Apple and Pear Organization Act 1964

Legislation au C1964A00038 Not in force Act

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APPLE AND PEAR, ORGANIZATION.

 

No. 38 of 1964.

An Act relating to the Marketing of Apples and Pears.

[Assented to 28th May, 1964.]

[Date of commencement, 25th June, 1964.]

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 1964.

(2.) The Apple and Pear Organization Act 1938-1960 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 1938-1964.

Australian Apple and Pear Board.

2.—(1.) Section four of the Principal Act is amended—

(a) by omitting from sub-section (3.) the word “Governor-General” and inserting in its stead the word “Minister”; and

(b) by omitting sub-sections (4.) to (15.) (inclusive) and inserting in their stead the following sub-sections:—

“(4.) The members representing the growers in any State (other than the State of Tasmania) shall be growers and shall be elected by a poll of growers taken in the prescribed manner in that State.

“(5.) The members representing growers in a portion of the State of Tasmania shall be growers and shall be appointed on the nomination of the State Fruit Board of that State.

“(6.) Members of the Board shall, subject to this section, hold office for a period of three years, but are eligible for re-appointment or re-election, as the case may be.

“(7.) The Minister may, at any time, remove from office a member referred to in


“(8.) The Minister may, if the State Fruit Board of the State of Tasmania so recommends, remove from office a member referred to in paragraph (b) or (ba) of sub-section (2.) of this section.

“(9.) The Minister may, at any time, if the Board so recommends, remove from office a member referred to in paragraph (c) of sub-section (2.) of this section.

“(10.) The Minister may, at any time, remove from office a member referred to in paragraph (b), (ba) or (e) of sub-section (2.) of this section on the ground of misbehaviour or incapacity.

“(11.) On the occurrence of a vacancy in the office of a member, other than the Government representative, before the expiration of the term of office of the member, the Minister may appoint a person to fill the vacancy, and the person so appointed shall hold office for the residue of that term.

“(12.) Subject to the requirements of this Act in respect of a quorum, the exercise by the Board of its powers and functions under this Act is not affected by reason only of there being a vacancy or vacancies in the membership of the Board.”.

(2.) A person who, immediately before the commencement of this Act, held office as a member of the Australian Apple and Pear Board continues to hold office for the remainder of the term for which he was appointed or elected as if he had been appointed or elected under the Principal Act as amended by this Act.

Deputies of members.

3. Section six of the Principal Act is amended by omitting from sub-section (1.) the word “Governor-General” and inserting in its stead the word “Minister”.

Employment of staff.

4. Section twelve of the Principal Act is amended by omitting sub-section (3.).

5. After section twelve of the Principal Act the following section is inserted:—

Officers’ Rights Declaration Act.

“12a.—(1.) Where a person who is employed by the Board was, immediately before his employment, an officer of the Public Service of the Commonwealth—

(a) he retains his existing and accruing rights;

(b) for the purpose of determining those rights, his service (whether before or after the commencement of this section) as a person employed by the Board shall be taken into account as if it were service in the Public Service of the Commonwealth; and

(c) the Officers’ Rights Declaration Act 1928–1959 applies as if this Act and this section had been specified in the Schedule to that Act.


“(2.) For the purposes of this section, a person who holds office under section eleven of this Act as a representative of the Board overseas shall be deemed to be employed by the Board and, where such a person commenced to hold office before the commencement of this section, he shall be deemed to have been so employed from and including the day on which he commenced to hold office.”.

Power to control export of apples and pears.

6. Section fourteen of the Principal Act is amended—

(a) by omitting sub-sections (1.) and (2.) and inserting in their stead the following sub-sections:—

“(1.) The Board may, at any time during a year, determine the quantity of apples or pears, or both, harvested in all States in that year that may be exported to a particular country or particular countries.

