Apple and Pear Levy Amendment Act 1984

Overview

The Apple and Pear Levy Amendment Act 1984 was enacted by the Parliament of Australia to amend the Apple and Pear Levy Act 1976. This Act addresses the gap in the definition of "fruit juice" under the Principal Act by expanding its scope to include cider and perry, as well as beverages distilled from fruit. Additionally, the Act introduces an exemption from the levy for pears used by growers in the production of dried fruit. The policy objective of the Act is to refine the scope of the levy to encompass broader applications of apple and pear products, while providing relief to growers involved in the production of dried fruit. The Apple and Pear Levy Amendment Act 1984 came into operation on 1 January 1985, implementing the necessary changes to the existing legislation. By amending the definition of "fruit juice" and introducing an exemption for pears used in dried fruit production, the Act seeks to ensure that the levy accurately reflects the use of apple and pear products while supporting the interests of growers in related sectors.

Scope and Application

The Apple and Pear Levy Amendment Act 1984 modifies the Apple and Pear Levy Act 1976, which imposes a levy on apples and pears. The Act applies to growers, processors, and other persons or entities involved in the sale and distribution of apples and pears within Australia. The amendment primarily concerns the expanded definition of "fruit juice" to include cider, perry, and beverages distilled from fruit, thereby broadening the scope of the levy to cover these products. Geographically, the Act applies across the Commonwealth of Australia, affecting all states and territories. An exemption is introduced whereby growers are not required to pay the levy on pears used or sold for the production of dried fruit. The Act will come into effect on 1 January 1985, and its provisions can be further extended or restricted through subordinate instruments, which may provide additional details or clarifications on the implementation and enforcement of the amended levy.

Key Provisions

The Apple and Pear Levy Amendment Act 1984 primarily serves to modify the Apple and Pear Levy Act 1976. Key provisions include the expansion of the definition of "fruit juice" in section 3 and the introduction of an exemption for pears used in dried fruit production in section 4. Section 3 amends the definition of "fruit juice" by removing the previous definition and replacing it with a new one that includes cider and perry, as well as beverages distilled from fruit. This change broadens the scope of what is considered fruit juice under the legislation, thereby affecting the application of the levy on such products. Section 4 introduces an exemption under section 7 of the Principal Act, stating that no levy is payable for pears sold by growers for use, or used by the growers, in the production of dried fruit. The Act imposes specific obligations on parties subject to its provisions. Growers of apples and pears must ensure that any fruit juice produced or distilled from fruit is included in the levy calculations. Furthermore, those using pears in the production of dried fruit are exempt from the levy on such pears. These obligations necessitate accurate record-keeping and reporting to comply with the levy requirements and exemptions specified in the Act. Breaches of the Apple and Pear Levy Amendment Act 1984 can result in both civil and criminal consequences. While specific offences and penalties are not detailed in the text, the Act implies that non-compliance with levy requirements could be treated as a contravention of the Principal Act. Under the Apple and Pear Levy Act 1976, contraventions typically incur civil penalties. However, the exact nature and maximum penalties for such breaches would be governed by the provisions of the Principal Act, which may include fines and legal action to recover unpaid levies. Additionally, persistent or deliberate non-compliance might be considered more serious, potentially leading to criminal charges with associated penalties such as imprisonment.