STATUTORY RULES.
1949. No. 110.
REGULATIONS UNDER THE APPLE AND PEAR ORGANIZATION ACT 1938-1948.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Apple and Pear Organization Act 1938-1948.
Dated this thirtieth day of November, 1949.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce and Agriculture.
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Amendments of the Apple and Pear Organization Regulations.†
Parts.
1. Regulation 2 of the Apple and Pear Organization Regulations is amended—
(a) by omitting the following words:—
“Part II.—Banking.
Part III.—Fees and Expenses.”; and
(b) by omitting the words “Part V.—Licences and Permits.”.
Definitions.
2. Regulation 3 of the Apple and Pear Organization Regulations is amended—
(a) by omitting from sub-regulation (1.) the definitions of “authorized person”, “export”, “licence”, “licensee”, “meeting”, “member” and “permit”;
(b) by omitting from sub-regulation (2.) the word “First”; and
(c) by omitting sub-regulations (3.) and (4.).
Repeal of Part V.
3. Part V. of the Apple and Pear Organization Regulations is repealed.
The Schedule.
4. The Schedules to the Apple and Pear Organization Regulations are amended—
(a) by omitting the words “THE SCHEDULES” and inserting in their stead the words “THE SCHEDULE”;
(b) by omitting the words “FIRST SCHEDULE”; and
(c) by omitting the Second Schedule.
* Notified in the Commonwealth Gazette on , 1949.
† Statutory Rules 1939, No. 125, as amended by Statutory Rules 1940, No. 37; 1942, Nos. 46, 190 and 534; and 1949, Nos. 67 and 74.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5329.—Price 3d. 8/15.11.1949.
Overview
The Apple and Pear Organization Regulations 1949 are statutory rules enacted under the Apple and Pear Organization Act 1938-1948, and they were promulgated to provide regulatory oversight over the apple and pear industries within Australia. This legislative instrument was introduced to address regulatory gaps identified in the administration and management of the apple and pear sectors, ensuring that the industry operates in an orderly and efficient manner. The regulations were made by the Governor-General in Council, under the authority of the Commonwealth of Australia. The objective of these regulations is to streamline and modernise the existing regulatory framework, facilitating better compliance and operational efficiency within the apple and pear industries. The amendments included in these regulations primarily focus on the removal of outdated and redundant parts, such as those related to banking, fees and expenses, and licences and permits, in an effort to consolidate and simplify the regulatory requirements.
Scope and Application
The Apple and Pear Organization Regulations, as amended by Statutory Rules 1949 No. 110, apply to entities and persons involved in the apple and pear industry within the Commonwealth of Australia. The regulations are a subsidiary instrument made under the Apple and Pear Organization Act 1938-1948, thereby extending the scope of the principal Act. This set of regulations specifically targets the administration and organisation of the apple and pear industry, including the removal of certain definitions and the repeal of Part V, which dealt with licences and permits. These changes streamline the regulatory framework by eliminating redundancy and focusing on the essential aspects of industry governance. The regulations impact apple and pear growers, marketers, and other industry stakeholders by simplifying compliance requirements and clarifying the roles and responsibilities within the industry.
Key Provisions
The Apple and Pear Organization Regulations, as amended by Statutory Rules 1949 No. 110, primarily focus on the repeal and modification of previous sections. Regulation 2 removes specific parts of the existing regulations, namely Part II (Banking), Part III (Fees and Expenses), and Part V (Licences and Permits) (reg 2(a)-(b)). Furthermore, Regulation 3 revises the definitions previously included in sub-regulation (1), removing terms such as “authorized person”, “export”, “licence”, “licensee”, “meeting”, and “member” (reg 3(a)). It also eliminates the word “First” and removes sub-regulations (3) and (4) (reg 3(b)-(c)). Regulation 4 repeals Part V of the existing regulations, which likely dealt with licences and permits (reg 4). Lastly, Regulation 5 modifies the schedules by replacing "THE SCHEDULES" with "THE SCHEDULE", removing "FIRST SCHEDULE", and omitting the Second Schedule (reg 5(a)-(c)).
These amendments impose several obligations on parties governed by the Apple and Pear Organization Act 1938-1948. Firstly, the removal of Part II (Banking) and Part III (Fees and Expenses) may require those involved in financial transactions and cost management related to apple and pear organizations to adapt to new or existing provisions in other parts of the Act or separate legislation. The elimination of Part V (Licences and Permits) likely means that new licensing and permit procedures will need to be established, or existing ones will be adjusted to fit the new regulatory framework. Additionally, the removal of specific definitions from Regulation 3 may necessitate a reevaluation of the terms used within the Act to ensure clarity and consistency in its application.
Failure to comply with the Apple and Pear Organization Regulations, as amended by Statutory Rules 1949 No. 110, could result in various legal consequences. While the specific penalties are not detailed in the text, breaches of regulations under the Apple and Pear Organization Act 1938-1948 could lead to both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could involve imprisonment or both fines and imprisonment, depending on the severity of the breach. It is essential for parties governed by the Act to ensure adherence to the amended regulations to avoid such consequences.