Apple and Pear Levy Amendment Act 1981
No. 146 of 1981
An Act to amend the Apple and Pear Levy Act 1976
[Assented to 21 October 1981]
[Date of commencement 18 November 1981]
BE IT ENACTED by the Queen and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Apple and Pear Levy Amendment Act 1981.
(2) The Apple and Pear Levy Act 19761 is in this Act referred to as the Principal Act.
Interpretation
2. (1) Section 4 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:
“(2) In the application of this Act to fruit that is not packed in boxes, a reference to a box of fruit shall be read as a reference to 18 kilograms of fruit or, if the fruit is of a variety in respect of which another weight is specified in the regulations for the purposes of this sub-section, that other weight of fruit.”.
(2) The amendment made by sub-section (1) does not apply in relation to fruit sold by the grower in a month commencing before 1 January 1982.
Rate of levy
3. Section 6 of the Principal Act is amended—
(a) by omitting from paragraph (2) (a) “60 cents” and substituting “$1.50”;
(b) by omitting from paragraph (2) (b) “$1.40” and substituting “$3.60”; and
(c) by omitting from paragraph (2) (c) “6 cents” and substituting “12 cents”.
NOTE
1. No. 195, 1976.
Overview
The Apple and Pear Levy Amendment Act 1981 was enacted by the Commonwealth Parliament to amend the Apple and Pear Levy Act 1976. This Act aimed to address discrepancies and update the rates of the levy imposed on apples and pears, ensuring that the regulatory framework remained relevant and effective in its application. The principal objective of the amendment was to adjust the financial burden on growers in line with prevailing economic conditions and to provide a more accurate basis for levying based on the weight of fruit, particularly for those not packed in boxes. The changes included modifying the rate of levy to better reflect current market values and ensuring that the legislative definitions were precise and applicable to all forms of fruit presentation. This legislative action underscores the government’s commitment to maintaining fair and equitable practices within the agricultural sector.
Scope and Application
The Apple and Pear Levy Amendment Act 1981 applies to all persons and entities involved in the sale of apples and pears in Australia, amending the existing Apple and Pear Levy Act 1976. This amendment specifically affects the levy rates and the interpretation of terms such as the weight of fruit, excluding fruit sold by growers in a month commencing before 1 January 1982. The Act applies across the Commonwealth of Australia, impacting the fruit industry nationwide. The changes in levy rates, as detailed in the Act, increase the financial contributions from the sale of apples and pears, which may be subject to further interpretation and specification through subordinate instruments or regulations.
Key Provisions
The Apple and Pear Levy Amendment Act 1981 (sections 1 to 3) modifies the Apple and Pear Levy Act 1976. This amendment primarily involves the adjustment of certain levies and the interpretation of terms used in the original Act. Under section 2, the definition of what constitutes a "box of fruit" has been altered to clarify that for fruit not packed in boxes, a reference to a box should be understood as 18 kilograms of fruit, or another specified weight if the fruit variety has a different regulation. However, this amendment does not apply to fruit sold by the grower in a month starting before 1 January 1982.
The Act imposes specific obligations on parties governed by it, particularly those involved in the apple and pear industry. These obligations include adhering to the newly defined measurements for the levy calculation and ensuring compliance with the adjusted levy rates. Section 3 of the Act clearly states the new rates for the levies, which must now be applied to the produce.
For breaches of the provisions outlined in the Apple and Pear Levy Amendment Act 1981, there are potential civil or criminal consequences. While the Act does not explicitly state penalties, non-compliance with amended levy rates or incorrect application of the weight definitions could lead to legal action. The consequences might include fines or other penalties as determined by the courts, reflecting the seriousness of adhering to legislative requirements in agricultural levies.