otherwise as the Minister determines.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 20.
Resignation of members
SECT
20. A member may resign his office by writing under his hand addressed to
the Minister.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 21.
Dismissal of members
SECT
21. (1) The Minister may terminate the appointment of a member by reason of
the misbehaviour or the physical or mental incapacity of the member.
Amended by No. 145, 1981, s. 3
SECT
(2) If a member-
(a) is absent, except on leave granted by the Minister, from 3 consecutive
meetings of the Corporation;
(b) becomes bankrupt or applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his creditors or makes
an assignment of his remuneration for their benefit; or
(c) fails, without reasonable excuse, to comply with his obligations under
section 22,
the Minister shall terminate the appointment of the member.
(3) If the Australian Apple and Pear Growers' Association requests the
removal from office of a member representing apple and pear growers, the
Minister may remove that member from office.
(4) If a member is appointed Chairman, he ceases to be a member otherwise
than as Chairman and, if the deputy of a member is appointed a member, he
ceases to be a deputy.
(5) The provisions of this section, other than paragraph (2) (a), apply to
and in relation to a deputy of a member in like manner as they apply to and in
relation to a member.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 22.
Disclosure of interests by members, &c.
Substituted by No. 145, 1981, s. 4
SECT
22. (1) A member, or a deputy of a member, who has a direct or indirect
pecuniary interest in a matter being considered or about to be considered by
the Corporation, shall, as soon as possible after the relevant facts have come
to his knowledge, disclose the nature of his interest at a meeting of the
Corporation.
(2) A disclosure under sub-section (1) shall be recorded in the minutes of
the meeting of the Corporation.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 23.
Meetings
SECT
23. (1) Subject to this section, meetings of the Corporation shall be held
at such times and places as the Corporation from time to time determines.
(2) The Chairman may at any time convene a meeting of the Corporation.
(3) If-
(a) the Chairman is absent from Australia or not available to perform the
duties of his office, or there is a vacancy in the office of Chairman; and
(b) the Deputy Chairman is absent from Australia or not available to
perform the duties of his office, or there is a vacancy in the office of
Deputy Chairman,
any other member may convene a meeting of the Corporation.
Amended by No. 145, 1981, s. 5
SECT
(4) At a meeting of the Corporation 8 members constitute a quorum.
(5) The Chairman shall preside at all meetings of the Corporation at which
he is present.
(6) In the event of the absence of the Chairman from a meeting of the
Corporation, the Deputy Chairman shall preside at that meeting.
(7) In the event of the absence of the Chairman and of the Deputy Chairman
from a meeting of the Corporation, the member, if any, acting as Chairman by
virtue of sub-section 16 (2) shall preside at the meeting or, if there is no
member so acting, the members present shall appoint one of their number to
preside at the meeting.
(8) A question arising at a meeting of the Corporation shall be determined
by a majority of the votes of the members present and voting.
(9) The member presiding at a meeting of the Corporation has a deliberative
vote and, in the event of an equality of votes, also has a casting vote.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 24.
Officers and employees
SECT
PART IV-STAFF
24. (1) The Corporation may appoint such officers or engage such employees
as it thinks necessary for the purposes of this Act.
(2) The terms and conditions of service or employment (in respect of matters
not provided for by this Act) of persons appointed or engaged are such as are,
subject to the approval of the Public Service Board, determined by the
Corporation.
Section 25 repealed by No. 145, 1981, s. 6; section 26 repealed by No. 16,
1981, s. 5; section 27 repealed by No. 145, 1981, s. 6
* * * * * * * *
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 29.
Moneys to be paid to Corporation
SECT
PART V-FINANCE
Section 28 repealed by No. 145, 1981, s. 6
* * * * * * * *
Sub-section (1) amended by No. 199, 1976, s. 4
SECT
29. (1) There shall be paid to the Corporation all moneys, other than fines,
received under the Apple and Pear Levy Collection Act 1976 or under the Apple
and Pear Export Charge Collection Act 1976.
(2) The Consolidated Revenue Fund is appropriated to the extent necessary
for the purposes of any payment referred to in sub-section (1).
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 30.
