Statutory Rules
1974 No. 151
REGULATIONS UNDER THE AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Australian Apple and Pear Corporation Act 1973.
Dated this thirtieth day of August, 1974.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
K. S. WRIEDT
Minister of State for Agriculture.
________
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS
Citation.
1. These Regulations may be cited as the Apple and Pear (Conditions of Export) Regulations.
Interpretation.
2. In these Regulations, unless the contrary intention appears—
“Act” means the Australian Apple and Pear Corporation Act 1973;
“authorized price” means the minimum price determined by the Corporation in pursuance of regulation 10 of these Regulations;
“export” means export from Australia;
“guaranteed advance contract”, in relation to apples or pears means a contract or arrangement between the owner of the apples or pears and another person under which—
(a) the owner agrees to supply the apples or pears for sale outside Australia by the other person on commission on behalf of the owner; and
(b) the other person agrees—
(i) to endeavour to sell the apples or pears in accordance with the contract or arrangement; and
(ii) whether or not he does so sell the apples or pears and irrespective of the price received on any such sale of the apples or pears, to pay to the owner an advance payment in respect of the fruit at a rate fixed by the contract or arrangement;
“licence” means a licence granted under regulation 5;
“licensee” means a person who is the holder of a licence granted under regulation 5 that is for the time being in force.
* Notified in the Australian Government Gazette on 2 September 1974.
Ports.
3. (1) The Corporation may, for the purposes of these Regulations, determine the ports from which apples or pears may be exported and the ports in other countries to which apples or pears may be exported.
(2) In determining the ports from which apples or pears may be exported from Australia, the Corporation shall have regard to the packing and cold storage facilities available at the port, the shipping facilities available for the export of apples or pears from the port and all other matters relevant to the promotion of the export of apples and pears.
(3) In determining the ports in a country to which apples or pears may be exported, the Corporation shall have regard to the storage and other facilities available in that country and all other matters relevant to the promotion of the export of apples or pears.
Regulation of export.
4. The export of apples or pears otherwise than by the Corporation is prohibited—
(a) except by a licensee;
(b) except in pursuance of a permit issued to a licensee by the Corporation under regulation 7 in respect of the apples or pears; and
(c) except in accordance with the conditions prescribed by these Regulations.
Licences.
5. (1) An application for the grant of a licence shall be lodged with the Corporation and shall contain particulars with respect to the matters to which the Minister is, by sub-regulation (4), to have regard in determining whether to grant or refuse the application.
(2) The Corporation shall consider each application for a licence and shall recommend to the Minister that the Minister grant or refuse the application on the grounds stated by the Corporation.
(3) The Minister shall, after taking into account the recommendations of the Corporation, grant or refuse the application for a licence, and, where the Minister grants a licence, he shall specify in the licence the port or ports from and to which the licensee is authorized to export apples or pears.
(4) The Corporation, in making recommendations to the Minister in relation to the grant or the refusal of a licence, and the Minister, in determining whether to grant or refuse an application for a licence shall have regard to—
(a) the experience and ability of the applicant in exporting apples or pears or other products from Australia;
(b) the financial standing and commercial reputation of the applicant;
(c) the shipping facilities available to the applicant for the export of apples or pears;
(d) the packing and cold storage facilities available to the applicant at the port or ports from which he proposes to export apples or pears;
(e) the marketing facilities available to the applicant in the country in which the ports to which he proposes to export apples or pears are situated;
(f) matters applicable to the applicant that are relevant to the promotion of the export from Australia of apples or pears, including matters that may affect adversely the export trade of apples or pears; and
(g) all other matters relevant to the promotion of the export of apples or pears and to the control of the export of apples or pears, including the number of licences in force under these Regulations authorizing the export of apples or pears to the country or countries to which the applicant proposes to export apples or pears.
(5) The Minister may, by instrument in writing under his hand, authorize an officer in the First or Second Division of the Australian Public Service occupying an office in the Department of Agriculture to exercise the powers and functions conferred on the Minister by this regulation, and the performance or exercise of a power or function by such an officer shall be deemed to be the performance or exercise of that power or function by the Minister.
(6) Nothing in sub-regulation (5) prevents the exercise of a power or the performance of a function by the Minister.
Term of licences.
6. (1) Subject to sub-regulation (3), a licence remains in force for a period of three years commencing on the date that it is granted.
(2) If, during the period for which a licence is in force, a material change has occurred in any of the matters referred to in sub-regulation 5 (4) that are applicable to the licensee, the Corporation may recommend to the Minister that the licence be revoked and the Minister may, after taking into account the recommendations of the Corporation, call upon the licensee to show cause why his licence should not be revoked.
(3) If the licensee fails to show cause, the Minister may revoke the licence.
Permits.
7. (1) An application by a licensee for a permit to export apples or pears shall be in accordance with the form made available by the Corporation for the purpose, being a form that requires the applicant to specify such of the matters referred to in the succeeding provisions of these Regulations as are applicable.
(2) The Corporation shall not refuse to grant a permit for the export of apples or pears unless the export would be in contravention of the conditions and restrictions specified in the succeeding provisions of these Regulations.
Ports from which and to which exports of apples and pears may be made.
8. (1) The export by a licensee of apples or pears from a port in Australia is prohibited unless that port is a port specified in his licence as a port from which apples or pears may be exported by him.
(2) The export of apples or pears from a port referred to in sub-regulation (1) to a port in a country outside Australia is prohibited unless the port to which the apples or pears are to be exported is a port specified in his licence as a port to which apples or pears may be exported by him.
