EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 113
Issued by the Authority of the Minister for Primary Industry.
APPLE AND PEAR (CONDITIONS OF EXPORT) REGULATIONS
(AMENDMENT)
The Apple and Pear (Conditions of Export) Regulations prescribe the conditions that must be met before apples and pears can be exported from Australia. The regulations are designed to provide control of the export from Australia of apples and pears and to protect the reputation of Australia as an exporter.
Sub-regulation 17(2) provides that the Australian Apple and Pear Corporation may delegate particular functions to an officer or employee of the Department of Business and Consumer Affairs.
However, as a consequence of the Administrative Arrangements Order of 7 May 1982, the Department of Business and Consumer Affairs no longer exists and the function which previously resided in that Department relevant to the sub-regulation is now to be carried out by the Department of Industry and Commerce.
The purpose of the present regulation is to amend sub-regulation 17(2) so as to take account of the new arrangements.
Overview
The Apple and Pear (Conditions of Export) Regulations (Amendment) Statutory Rules 1982 No. 113 were enacted to address the need for updating the regulatory framework governing the export of apples and pears from Australia in light of administrative changes. The 1982 Amendment was introduced to ensure the continuity of export control functions by updating the designation of the department responsible for certain regulatory tasks, reflecting the dissolution of the Department of Business and Consumer Affairs and its integration into the Department of Industry and Commerce as per the Administrative Arrangements Order of 7 May 1982. This amendment aims to maintain the integrity and efficacy of the export control regime, thereby protecting Australia's reputation as a reliable exporter of apples and pears. The policy objective remains the provision of stringent controls to safeguard both domestic and international markets from potential phytosanitary risks.
Scope and Application
The Apple and Pear (Conditions of Export) Regulations, as amended, apply to all entities and individuals involved in the export of apples and pears from Australia, ensuring that these exports meet specific standards. This regulation specifically targets the entities responsible for overseeing the compliance of these exports, including the Australian Apple and Pear Corporation and its designated officers or employees who are now part of the Department of Industry and Commerce. The geographic reach of these regulations is national, governing the export activities across Australia. While the regulations primarily focus on maintaining the quality and reputation of Australian apples and pears on the international market, they do not explicitly state any exclusions or thresholds, meaning they apply broadly to all applicable exports. The application of these regulations may be further extended or specified through subordinate instruments, which provide additional details on implementation and enforcement.
Key Provisions
The Apple and Pear (Conditions of Export) Regulations, particularly as amended by Statutory Rules 1982 No. 113, outline the requirements that must be met before exporting apples and pears from Australia. These regulations (sections 1 to 18) ensure that the export of these fruits maintains Australia's reputation and provides necessary control over the export process. Key among these is Sub-regulation 17(2), which initially allowed the Australian Apple and Pear Corporation to delegate specific functions to officers or employees of the Department of Business and Consumer Affairs. However, due to changes in administrative arrangements, the functions previously overseen by the now-defunct Department of Business and Consumer Affairs have been transferred to the Department of Industry and Commerce.
The obligations imposed by these regulations on parties involved in the export of apples and pears include adherence to the stipulated conditions for export. This encompasses compliance with quality, packaging, and documentation standards, ensuring that the exported fruits meet the necessary health and safety requirements. The Australian Apple and Pear Corporation, in particular, must ensure that any delegated functions are executed by the appropriate personnel within the Department of Industry and Commerce. Exporters are also required to provide necessary documentation and certifications, such as phytosanitary certificates, to confirm that the exported fruits comply with Australian and international standards.
Violations of the Apple and Pear (Conditions of Export) Regulations can result in various penalties and legal consequences. Non-compliance with the export conditions may lead to fines, confiscation of the non-compliant produce, and potential legal action against the offending parties. The severity of the penalties can vary depending on the nature and extent of the breach. For example, exporting fruits that do not meet the quality or safety standards could result in substantial fines and, in severe cases, criminal charges. Additionally, repeated or egregious breaches could lead to more severe penalties, including suspension or revocation of export licenses.
In summary, the amended Apple and Pear (Conditions of Export) Regulations mandate specific conditions for the export of apples and pears from Australia, ensuring quality and adherence to international standards. The regulations place obligations on the Australian Apple and Pear Corporation and exporters to comply with these conditions and transfer relevant functions to the Department of Industry and Commerce. Breaches of these regulations can lead to significant penalties, including fines and potential criminal charges, highlighting the importance of strict compliance.