Apple and Pear Organization Act 1953

Legislation au C1953A00035 Not in force Act

Legislation content

APPLE AND PEAR ORGANIZATION.

 

No. 35 of 1953.

An Act to amend the Apple and Pear Organization Act 1938-1948.

[Assented to 17th April, 1953.]

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 Organization Act 1953.

(2.) The Apple and Pear Organization Act 1938-1948 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 Organization Act 1938-1953.

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 six of this Act shall come into operation on a date to be fixed by Proclamation.

Executive Committee of Board.

3. Section nine of the Principal Act is amended—

(a) by inserting in sub-section (6.), after the word “fees”, the word “,allowances”; and

(b) by inserting in sub-section (13.), after the word “fees”, the word “,allowances”.


4. Section ten of the Principal Act is repealed and the following section inserted in its stead:—

Salaries, fees, allowances and expenses.

“10.—(1.) Subject to this section, members of the Board and deputies of members shall be paid, in respect of attendance at meetings of the Board or of the Executive Committee of the Board or while engaged (whether in Australia or overseas), with the approval of the Board, on business of the Board, such salaries, fees, allowances and expenses as the Governor-General determines.

“(2.) If a member of the Board or a deputy of a member is also a member of the Parliament of the Commonwealth or of a State, he shall not be paid salary, fees, allowances or expenses under the last preceding sub-section, but shall be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Board or of the Executive Committee of the Board or of his engagement (whether in Australia or overseas), with the approval of the Board, on business of the Board.”.

Overseas representatives.

5. Section eleven of the Principal Act is amended by omitting from sub-section (2.) the words “as are prescribed” and inserting in their stead the words “as the Minister, after a recommendation has been made by the Board, determines”.

6. Section twelve of the Principal Act is repealed and the following section inserted in its stead:—

Employment of staff.

“12.—(1.) Subject to this section, the Board may employ such persons as it thinks necessary to assist the Board in exercising its powers and performing its functions under this Act.

“(2.) The terms and conditions of employment of persons employed under this section shall be such as are determined by the Board with the approval of the Public Service Board.

“(3.) Where a person employed in pursuance of this section was, immediately before he became employed by the Board, an officer of the Public Service of the Commonwealth, his service as a person employed by the Board shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth, and the Officers’ Rights Declaration Act 1928-1953 applies as if this Act and this section had been specified in the Schedule to that Act.”.

7. Section fifteen of the Principal Act is repealed and the following section inserted in its stead:—

Contracts relating to shipment and insurance of apples and pears.

“15.—(1.) A contract for—

(a) the carriage of apples or pears by sea to a place beyond the Commonwealth; or

(b) the insurance of apples or pears to be so carried against loss or deterioration while awaiting transport or in transit or until disposed of,


shall not be made except—

(c) by the Board acting as the agent of the owner of the apples or pears or of another person having authority to export the apples or pears; or

(d) in conformity with conditions approved by the Board.

“(2.) A contract of the kind specified in the last preceding subsection made otherwise than in accordance with this section is void.

“(3.) A Collector of Customs or other officer of Customs may require a person who seeks to export apples or pears from the Commonwealth, on making entry of the apples or pears under the Customs Act 1901-1952 and before the entry has been passed, to satisfy him that the contract for the carriage of the apples or pears is in conformity with conditions approved by the Board, and the Collector or other officer may decline to pass the entry until that person has so satisfied him.”.

Application of moneys paid into Fund.

8. Section nineteen of the Principal Act is amended by omitting paragraphs (b) and (c) and inserting in their stead the following paragraph:—

“(b) in payment of the salaries, fees, allowances and expenses payable under sections nine to twelve (inclusive) of this Act;”.

Moneys in Fund uninvested may be lodged in bank.

9. Section twenty of the Principal Act is amended by omitting the words “Commonwealth Bank,” and inserting in their stead the words “Commonwealth Bank of Australia, or with any other prescribed bank,”.