Conditions relating to contracts, insurance and ships.
9. (1) The export of apples or pears is prohibited—
(a) except in pursuance of a contract or agreement that provides that the apples or pears shall be shipped f.o.b. and for terms of payment that are in accordance with terms approved by the Corporation; or
(b) unless the Corporation has approved that the export of the apples or pears be made on other terms and conditions, including terms of payment.
(2) The export of apples or pears is prohibited unless the apples or pears are insured against loss or deterioration while awaiting transport, in transit or until disposed of.
(3) The export of apples or pears in a ship other than a ship approved by the Corporation is prohibited.
Authorized price.
10. (1) Except with the approval of the Corporation, the export of apples or pears (not being apples or pears in respect of which a guaranteed advance contract is applicable) is prohibited if the price at which the apples or pears have been sold or, if the apples or pears are consigned for sale outside Australia, the price at which the apples or pears are to be sold, is less than the minimum price (if any) for the time being applicable in relation to those apples or pears under a determination made by the Corporation for the purpose of this sub-regulation.
(2) The export of apples or pears in respect of which a guaranteed advance contract is applicable is prohibited unless the rate at which the advance payment in respect of the apples or pears is fixed by the contract or arrangement is a rate not less than the minimum rate (if any) for the time being applicable in relation to those apples or pears under a determination made by the Corporation for the purposes of this sub-regulation.
Rates of Commission.
11. (1) The export of apples or pears by a licensee who sells on behalf of the owner of apples or pears, whether under a guaranteed advance contract or otherwise, is prohibited unless the commission payable to that licensee in respect of the sale of the apples or pears is or is less than the maximum rate of commission (if any) for the time being applicable in relation to those apples or pears under a determination made by the Corporation for the purposes of this regulation.
(2) The Corporation may determine that the maximum rate of commission be calculated—
(a) as a specified percentage of the sale price of the apples or pears; or
(b) at a specified amount in respect of a specified quantity of the apples or pears exported.
Persons to whom apples or pears may be consigned.
12. The export of apples or pears is prohibited unless the purchaser or the person to whom the apples or pears are consigned as an agent or representative of the purchaser or the exporter in the country to which the apples or pears are consigned has been approved by the Corporation for the purposes of these Regulations.
Quantities or apples or pears that may be exported.
13. The export of apples or pears in quantities in excess of quantities determined in pursuance of section 8 of the Act by the Corporation to be the maximum quantities to be exported by alt licensees generally, to particular places or to particular purchasers or to their agents or representatives in countries outside Australia is prohibited.
Labelling and packaging.
14. (1) For the purposes of this regulation, the Corporation may make determinations specifying—
(a) the requirements with which packages in which apples or pears are to be exported shall comply; and
(b) the requirements with which the labelling of packages in which apples or pears are to be exported shall comply.
(2) The Corporation shall cause a copy of its determinations under sub-regulation (1) to be served on each licensee.
(3) The export of apples or pears is prohibited unless the requirements specified in a determination made under sub-regulation (1) are complied with.
Minister may suspend or cancel licence.
15. Where any person to whom a licence has been granted under regulation 5 has contravened or failed to comply with the conditions and restrictions specified in these Regulations the Minister may, after taking into account any recommendation of the Corporation, by notice in writing, suspend or cancel the licence.
Corporation may require information and returns to be furnished.
16. (1) For the purpose of enabling it to exercise its powers and functions under the Act or these Regulations, the Corporation may, by notice in writing, require a licensee or any other person who is engaged in the production, packaging, handling, transportation or marketing of apples or pears to furnish to the Corporation, within such time as is specified in the notice, returns or information on matters in respect of which the Corporation has powers or functions under the Act or these Regulations.
(2) Where a licensee or other person referred to in sub-regulation (1), on whom a notice under that sub-regulation has been served, fails to complete the returns or supply the information required to the best of his knowledge, he shall be guilty of an offence.
Penalty: $200.
Delegation.
17. (1) The Corporation may, by instrument in writing under its seal, delegate to an officer or employee of the Corporation, either generally or otherwise, all or any of its powers under these Regulations except this power of delegation and its powers and functions under regulation 5 or 14.
(2) The Corporation may, by instrument in writing under its seal, delegate to an officer or employee of the Department of Agriculture or the Department of Customs and Excise, performing duty at a port or to a person with whom the Corporation has entered into an arrangement for the performance of services on its behalf at a port its powers and functions under regulation 7 in respect of permits for the export of apples or pears from that port.
(3) A power or function delegated under sub-regulation (1) or (2) may be exercised or performed by the delegate in accordance with the instrument of delegation, and, when so exercised or performed, shall, for the purposes of these Regulations be deemed to have been exercised or performed by the Corporation.
(4) A delegation under sub-regulation (1) or (2) does not prevent the exercise of a power or the performance of a function by the Corporation.
Continuation in force of certain licences and permits.
18. (1) A licence to export apples or pears or both in force under the Apple and Pear Organization Act 1938-1971 immediately before the commencement of the Act shall, for the purposes of these Regulations, be deemed to be a licence granted under regulation 5 and such a licence shall, notwithstanding sub-regulation 6 (1), cease to be in force at 31 December 1974.
(2) A permit granted by the Australian Apple and Pear Board under the Apple and Pear Organization Act 1938-1971 before the commencement of the Act shall, for the purposes of these Regulations be deemed to be, on and after the commencement of these Regulations, a permit granted by the Corporation under these Regulations.