STATUTORY RULES
1971 No.
REGULATION UNDER THE APPLE AND PEAR EXPORT CHARGES ACT 1938-1968.*
WHEREAS it is enacted by sub-section (1.) of section 4 of the Apple and Pear Export Charges Act 1938-1968 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 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:
AND WHEREAS it is enacted by section 6 of that Act that the Governor-General may, after report to the Minister of State for Primary Industry by the Australian Apple and Pear Board constituted under the Apple and Pear Organization Act 1938-1966, make regulations for prescribing the manner of ascertaining the amounts of the charges imposed on any apples or pears exported from the Commonwealth:
AND WHEREAS the Australian Apple and Pear Board has reported to the Minister of State for Primary Industry that the manner of ascertaining the amounts of the charges to be imposed on apples or pears exported from the Commonwealth should be the manner specified in the Apple and Pear Export Charges Regulations as amended by the following Regulation:—
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 Regulation under the Apple and Pear Export Charges Act 1938-1968.
Dated this eighteenth day of January, 1971.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
(Sgd.) J. D. ANTHONY
Minister of State for Primary Industry.
Amendment of the Apple and Pear Export Charges Regulations†
Regulation 4 of the Apple and Pear Export Charges Regulations is repealed and the following regulation inserted in its stead:—
Export charges.
“4.—(1.) Subject to the next succeeding sub-regulation, the amount of the charge imposed on apples or pears exported from the Commonwealth is an amount of Four cents for each reputed bushel, or part of a reputed bushel, of the apples or pears contained in a container.
* Notified in the Commonwealth Gazette on 1971
† Statutory Rules 1969, No. 14.
25815/70—Price 5c 10/11.12.1970
“ (2.) Where apples or pears are exported in a container containing not more than one and one-quarter reputed bushels of apples or pears, the amount of the charge imposed on the apples or pears is an amount ascertained in accordance with the following table:—
Weight of apples or pears contained in the container | Amount or charge in cents |
Not more than 5/8ths of a reputed bushel............................. | 2 |
More than 5/8ths but not more than 7/8ths of a reputed bushel............... | 3 |
More than 7/8ths of a reputed bushel................................ | 4 |
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Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
The Apple and Pear Export Charges Act 1938-1968 was enacted by the Australian Parliament to impose and regulate charges on the export of apples and pears from the Commonwealth. The legislation aimed to fill the gap in ensuring that a fair charge was levied on exported fruit, which would be collected to support the apple and pear industry within Australia. This Act provided the framework for the imposition of charges, with subsequent regulations detailing the specific manner of calculating these charges. The 1971 Statutory Rules amendment to the Apple and Pear Export Charges Regulations was made under the authority granted by section 6 of the Act, allowing the Governor-General to adjust the charge rates based on reports from the Australian Apple and Pear Board. The policy objective of these regulations was to provide a transparent and structured method for calculating the export charges, ensuring they are both fair and reflective of the actual volume of fruit being exported.
Scope and Application
The Apple and Pear Export Charges Regulations, made under the Apple and Pear Export Charges Act 1938-1968, apply to all apples and pears exported from the Commonwealth of Australia. The legislation mandates the imposition of export charges on these fruits, which are calculated based on the volume contained in each container, with the charge not exceeding five cents per reputed bushel or part thereof. The charge is determined according to the regulations, which specify a rate of four cents per reputed bushel, or a fraction thereof, for containers with more than one and one-quarter reputed bushels. For smaller quantities, the charge varies according to a specified table, ranging from two cents for containers with up to five-eighths of a reputed bushel to four cents for containers with more than seven-eighths of a reputed bushel. The regulations are applicable nationally, covering all entities and persons involved in the export of apples and pears from Australia. This statutory rule extends the application of the Act through subordinate instruments by detailing specific regulations for calculating the export charges.
Key Provisions
The Apple and Pear Export Charges Regulation 1971, made under the Apple and Pear Export Charges Act 1938-1968, outlines the method for calculating export charges on apples and pears exported from Australia. According to section 4 of the regulation, the charge is four cents per reputed bushel, or part thereof, of apples or pears in a container (section 4(1)). For containers holding not more than one and one-quarter reputed bushels, the charge is determined by a specific table: two cents for up to 5/8ths of a reputed bushel, three cents for more than 5/8ths but not more than 7/8ths, and four cents for more than 7/8ths (section 4(2)).
The regulation imposes obligations on exporters to ensure that the correct export charges are calculated and paid before the apples or pears are exported. Exporters must accurately determine the volume of apples or pears in each container and apply the appropriate charge as specified in the regulation. This involves precise measurement and adherence to the prescribed charge rates to avoid discrepancies. The regulation also mandates that the charges must be paid prior to the exportation of the produce, ensuring that the relevant authorities are compensated for the export of these commodities.
Failure to comply with the charge calculation and payment requirements can result in legal consequences. The regulation does not explicitly detail penalties for non-compliance, but under the Apple and Pear Export Charges Act 1938-1968, there are likely provisions for penalties for non-compliance. Typically, penalties for such breaches may include fines or other civil penalties, which could be enforced by the relevant authorities to ensure adherence to the regulatory requirements.