EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 276
Issued by the Authority of the Minister for Primary Industry
AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS (AMENDMENT)
The Australian Apple and Pear Corporation was set up in 1974 under the provisions of the Australian Apple and Pear Corporation Act 1973 and has, amongst its functions, the control of the export of apples and pears from Australia. Details of such control are set out in the Apple and Pear (Conditions of Export) Regulations.
The requirement for exporters of apples or pears from Australia to be licensed is included in the Regulations, which also provide that applications for licences shall be lodged with the Corporation. The decision whether to grant or refuse an export licence is made by the Minister but in making that decision he is required to take into account, among other things, a recommendation from the Corporation.
The proposed Regulation seeks to amend the matters to be taken into account by the Minister when deciding whether to grant or refuse a licence. The changes are intended to up-date and to define more clearly those matters and they do not substantially alter their content.
In order to assist in the administration of applications for licences to export apples and pears the proposed Regulation provides that applications be received no later than 31 October in any year and that new licences are to be valid from 20 January of the next year. It has been found that the granting of export licences after an export season is underway is disruptive and therefore should be avoided if possible. In addition, the consideration of licence applications would be made easier if all applications received over a period were to be considered together. However, to allow for circumstances when decisions need to be made earlier than by following the general rule, provision is made for licence applications to be received, considered and determined at any time.
Finally, the proposed Regulation provides that the Minister alone shall have regard to matters listed in Regulation 5(4) to be taken into account in considering licence applications. It no longer provides that the Corporation, in framing its recommendation to the Minister, shall have regard to the same criteria. This change has been made following advice from the Attorney-General’s Department that the regulation-making power of the Australian Apple and Pear Corporation Act 1973 is not wide enough to place such a restriction on the Corporation.