 

Overview

The Apple and Pear Organization Act 1953 was enacted to amend the Apple and Pear Organization Act 1938-1948, addressing specific administrative and operational gaps in the regulation and organisation of apple and pear trade within and beyond Australia. This legislation was introduced by the Parliament of Australia with the intent to enhance the operational efficiency and governance of the apple and pear industry, ensuring that the trade of these commodities is managed in a way that benefits stakeholders while complying with regulatory standards. The policy objective of the Act is to provide clearer guidelines for the remuneration of board members, the employment of staff, the approval of contracts for the shipment and insurance of apples and pears, and the application of funds within the organization. This Act establishes provisions for the payment of salaries, fees, allowances, and expenses to board members and deputies, differentiating between members who are also members of Parliament and those who are not. It also outlines the process for the employment of necessary staff, the determination of their terms and conditions of employment, and the handling of contracts related to the shipment and insurance of apples and pears. Additionally, it specifies how moneys paid into the organization's fund should be applied, including the conditions under which uninvested moneys may be lodged in a bank. This legislative framework ensures that the Apple and Pear Organization operates with financial transparency and accountability.

Scope and Application

The Apple and Pear Organization Act 1953 amends the Apple and Pear Organization Act 1938-1948 to provide updated provisions concerning the remuneration, employment, and operations of the Board of the Apple and Pear Organization. The Act applies to the Board of the Apple and Pear Organization and its members, as well as to individuals and entities involved in the carriage and insurance of apples and pears for export beyond the Commonwealth. It operates within the Commonwealth jurisdiction. The Act specifies that members of the Board and their deputies, excluding those who are also members of Parliament, are entitled to salaries, fees, allowances, and expenses for their services, subject to the Governor-General's determination. The Board is empowered to employ staff necessary for its functions, with terms and conditions approved by the Public Service Board. The Act also regulates contracts for the carriage and insurance of apples and pears for export, requiring these to be made by the Board or in conformity with approved conditions, with non-compliant contracts deemed void. Additionally, the Act modifies the application of moneys paid into the Apple and Pear Fund and allows for the lodging of uninvested funds in banks other than the Commonwealth Bank of Australia.

Key Provisions

The Apple and Pear Organization Act 1953 makes several amendments to the Apple and Pear Organization Act 1938-1948, which is now referred to as the Principal Act. The Act introduces changes to the compensation and staffing provisions, along with regulations regarding the shipment and insurance of apples and pears. The operative sections of this Act include the establishment of a new Executive Committee of the Board (section 3), the introduction of allowances alongside salaries and fees (section 4), the revision of the employment provisions (section 6), the updating of the conditions for contracts concerning the shipment and insurance of apples and pears (section 7), and the modification of the application of funds and banking provisions (sections 8 and 9). The Act imposes specific obligations on the Board, such as the determination of salaries, fees, allowances, and expenses for its members and deputies, subject to certain conditions (section 4). Additionally, the Board is tasked with employing necessary staff to assist in exercising its powers and functions, with terms and conditions of employment determined by the Board with the approval of the Public Service Board (section 6). The Board also has the authority to determine the conditions for contracts related to the shipment and insurance of apples and pears (section 7). Furthermore, the Act mandates the application of moneys paid into the Fund specifically for the payment of salaries, fees, allowances, and expenses under certain sections of the Act (section 8). Breach of the provisions regarding contracts for the carriage and insurance of apples and pears can result in significant consequences. Contracts made in violation of the Act are declared void (section 7(2)), and customs officers have the authority to decline to pass entry for apples or pears if the contract for their carriage does not conform to the approved conditions (section 7(3)). Although the Act does not explicitly state penalties for these breaches, the voidness of non-compliant contracts and the potential refusal to pass customs entry can be considered substantial consequences for non-compliance.

Legal classification tags

Area of Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Salaries, fees, allowances and expenses
Regulatory Standards
Contracts relating to shipment and insurance of apples and pears

Interactions

Authorises

All Versions

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.