Apple and Pear Export Charge Regulations (Amendment)

Overview

The Apple and Pear Export Charge Regulations 2 (Amendment) Statutory Rules 1981 No. 3661 was enacted in 1981 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. This legislative instrument amends the Apple and Pear Export Charge Regulations 1976, adjusting the rate of the export charge imposed on apples and pears. This adjustment follows a recommendation from the Australian Apple and Pear Growers’ Association, addressing concerns regarding the economic impact on growers. The policy objective behind these regulations is to provide a fair and regulated charge on apple and pear exports, ensuring that growers receive adequate compensation for their produce while maintaining a balance in the export market. The enacting body for these regulations is the Governor-General, with the amendment taking effect from 1 January 1982. The regulation was notified in the Commonwealth of Australia Gazette on 23 December 1981, ensuring transparency and public awareness of the changes to the export charge rate. This legislative action underscores the government's commitment to supporting the apple and pear industry by responding to stakeholder recommendations and addressing economic disparities within the sector.

Scope and Application

The Apple and Pear Export Charge Regulations 1981 (Amendment) is a legislative instrument that amends the existing regulations concerning the export charge imposed on apples and pears under the Apple and Pear Export Charge Act 1976. The regulations apply to any person or entity engaged in the export of apples and pears from Australia, including growers, exporters, and any other participants in the supply chain. These regulations are issued under the authority of the Commonwealth and therefore have a national jurisdictional reach. The primary purpose of the amendment is to adjust the rate of the export charge, as recommended by the Australian Apple and Pear Growers’ Association, reflecting changes in economic conditions or other relevant factors impacting the apple and pear industry. The amendment specifies the new charge rate effective from 1 January 1982 and ensures that the regulatory framework remains aligned with the objectives of the overarching Act. The regulations do not explicitly state any exclusions, exemptions, or thresholds within the text, but such details would typically be found in the principal Act or further subsidiary legislation.

Key Provisions

The Apple and Pear Export Charge Regulations 2 (Amendment) (Statutory Rules 1981 No. 3661) modifies the rate of the export charge imposed by the Apple and Pear Export Charge Act 1976. Regulation 3, which specifies the charge rate, is amended by changing the amount from 5 to 7 Australian dollars per tonne. This amendment means that exporters of apples and pears will now be subject to a higher charge rate, effective from the date of commencement. Regulation 1 stipulates that these new regulations will come into effect on 1 January 1982. Under these amended regulations, parties involved in the export of apples and pears, including exporters and growers, are subject to the increased charge rate of 7 Australian dollars per tonne. This charge is to be applied to all apples and pears exported from Australia after the commencement date of 1 January 1982. The purpose of this increased charge is likely to be for the collection of funds that may be used for the benefit of the apple and pear industry, potentially for research, marketing, or other initiatives as recommended by the Australian Apple and Pear Growers’ Association. Breach of these regulations could lead to civil and criminal consequences. Although the specific penalties are not detailed within the statutory rules themselves, generally, under Australian law, failure to comply with export regulations can result in fines and other penalties. The exact nature and severity of these penalties would depend on the specific provisions of the Apple and Pear Export Charge Act 1976 and other related laws. It is likely that persistent non-compliance could lead to more severe penalties, including potential prosecution under criminal law. The maximum penalties would be determined based on the extent and nature of the breach, as well as any relevant precedents set by courts in similar cases.