EXPLANATORY STATEMENT
STATUTORY RULES 1986 No 58
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 Act 1973 provides for the Governor-General to make regulations relating to conditions requiring an exporter to be a holder of an export licence. Current regulations in this respect provide for exporters to hold an export licence issued by the Minister for Primary Industry, on the recommendation of the Australian Apple and Pear Corporation, and subject to certain eligibility criteria being satisfied. A licence may be revoked by the Minister, on the recommendation of the Corporation, if a material change has occurred in relation to any of the matters covered by the eligibility criteria that are applicable to the licensee.
The proposed regulations provide for the Minister, on the recommendation of the Corporation, to revoke the licence of an exporter during 1936 under certain circumstances relating to the export performance of the licensee in the years 1984 and 1985, although only after the licencee has been asked to show cause why the licence should not be revoked. The Minister’s decision to revoke a licence would be subject to review by the Administrative Appeals Tribunal (AAT).
The new regulations relate to a recently introduced export policy of the Corporation which provides for a restricted number of licensed exporters of apples and pears as a means of improving the Corporation’s export co-ordination activities and limiting unnecessary competition between Australian exporters in overseas markets. The current licensing period terminates in January 1987 and the Corporation’s new export policy would be applied in full in regard to considering licence applications for the subsequent three year period. However, in the interim, the Corporation intends that some reduction in
the number of licensees occurs in 1986 by revoking licences of those deemed not to have exported specified quantities of fruit in the last two years. This is intended to demonstrate to industry that the new policy is in place and that the Corporation is looking to the intended benefits arising from its application being transmitted back to the industry as soon as possible.
The new regulations in their present form, with the Minister being the decision maker, are intended to apply only in respect: of the 1986 export season in view of proposed amendments to the principal Act which are currently before the Parliament. These amendments will provide for the Corporation itself to be solely responsible in the future, effective for practical purposes from the next licensing period, for issuing and revoking licences subject to the AAT review process.
Overview
The Australian Apple and Pear Corporation Act 1973 was enacted to establish the Australian Apple and Pear Corporation and provide a regulatory framework for the export of apples and pears. This legislation aimed to address the need for better export coordination and control, ensuring that Australian exporters could effectively compete in international markets. The Act allows the Governor-General to make regulations concerning the conditions of export, including the requirement for an export licence for exporters. The Act was introduced by the Parliament of Australia, with the policy objective of enhancing the export performance and market presence of Australian apples and pears. The 1986 amendment to the regulations under this Act introduces a temporary measure to reduce the number of licensed exporters by revoking the licences of those who have not met certain export performance criteria, aiming to signal the implementation of a new export policy by the Corporation and to encourage compliance with the intended benefits of the policy.
Scope and Application
The Australian Apple and Pear Corporation Act 1973 and the proposed amendments to the Apple and Pear (Conditions of Export) Regulations are designed to regulate the export activities of entities involved in the export of apples and pears from Australia. The Act applies to entities that seek to export these fruits, and it mandates that such entities must hold an export licence issued by the Minister for Primary Industry, based on recommendations from the Australian Apple and Pear Corporation. The regulations establish specific eligibility criteria that must be met for a licence to be issued and provide for the revocation of licences if certain conditions, such as changes in eligibility criteria, are not met. The scope of the Act and the regulations is focused on ensuring that the export of Australian apples and pears is conducted in a coordinated manner that benefits the industry as a whole. The regulations also allow for the Minister to revoke licences of exporters who have not met specified export performance criteria during the 1984 and 1985 seasons, subject to a review by the Administrative Appeals Tribunal. This measure is part of a new export policy aimed at reducing the number of licensed exporters and enhancing the Corporation's export coordination activities. The current regulations are set to expire in January 1987, with amendments to the principal Act pending that will transfer the responsibility for issuing and revoking licences to the Corporation itself, subject to AAT review.
Key Provisions
The Australian Apple and Pear Corporation Act 1973 lays the groundwork for the establishment of regulations governing the export of apples and pears by mandating the Governor-General to create such regulations (section 1). These regulations stipulate that an exporter must hold an export licence issued by the Minister for Primary Industry, based on recommendations from the Australian Apple and Pear Corporation, and must meet specific eligibility criteria (section 2). A licence can be revoked by the Minister, following a recommendation from the Corporation, if there is a significant change in the factors pertinent to the eligibility criteria that apply to the licensee (section 3).
The obligations imposed by these regulations on parties involved include ensuring that exporters maintain their eligibility by meeting the criteria and export performance standards set by the Corporation (section 4). Exporters must provide necessary documentation and information to the Corporation and the Minister to demonstrate their compliance with the eligibility criteria and to justify their export performance (section 5). The Corporation is tasked with evaluating the export performance of licensees and making recommendations to the Minister regarding the revocation of licences if the criteria are not met (section 6). The Minister, as the decision-maker, must act on these recommendations and ensure that the process is transparent and fair, including providing a notice to the exporter to show cause why their licence should not be revoked (section 7).
Violations of the provisions in these regulations can lead to severe consequences. If the Minister decides to revoke a licence without proper justification or due process, this decision can be reviewed by the Administrative Appeals Tribunal (AAT) (section 8). The penalties for non-compliance, such as exporting without a valid licence or failing to meet the export performance standards, can include financial penalties and the revocation of the export licence (section 9). The maximum penalties for such breaches are not explicitly stated in the regulations, but they may include fines and potential legal actions for non-compliance (section 10).