Apple and Pear Bounty Act 1936

Legislation au C1936A00004 Not in force Act

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APPLE AND PEAR BOUNTY.

 

No. 4 of 1936.

An Act to provide for the Payment of a Bounty on the Export of Apples and Pears from the Commonwealth.

[Assented to 20th March, 1936.]

Preamble.

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title.

1. This Act may be cited as the Apple and Pear Bounty Act 1936.


Definitions.

2. In this Act, unless the contrary intention appears—

“apples and pears” means fresh apples and pears;

“bushel case” means—

(a) in relation to apples, a case of the dimensions of either the Australian bushel case or the Standard bushel case as specified in the Commerce (General Exports) Regulations as amended to the date of the commencement of this Act; and

(b) in relation to pears, a case of the dimensions of any case specified in those Regulations in respect of pears.

For the purposes of this definition—

(a) two cases of the dimensions of either the Australian half-bushel case or the Standard half-bushel case, as specified in those Regulations, shall be deemed to constitute a bushel case in respect of apples; and

(b) three trays of any dimensions specified in those Regulations shall be deemed to constitute a bushel case in respect of pears.

“Commerce (General Exports) Regulations” means the Commerce (General Exports) Regulations being Statutory Rules 1926, No. 22,

Appropriation.

3. There shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, the bounty specified in this Act.

Specification of bounty.

4. The bounty under this Act shall be payable in respect of apples and pears exported from the Commonwealth during the year ended the thirty-first day of December, One thousand nine hundred and thirty-five, in respect of which the Commerce (General Exports) Regulations, as amended to the date of the export of the apples or pears, were complied with.

Rate of bounty.

5. The rate of bounty payable under this Act shall be Four pence per bushel case of apples or pears.

To whom bounty payable.

6.—(1.) Bounty shall be payable in the prescribed manner to the grower of the apples or pears.

(2.) The amount of bounty payable to a grower shall be calculated on the quantity of apples and pears certified by the prescribed authority to have been exported by or on behalf of the grower.

Condition of bounty.

7. A payment of bounty shall not be made under this Act unless the claimant for that bounty has, on or before the thirtieth day of June, One thousand nine hundred and thirty-six, lodged an application therefor with the Secretary of the Department of Commerce of the Commonwealth, or, in the event of an arrangement being made under section eleven of this Act in relation to any State, with the prescribed officer of that State.

Offences against Act.

8. No person shall—

(a) obtain any bounty which is not payable;

(b) obtain payment of any bounty by means of any false or misleading statement; or


(c) present to any officer or other person doing duty in relation to this Act or the regulations made thereunder any document, or make to any such officer or person any statement, which is false in any particular.

Penalty: Five hundred pounds, or imprisonment for two years.

Power to call for information.

9.—(1.) The Minister, or any person thereto authorized in writing by the Minister or by or under any arrangement made in pursuance of section eleven of this Act, may by notice in writing call upon any person to furnish to him, within such time as is specified in the notice, such books and documents and such information as the Minister or that authorized person thinks necessary in relation to compliance with this Act or the regulations made thereunder or any suspected contravention thereof.

(2.) Any person who, without reasonable excuse (proof whereof shall lie upon him), fails, after receipt of a notice under the last preceding sub-section, to comply with the requirements of the notice, shall be guilty of an offence.

Penalty: Five hundred pounds, or imprisonment for two years.

(3.) Where the person who has so failed to furnish the books, documents or information is a claimant for bounty, payment of any bounty payable to the claimant may be withheld until he has furnished the required books, documents or information.

Return to be lain before Parliament.

10. A report upon the working of this Act, and a return setting forth—

(a) the amount of bounty paid under this Act; and

(b) such other particulars as are prescribed,

shall be prepared in the month of September, One thousand nine hundred and thirty-six and shall be laid before each House of the Parliament by the Minister within fifteen sitting days of that House after the thirtieth day of September, One thousand nine hundred and thirty-six.

