Apple and Pear Export Charges Regulations

Legislation au C1957L00063 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1957. No. 63.

 

REGULATIONS UNDER THE APPLE AND PEAR EXPORT CHARGES ACT 1938-1957.*

WHEREAS it is enacted by sub-section (1.) of section four of the Apple and Pear Export Charges Act 1938-1957 that charges are imposed and shall be levied and paid on all apples and pears exported from the Commonwealth:

And whereas it is enacted by sub-section (2.) of that section that, subject to a lower rate being prescribed by the regulations, the rate of the charges so imposed shall be Two pence for each case, two half cases or three trays of apples or pears exported:

And whereas it is enacted by section six of that Act that the Governor-General may, after report to the Minister by the Australian Apple and Pear Board constituted under the Apple and Pear Organization Act 1938-1953, make regulations for prescribing lower rates of the charges imposed on any apples or pears exported from the Commonwealth:

And whereas it is enacted by section three of the Apple and Pear Export Charges Act 1957 that the rates of charges under the Apple and Pear Export Charges Act 1938-1957 on apples and pears exported before a date to be fixed by the regulations under that Act, after report to the Minister by the Australian Apple and Pear Board, as the date on which that section shall cease to operate shall be One Penny for each case, two half cases or three trays of apples or pears exported:

And whereas the Board has reported to the Minister that the rates of charges to be imposed on all apples and pears exported from the Commonwealth on or after the first day of January, One thousand nine hundred and fifty-eight should be the rates specified in the following Regulations, being rates lower than the rates imposed by the Apple and Pear Export Charges Act 1938-1957:

Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Apple and Pear Export Charges Act 1938-1957.

Dated this 26th day of October, 1957.

W. J. Slim

Governor-General.

By His Excellency’s Command,

(SGD.) WILLIAM McMAHON

Minister of State for Primary Industry.

 

* Notified in the Commonwealth Gazette on 7th November, 1957.

5314/57[D1].—Price 3d. 9/17.9.1957.


APPLE AND PEAR EXPORT CHARGES REGULATIONS.

Citation.

1. These Regulations may be cited as the Apple and Pear Export Charges Regulations.

Commencement.

2. These Regulations shall come into operation on the first day of January, 1958.

Repeal.

3. The Apple and Pear Export Charges Regulations, being Statutory Rules 1956, No. 79, are repealed.

Definition.

4. In these Regulations, unless the contrary intention appears, “t[D2]he Act”[D3] means the Apple and Pear Export Charges Act 1938-1957.

Date on which section 3 of the Apple and Pear Export Charges Act 1957 ceases to operate.

5. Section 3 of the Apple and Pear Export Charges Act 1957 shall cease to operate on the first day of January, 1958.

Rates of charge.

6. For the purposes of the Act, the prescribed rate of charge imposed on apples or pears exported from the Commonwealth is the rate of One and one-quarter pence for each case, two half cases or three trays of apples or pears exported.

Officer to whom moneys to be paid.

7. For the purposes of sub-section (3.) of section 4 of the Act, the officer holding, occupying or performing the duties of any of the following offices is a prescribed officer:—

Collector of Public Moneys, Department of Primary Industry, Sydney;

Collector of Public Moneys, Department of Primary Industry, Melbourne.[D4]

Collector of Public Moneys, Department of Primary Industry, Brisbane;

Collector of Customs, Adelaide;

Collector of Customs, Perth; and

Collector of Customs, Hobart.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.[D5]

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Overview

The Apple and Pear Export Charges Regulations 1957 were enacted to implement the Apple and Pear Export Charges Act 1938-1957, which imposed and levied charges on all apples and pears exported from the Commonwealth of Australia. These regulations were introduced by the Governor-General in Council, following a report from the Australian Apple and Pear Board, to address the need for adjusting the rates of export charges for apples and pears. The policy objective was to lower the charges, as specified in the regulations, to better align with the export market dynamics and potentially stimulate the apple and pear export industry. The regulations came into operation on 1 January 1958, replacing the previous set of regulations from 1956, and specified the new rate of One and one-quarter pence for each case, two half cases or three trays of apples or pears exported, to be collected by designated officers across various cities.

Scope and Application

The Apple and Pear Export Charges Regulations, enacted under the Apple and Pear Export Charges Act 1938-1957, pertain to all apples and pears exported from the Commonwealth of Australia, imposing a charge on such exports. These Regulations apply to any individual or entity involved in the export of apples and pears from Australia, effectively regulating the financial obligations associated with this export activity. The prescribed rate of charge is One and one-quarter pence for each case, two half cases, or three trays of apples or pears exported, with specific officers designated for the collection of these charges, including Collectors of Public Moneys and Collectors of Customs in various Australian cities. The Regulations also specify that the Act's section 3 will cease to operate on the first day of January, 1958, and the previous regulations, namely the Apple and Pear Export Charges Regulations 1956, are repealed by these new Regulations.

Key Provisions

The Apple and Pear Export Charges Regulations (C1957L00063) establish the charge rates for apples and pears exported from Australia, effective from January 1, 1958. The fundamental provision is section 6, which sets the rate of charge at one and a quarter pence per case, two half cases, or three trays of apples or pears exported, as recommended by the Australian Apple and Pear Board and approved by the Minister. This regulation is intended to replace the previous rates specified under the Apple and Pear Export Charges Act 1938-1957. The regulations impose obligations on exporters of apples and pears to ensure they comply with the specified charge rates. Section 7 identifies the authorised officers responsible for collecting these charges, including Collectors of Public Moneys and Collectors of Customs in major cities such as Sydney, Melbourne, Brisbane, Adelaide, Perth, and Hobart. These officers must ensure that exporters pay the prescribed charges, facilitating the proper collection and management of export charges as stipulated by the Act. Breaches of the regulations, including failure to pay the prescribed export charges, may result in legal consequences. Although the specific penalties are not detailed in the provided extract, under the overarching Act, non-compliance could lead to civil or criminal penalties, as is typical for breaches of statutory regulations. The exact nature and severity of these penalties would be determined by the relevant courts or tribunals, potentially including fines or other enforcement actions to ensure compliance with the legislative requirements.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.