Apple and Pear Export Charge Regulations (Amendment)

Overview

The Apple and Pear Export Charge Regulations (Amendment) 1982, issued under the authority of the Minister for Primary Industry, amends the Apple and Pear Export Charge Regulations to adjust the export charge on apples and pears exported from Australia. The original Apple and Pear Export Charge Act 1976 established the framework for imposing an export charge on these fruits, which, together with the domestic sales levy, funds the Australian Apple and Pear Corporation. The 1982 amendment responds to recommendations from the Australian Apple and Pear Growers’ Association, aiming to ensure that the export charge remains competitive while securing adequate funding for the Corporation for the 1983 season. The amendment sets the export charge at 9 cents per box, aligning it with the domestic sales levy rate and within the maximum allowable rate of 12 cents per box as prescribed by the Act. This regulation is effective from 1 January 1983, reflecting the industry's need for stable financial support and ensuring the ongoing viability of the Australian Apple and Pear Corporation.

Scope and Application

The Apple and Pear Export Charge Regulations (Amendment) Statutory Rules 1982 No 327, issued under the authority of the Minister for Primary Industry, pertains to the adjustment of the rates for export charges on apples and pears from Australia. The Act applies to entities involved in the export of apples and pears, including growers and exporters, and is governed by the Apple and Pear Export Charge Act 1976. The legislation is designed to align the export charge with the domestic sales levy to ensure that the Australian Apple and Pear Corporation receives sufficient funding. The amendment to the regulation, which sets the export charge at 9 cents per box of fruit, is effective from 1 January 1983 and is based on a recommendation by the Australian Apple and Pear Growers’ Association, with a maximum permissible charge of 12 cents per box as stipulated by the Act. This regulation applies across the Commonwealth and aims to provide a consistent framework for the industry’s financial management.

Key Provisions

The main operative sections of the Apple and Pear Export Charge Regulations (Amendment) (No. 327 of 1982) concern the imposition of an export charge on apples and pears exported from Australia. Section 7(3) of the Apple and Pear Export Charge Act 1976 mandates that the Governor-General must consider recommendations from the Australian Apple and Pear Growers’ Association before setting the rate of this charge. The proposed amendment establishes a charge of 9 cents per box of exported fruit, aligning with the recommended rate by the Growers’ Association. This charge is to be effective from 1 January 1983 and is set to match the domestic levy rate for fresh apples and pears to ensure fairness in the industry. The maximum permissible rate under the Act is set at 12 cents per box, providing a cap on the allowable charge. The Apple and Pear Export Charge Regulations (Amendment) imposes certain obligations on the entities it governs. Primarily, it requires the Governor-General to take into account the recommendations from the Australian Apple and Pear Growers’ Association before establishing the rate of the export charge. This ensures that the industry’s voice is considered in the regulatory process. Furthermore, the regulations mandate that the Australian Apple and Pear Corporation be financed through the combined levies on both exported and domestically sold fruit. This dual-source funding mechanism is intended to provide adequate financial resources for the Corporation to support the industry. In terms of breaches and penalties, the legislation does not explicitly outline specific offences or penalties for non-compliance. However, the requirement to adhere to the recommended rates and the alignment with domestic sales levies suggests that failure to comply with these regulations could potentially lead to financial implications for the parties involved. Although the exact penalties are not detailed in the text, it is reasonable to infer that non-compliance might result in legal consequences, such as fines or other enforcement actions, to ensure the regulations are followed and the industry is adequately funded. The Apple and Pear Export Charge Regulations (Amendment) serves to maintain financial stability within the apple and pear industry by setting a clear framework for export charges and domestic levies. The alignment of the export charge rate with the domestic sales levy ensures that the industry receives consistent funding for the Australian Apple and Pear Corporation. The obligation to consider the Growers’ Association's recommendations underscores the importance of industry input in regulatory decisions. While the text does not provide explicit details on penalties for non-compliance, the implication is that adherence to these regulations is crucial to avoid potential legal repercussions and ensure the industry's financial sustainability.