Apple and Pear (Appropriation) Act 1941

Overview

The Apple and Pear (Appropriation) Act 1941 was enacted by the Commonwealth Parliament to address a specific financial obligation arising from the National Security (Apple and Pear Acquisition) Regulations. The Act was assented to on 3rd December 1941 and commenced on 31st December 1941. Its primary purpose was to allocate funds from the Consolidated Revenue Fund to repay advances made by the Commonwealth Bank of Australia under the aforementioned regulations. This legislative action was critical in fulfilling the Commonwealth's commitment to national security by ensuring the financial obligations associated with the acquisition of apples and pears were met in a timely and orderly manner.

Scope and Application

The Apple and Pear (Appropriation) Act 1941 is a Commonwealth statute aimed at facilitating the repayment of funds advanced by the Commonwealth Bank of Australia under the National Security (Apple and Pear Acquisition) Regulations. This Act applies to the Commonwealth Bank of Australia and the Commonwealth of Australia, specifically addressing the financial obligations arising from the aforementioned regulations. The primary purpose is to ensure the repayment of a specified sum from the Consolidated Revenue Fund, which was appropriated for this specific purpose. The Act's jurisdiction is national, applying across the Commonwealth of Australia, and it extends to the financial transactions between the Commonwealth Bank and the Commonwealth government under the National Security (Apple and Pear Acquisition) Regulations. There are no stated exclusions, exemptions, or thresholds within the text of the Act itself, and it does not extend or restrict application through subordinate instruments, focusing solely on the appropriation and repayment of the designated sum.

Key Provisions

The Apple and Pear (Appropriation) Act 1941 primarily serves to allocate funds from the Consolidated Revenue Fund for a specific purpose. Section 2 of the Act (s. 2) outlines the appropriation of £1,400,000 to repay advances made by the Commonwealth Bank of Australia under the National Security (Apple and Pear Acquisition) Regulations. This appropriation is aimed at facilitating the repayment of funds that the Commonwealth Bank had previously extended to the government for the purposes specified in the Regulations. These Regulations, which were initially established in 1939 and have been amended over time, are concerned with the acquisition of apples and pears under national security directives. The Act imposes clear obligations on the government, primarily through the appropriation of funds as outlined in section 2. This requires the government to ensure that the specified amount is made available from the Consolidated Revenue Fund and that it is used solely for the repayment of the advances made by the Commonwealth Bank of Australia. The government's duty is to facilitate this financial transaction to settle the debts incurred under the National Security (Apple and Pear Acquisition) Regulations. The Act does not impose direct obligations on other parties, but it does establish a framework for the financial settlement of these historical transactions. There are no explicit offences, penalties, or civil or criminal consequences mentioned within the text of the Act for failing to comply with its provisions. However, the failure to appropriate the specified funds or to use them as intended could potentially lead to legal challenges or financial disputes, particularly if the Commonwealth Bank were to seek redress for non-repayment. The Act itself does not specify any maximum penalties for non-compliance, but it is implicitly understood that the government's failure to meet its financial obligations could result in legal action or financial repercussions for the Commonwealth.