Borrowing by Corporation
Sub-section (1) amended by No. 15, 1978, s. 4
SECT
30. (1) The Corporation may, with the approval of the Minister, given with
the concurrence of the Treasurer-
(a) borrow moneys for the purpose of-
(i) exercising its power to engage in trade;
(ii) performing its function of promoting the export from Australia of
apples and pears;
(iii) performing its function of promoting trade and commerce in apples
and pears among the States, between States and Territories and within the
Territories; or
(iv) performing its function of encouraging the consumption of apples
and pears in the Territories; and
(b) give security over any of its assets for the purpose of that borrowing.
(2) The Corporation shall not borrow moneys otherwise than in accordance
with this section.
Amended by No. 15, 1978, s. 5
SECT
(3) The Treasurer may, on behalf of the Commonwealth, guarantee the
repayment of amounts borrowed in accordance with paragraph (1) (a) and the
payment of interest on amounts so borrowed.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 31.
Bank accounts
SECT
31. (1) The Corporation may open and maintain an account or accounts with an
approved bank or approved banks and shall maintain at all times at least one
such account.
(2) The Corporation shall pay all moneys of the Corporation into an account
referred to in this section.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 32.
Application of moneys of Corporation
Sub-section (1) amended by No. 16, 1981, s. 6
SECT
32. (1) The moneys of the Corporation may be applied-
(a) in payment or discharge of the expenses, charges, obligations and
liabilities incurred or undertaken by the Corporation in or in connexion with
the performance of its functions, or the exercise of its powers, under this
Act;
(b) in payment of any remuneration and allowances, or reimbursement of
expenses, payable under this Act to members and deputies of members and to
members of Committees established by the Corporation under this Act;
(c) in payment of remuneration and allowances of members of the staff of
the Corporation;
(d) in making such grants as the Corporation thinks fit to the Australian
Apple and Pear Growers' Association in respect of expenses incurred by the
Association;
(e) in making other payments that the Corporation is authorized or required
to make under this Act; and
(f) in payment of any expenses arising out of anything done by the
Corporation under the Apple and Pear Stabilization Export Duty Collection Act
1971*2*, the Apple and Pear Stabilization Act 1971 or the Apple and Pear
Export Underwriting Act 1981,
but not otherwise.
Amended by No. 15, 1978, s. 5
SECT
(2) Moneys of the Corporation not immediately required for the purposes of
the Corporation may be invested-
(a) at fixed deposit with an approved bank;
(b) in any securities of, or guaranteed by, the Commonwealth or a State;
or
(c) in any other manner approved by the Treasurer.
*2* S. 32 (1)-The Apple and Pear Stabilization Export Duty Collection Act
1971
was repealed by the Apple and Pear Stabilization Amendment Act 1981 (No. 15,
1981).
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 33.
Power to purchase and dispose of assets
SECT
33. (1) The Corporation shall not, without the approval of the Minister-
(a) acquire any property, right or privilege for a consideration exceeding
in amount or value $50,000 or, if a higher amount is prescribed, that higher
amount;
(b) dispose of any property, right or privilege where the amount or value
of the consideration for the disposal, or the value of the property, right or
privilege, exceeds $50,000 or, if a higher amount is prescribed, that higher
amount;
(c) enter into a contract for the construction of a building for the
Corporation, being a contract under which the Corporation is to pay an amount
exceeding $50,000 or, if a higher amount is prescribed, that higher amount;
or
(d) enter into a lease of land for a period exceeding 10 years.
(2) Paragraphs (1) (a) and (1) (b) do not apply to the acquisition and
disposal of apples and pears.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 34.
Proper accounts to be kept
SECT
34. (1) The Corporation shall cause to be kept proper accounts and records
of the transactions and affairs of the Corporation and shall do all things
necessary to ensure that all payments out of moneys of the Corporation are
correctly made and properly authorized and that adequate control is maintained
over the assets of, or in the custody of, the Corporation and over the
incurring of liability by the Corporation.
(2) The accounts and records of the transactions and affairs of the
Corporation in respect of the trading activities of the Corporation (if any)
shall be in accordance with the accounting principles generally applicable in
commercial practice.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 35.
Audit
SECT
35. (1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Corporation and the records relating to
assets of, or in the custody of, the Corporation, and shall forthwith draw the
attention of the Minister to any irregularity disclosed by the inspection and
audit that, in the opinion of the Auditor-General, is of sufficient importance
to justify his so doing.