“(2.) Where, in a year, a determination is made under the last preceding sub-section in relation to a country or countries, the Board may, at the same time or at a later time during that year, determine, in respect of each State, the quantity of apples or pears, or both, harvested in the State in that year that may be exported to that country or those countries, but so that the total of the quantities determined under this sub-section equals the quantity specified in the determination under the last preceding sub-section.

“(2a.) The Board shall not exercise its powers under this section in a manner that gives preference to one State or any part of one State over another State or any part of another State.

“(2b.) The Board shall not exercise its powers under the regulations in a manner that is inconsistent with a determination under sub-section (1.) or (2.) of this section.”; and

(b) by omitting sub-sections (7.) and (8.) and inserting in their stead the following sub-sections:—

“(7.) If the members present at a meeting of the Board are unable to arrive at a unanimous decision in respect of any matter arising for determination under sub-section (1.) or (2.) of this section, the Board shall refer the matter to the Minister for determination, and the Minister may make, in respect of the matter, any determination under the relevant sub-section that the Board could lawfully have made.

“(8.) In this section, ‘year’ means a period commencing on the first day of January and ending on the following thirty-first day of December.”.

 

Overview

The Apple and Pear Organization Act 1964 was enacted to amend and update the existing framework governing the marketing of apples and pears in Australia, building upon the Apple and Pear Organization Act 1938-1960. This legislation was passed by the Parliament of Australia and received royal assent on 28th May 1964, with the provisions coming into effect on 25th June 1964. The primary objective of this Act is to establish a more effective and representative governance structure for the Australian Apple and Pear Board, ensuring that the interests of apple and pear growers are adequately represented and managed. This includes provisions for the appointment and election of board members, the control of apple and pear exports, and the retention of employment rights for certain staff members.

Scope and Application

The Apple and Pear Organization Act 1964 amends and extends the scope of the Apple and Pear Organization Act 1938-1960, which it refers to as the Principal Act. This Act applies to the marketing of apples and pears within Australia and involves the establishment and regulation of the Australian Apple and Pear Board. The Board is responsible for making decisions about the export of apples and pears, including determining the quantities that may be exported to specific countries each year, and ensuring that no preference is given to one state over another in these determinations. The Act applies to entities and individuals involved in the growing, marketing, and export of apples and pears, and its provisions are intended to ensure orderly marketing practices and equitable treatment of all parties involved. The Act’s provisions are applicable nationally across all Australian states, with specific mechanisms for member representation and appointment tailored to the unique circumstances of Tasmania. The Act also includes provisions for the continuity of existing Board members during the transition to the new legislative framework and ensures that the rights of public service officers employed by the Board are protected under the Officers’ Rights Declaration Act 1928-1959.

Key Provisions

The Apple and Pear Organization Act 1964 (referred to as the Act) provides for the governance and regulation of the marketing of apples and pears in Australia, amending the existing Apple and Pear Organization Act 1938-1960. The Act introduces several key provisions including changes to the composition, appointment, and responsibilities of the Australian Apple and Pear Board. Section 2 of the Act amends the structure of the Board by altering the method of member appointment and the criteria for their removal, while Section 6 grants the Board the authority to control the export quantities of apples and pears. The Act imposes specific obligations on the Australian Apple and Pear Board, as well as on its members. Under Section 2, the Board members representing growers in states other than Tasmania must be elected by growers in a prescribed manner, while those from Tasmania are appointed by the State Fruit Board. Members can be removed by the Minister under certain conditions, including misbehaviour or incapacity, and they hold office for three-year terms. Section 6a provides the Board with the authority to determine export quantities of apples and pears, ensuring that such decisions do not favour any particular state. Breaches of the Act may lead to various consequences. While the Act itself does not explicitly outline penalties for non-compliance, the regulations and administrative actions under the Act could impose financial penalties or other sanctions on individuals or entities that fail to adhere to the provisions. For instance, acting contrary to the Board's determinations on export quantities could result in legal action or administrative penalties. The severity of these consequences would depend on the specific breach and the subsequent enforcement actions taken by the relevant authorities.

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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.