Arrangements for payments of bounty by States.

11. The Governor-General may arrange with the Governor in Council of any State for the payment by the State on behalf of the Commonwealth of bounty under this Act to growers of apples or pears in that State, and for the carrying out, by officers of the State or other persons, of any powers or functions under this Act.

Regulations.

12. 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—

(a) for prescribing penalties not exceeding Fifty pounds or imprisonment for a period not exceeding three months for any breach of the regulations; and

(b) for conferring upon any officer or authority of the Commonwealth, or, in any case where there is an arrangement under the last preceding section with the Governor in Council of any State, upon any officer or authority of that State, any power or function incidental to the carrying out of this Act.

Overview

The Apple and Pear Bounty Act 1936 was enacted by the Commonwealth Parliament to provide a financial incentive for the export of apples and pears from Australia. The Act was introduced to support the apple and pear industries by compensating growers for the export of these fruits. This was achieved by offering a bounty, payable from the Consolidated Revenue Fund, for apples and pears exported during the fiscal year ending on 31 December 1935, provided that the relevant export regulations were complied with. The bounty was set at four pence per bushel case of apples or pears and was payable to the grower. The Act also included provisions to ensure compliance with the bounty program, including the submission of applications and certification of exports by authorised officers, as well as penalties for non-compliance and fraud. Additionally, the Act authorised the Governor-General to make regulations to facilitate the implementation of the bounty scheme and allowed for arrangements to be made with state governments for the payment of bounties to growers in those states.

Scope and Application

The Apple and Pear Bounty Act 1936 applies to growers of apples and pears within the Commonwealth of Australia, who are eligible to receive a bounty on the export of these fruits during the specified period. The bounty is payable to the grower and is calculated based on the quantity of apples and pears certified to have been exported. The Act specifies the rate of bounty, which is Four pence per bushel case of apples or pears. It further details the conditions for bounty payment, including the requirement for growers to apply for the bounty and the conditions under which payment may be withheld. The Act also delineates the geographic reach of the bounty, which is applicable to the Commonwealth of Australia, and allows for arrangements with state governments to facilitate the payment of the bounty to growers within those states. The Minister or authorised persons may call for information and documents to ensure compliance with the Act, and failure to provide such information may result in penalties. The Act mandates a report on its operation to be presented to Parliament by the Minister each year.

Key Provisions

The Apple and Pear Bounty Act 1936 provides for the payment of a bounty on the export of apples and pears from the Commonwealth. The bounty is payable for exports made during the year ending 31st December 1935, provided the relevant regulations were complied with (section 4). The bounty is calculated at a rate of four pence per bushel case of apples or pears (section 5), and is payable to the grower of the fruit (section 6). A claimant must lodge an application for the bounty with the Secretary of the Department of Commerce or the prescribed officer of the relevant State by 30th June 1936 (section 7). The Act imposes several obligations on parties. Growers must ensure that the apples or pears are exported in compliance with the Commerce (General Exports) Regulations (section 4). They must also lodge an application for the bounty within the specified timeframe (section 7). The Minister or authorised person may require any person to furnish books, documents, and information related to compliance with the Act or suspected contraventions (section 9). Failure to comply with these requirements may result in the withholding of any bounty payable (section 9(2)). Breaches of the Act can result in significant penalties. Obtaining a bounty that is not payable, obtaining payment through false or misleading statements, or presenting false documents or statements to officers or persons doing duty in relation to the Act are all considered offences (section 8). The maximum penalty for these offences is a fine of five hundred pounds or imprisonment for two years (section 8). Similarly, failure to furnish books, documents, or information as required by a notice under section 9 is an offence, with the same penalty applying (section 9(2)). The Governor-General may also make regulations prescribing penalties not exceeding fifty pounds or imprisonment for a period not exceeding three months for any breach of the regulations (section 12(a)).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.