(2) The Auditor-General may, at his discretion, dispense with all or any
part of the detailed inspection and audit of any accounts or records referred
to in sub-section (1).
Amended by No. 199, 1976, s. 5
SECT
(3) The Auditor-General shall, at least once in each year, report to the
Minister the results of the inspection and audit carried out under sub-section
(1).
(4) The Auditor-General or a person authorized by him is entitled at all
reasonable times to full and free access to all accounts, records, documents
and papers of the Corporation relating directly or indirectly to the receipt
or payment of moneys, or to the acquisition, receipt, custody or disposal of
assets, by the Corporation.
(5) The Auditor-General or a person authorized by him may make copies of, or
take extracts from, any such accounts, records, documents or papers.
(6) The Auditor-General or a person authorized by him may require a person
to furnish him with such information in the possession of the person or to
which the person has access as the Auditor-General or authorized person
considers necessary for the purposes of the functions of the Auditor-General
under this Act, and the person shall comply with the requirement.
(7) A person who contravenes sub-section (6) is guilty of an offence
punishable, upon conviction, by a fine not exceeding $200.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 36.
Liability to taxation
Substituted by No. 16, 1981, s. 7
SECT
36. (1) The Corporation is subject to taxation (other than income tax) under
the laws of the Commonwealth.
(2) Subject to sub-section (3), the Corporation is not subject to taxation
under a law of a State or Territory.
(3) The regulations may provide that sub-section (2) does not apply in
relation to taxation under a specified law.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 37.
Annual report
SECT
PART VI-MISCELLANEOUS
Sub-section (1) amended by No. 199, 1976, s. 6; No. 15, 1978, s. 5
SECT
37. (1) The Corporation shall, as soon as practicable after each 31
December, prepare and furnish to the Minister a report of its operations
during the year ended on that date, together with financial statements in
respect of that year in such form as the Minister for Finance approves.
(2) In its report the Corporation shall give particulars of any directions
given to it by the Minister with respect to the performance of its functions
or the exercise of its powers.
(3) Before furnishing the financial statements to the Minister, the
Corporation shall submit them to the Auditor-General, who shall report to the
Minister-
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records
and, in respect of the trading activities of the Corporation (if any), show
fairly the financial transactions and state of affairs of the Corporation;
(c) whether the receipt, expenditure and investment of moneys, and the
acquisition and disposal of assets, by the Corporation during the year have
been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
(4) The Minister shall cause the report and financial statements of the
Corporation, together with the report of the Auditor-General, to be laid
before each House of the Parliament within 15 sitting days of that House after
their receipt by the Minister.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 38.
Corporation to hold annual discussions with Association
SECT
38. The Corporation shall, as soon as practicable after the report furnished
to the Minister by the Corporation under section 37 has been laid before both
Houses of the Parliament, afford the Apple and Pear Growers' Association an
opportunity to confer with the members of the Corporation for the purpose of
discussing the activities of the Corporation.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 39.
Operation of other Acts not affected
Amended by No. 145, 1981, s. 6
SECT
39. Nothing in this Act or the regulations shall affect the operation of the
Customs Act 1901 or of the Commerce (Trade Descriptions) Act 1904, or of any
regulations made under either or both of those Acts.
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 - SECT. 40.
Regulations
SECT
40. (1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters that are required or permitted by this Act
to be prescribed or are necessary or convenient to be prescribed for carrying
out or giving effect to this Act, and, in particular-
(a) prohibiting the export from Australia of apples or pears except subject
to and in accordance with prescribed conditions, including-
(i) conditions requiring an exporter to be the holder of a licence as
an exporter;
(ii) conditions requiring an exporter to be the holder of a permit to
export in respect of particular exports;
(iii) conditions relating to the price, or form of consignment, of
apples or pears exported; or
(iv) conditions relating to the commission charged by exporters;
(b) providing for the grant by the Minister, or a person authorized by him,
of licences to export from Australia apples or pears;
(c) authorizing the Corporation, or a person authorized by it, to determine
prices or other matters for the purposes of the regulations;
(d) requiring persons to furnish returns and information necessary for the
purposes of this Act; and
(e) providing for penalties not exceeding a fine of $200 for offences
against the regulations.
(2) In the exercise of his powers under the regulations the Minister shall
take into account the recommendations of the Corporation.
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