Apple and Pear (Conditions of Export) Regulations (Amendment)

Overview

The Apple and Pear (Conditions of Export) Regulations 1980 (Amendment) were enacted to modify the existing regulatory framework governing the export of apples and pears from Australia. The legislation was introduced to address specific operational and administrative aspects of the existing regulatory environment, including the consideration of the views of the Australian Apple and Pear Growers’ Association in the licensing process and the adjustment of the term and conditions under which export licenses are granted. These amendments were made under the authority of the Australian Apple and Pear Corporation Act 1973, and the policy objective was to streamline and modernise the regulatory requirements to better support the apple and pear export industry. The enactment of these regulations by the Governor-General, on the advice of the Federal Executive Council, ensures that the modifications align with the broader legislative intent to foster a competitive and efficient export market for Australian apples and pears.

Scope and Application

The Apple and Pear (Conditions of Export) Regulations (Amendment) 1980 applies to the export of apples and pears within the Commonwealth of Australia and is an amendment to the Apple and Pear (Conditions of Export) Regulations. This legislative instrument primarily impacts apple and pear growers and exporters, requiring them to comply with specific conditions for the export of these fruits. The amendment mandates that export licences consider the views of the Australian Apple and Pear Growers’ Association regarding the application, thereby incorporating industry stakeholder perspectives into the licensing process. Additionally, the regulations specify the term of export licences, with those granted before 19 January 1981 expiring on that date, and subsequent licences expiring on each succeeding 19 January at intervals of three years. The overarching prohibition against the export of apples and pears unless certain conditions are met remains unchanged, ensuring continued regulatory oversight of the export process. Notably, the regulations do not explicitly exclude any entities or transactions, meaning they apply broadly to all involved in the export of these fruits. Any further application or restrictions are potentially delineated through subordinate instruments, although the provided text does not specify such details.

Key Provisions

The Apple and Pear (Conditions of Export) Regulations 1980 (Amendment) (Statutory Rules 1980 No. 3561) introduces several key amendments to the original legislation. Firstly, under Regulation 5, a new paragraph (ea) is inserted into sub-regulation (4), requiring that the application for an export licence must include the views of the Australian Apple and Pear Growers’ Association regarding the application. Additionally, the text following paragraph (g) has been modified to clarify that the licensing pertains only to pears, omitting the previously included reference to apples. Regarding the term of licences, Regulation 6 now states that a licence remains in effect until the next expiry date following the date of grant, with the term of such licences being defined in sub-regulation (1A). This sub-regulation specifies that for licences granted before 19 January 1981, the expiry date is 19 January 1981. For all other cases, the expiry date occurs every three years starting from 19 January 1981. Regulation 9 of the amended Regulations prohibits the export of apples and pears unless the export complies with the conditions specified in the Regulations. This ensures that all exports must meet certain criteria to be legally permissible. Finally, Regulation 4 clarifies that sub-regulation 6(1) of the original Regulations continues to apply to licences that were in force before the amended Regulations took effect. The amended Regulations impose specific obligations on parties involved in the export of apples and pears. For instance, applicants for export licences must now include the views of the Australian Apple and Pear Growers’ Association in their application, ensuring that the industry's perspective is considered in the licensing process. Additionally, the term of licences is now clearly defined, providing certainty for licence holders regarding the duration of their licences. Compliance with these conditions is crucial for any party involved in the export of apples and pears. Failure to comply with the amended Regulations can result in legal consequences. The primary offence under these Regulations is the unauthorised export of apples and pears, which is strictly prohibited unless the conditions of the licence are met. Breach of this prohibition could lead to significant civil or criminal penalties, although the specific penalties are not detailed in the text. However, in general terms, such breaches could result in fines or other sanctions as determined by relevant authorities.