Apple and Pear Export Charges
No. 117 of 1968
An Act to amend sections 4 and 6 of the Apple and Pear Export Charges Act 1938–1966, and for purposes related thereto.
[Assented to 2 December 1968]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Apple and Pear Export Charges Act 1968.
(2.) The Apple and Pear Export Charges Act 1938–1966 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Apple and Pear Export Charges Act 1938–1968.
Commencement.
2.—(1.) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2.) Section 3 of this Act shall come into operation on the first day of January, One thousand nine hundred and sixty-nine.
Charges on the export of apples and pears.
3. Section 4 of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-sections:—
“(2) The amount of charge on any apples or pears exported—
(a) shall be calculated separately in respect of the apples or pears contained in each container; and
(b) shall be ascertained in accordance with the regulations, but is not to exceed an amount calculated at the rate of Five cents for each reputed bushel, or part of a reputed bushel, of apples or pears in the container.
“(2a.) In the last preceding sub-section—
‘container’, in relation to apples or pears, means the receptacle in which the apples or pears are enclosed, but does not include a receptacle that contains one or more smaller receptacles;
‘reputed bushel’ means—
(a) in relation to apples—forty pounds; and
(b) in relation to pears—forty-five pounds.”.
Regulations.
4. Section 6 of the Principal Act is amended by omitting the words “lower rates” and inserting in their stead the words “the manner of ascertaining the amounts”.
Saving.
5. Notwithstanding the amendments made by this Act, the charges payable under the Apple and Pear Export Charges Act 1938–1968 on apples or pears exported before the first day of January, One thousand nine hundred and sixty-nine, are the same as if this Act had not been enacted.
Overview
The Apple and Pear Export Charges Act 1968 was enacted to amend the Apple and Pear Export Charges Act 1938–1966, addressing specific issues with the calculation and regulation of export charges for apples and pears. The Act was assented to on 2 December 1968 by the Queen’s Most Excellent Majesty, through the Senate and the House of Representatives of the Commonwealth of Australia. This legislative amendment sought to provide clarity and consistency in the application of export charges by modifying the calculation method and the definition of key terms such as 'container' and'reputed bushel'. By refining these aspects, the Act aimed to streamline the export process and ensure equitable application of charges, while preserving the charges for exports completed before the Act's effective date.
Scope and Application
The Apple and Pear Export Charges Act 1968 applies to any entities involved in the export of apples and pears from Australia, modifying the existing Apple and Pear Export Charges Act 1938–1966. It is a Commonwealth Act, and thus its jurisdiction extends nationally across Australia. The Act specifically addresses the calculation of export charges for apples and pears, determining that the charge is calculated separately for each container of produce, with the charge not exceeding five cents for each reputed bushel, a measure defined within the Act as forty pounds for apples and forty-five pounds for pears. The Act also includes provisions for the manner in which these charges are ascertained, which can be further detailed through regulations. Notably, the Act includes a saving clause which ensures that the charges payable for exports occurring before its effective date remain unchanged, maintaining continuity for exports up until the first day of January, 1969, when the new provisions came into effect.
Key Provisions
The Apple and Pear Export Charges Act 1968 amends the Apple and Pear Export Charges Act 1938–1966 by altering the charge calculation method for exported apples and pears. Section 4 of the Principal Act is updated to specify that the charge is calculated per container of apples or pears, with a maximum charge of five cents per reputed bushel (40 pounds for apples, 45 pounds for pears) (Section 3). Section 6 is also amended to clarify the method of ascertaining the amounts of these charges through regulations (Section 4). This Act ensures that the charges for exports occurring before its commencement remain unchanged (Section 5).
Entities involved in the export of apples and pears are obligated to adhere to the new charge calculation methods outlined in the Act. They must ensure that the charges are calculated per container and do not exceed the specified rates per reputed bushel. Furthermore, they must follow the regulations established under Section 6 to ascertain the amounts of the charges accurately. These obligations are critical to comply with the amended provisions of the Act and avoid any discrepancies in charge calculations.
Violations of the provisions outlined in the Apple and Pear Export Charges Act 1968 may lead to penalties. Although the specific penalties are not detailed in the provided text, breaches of similar legislation typically result in fines or other civil consequences. The severity of these penalties may depend on the nature and extent of the breach. It is essential for entities to ensure full compliance to avoid any potential legal ramifications.