Apple and Pear Organization Regulations

Legislation au C1939L00124 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 124.

REGULATIONS UNDER THE APPLE AND PEAR ORGANIZATION ACT 1938.*

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.

Dated this Eighteenth day of October, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command.

Minister of State for Commerce.

Apple and pear organization regulations.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Apple and Pear Organization Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Banking.

Part III.—Fees and Expenses.

Part IV.—Staff.

Definitions.

3.—(1.) In these Regulations, unless the contrary intention appears—

meeting” means a meeting of the Board or of the Executive Committee;

“member” means any member of the Board and includes any deputy of a member whilst “acting as such;

“officer” means a person appointed in pursuance of section 12 of the Act;

“the Act” means the Apple and, Pear Organization Act 1938;

“the Secretary” means the Secretary to the Board, and includes any person for the time being acting as Secretary to the Board.

(2.) In these Regulations, any reference to a Table shall be read as a reference to a Table contained in the Schedule to these Regulations.

Part II.—Banking.

Signing of cheques.

4. Cheques drawn on any account referred to in section twenty of the Act shall be signed by the Chairman or by two other members of the Board and shall be countersigned by the Secretary.

* Notified in the Commonwealth Gazette on , 1939.

4103.—8/6.9.1939.—Price 3d.

Part iii.—fees and expenses.

Application of Part.

5. This Part shall not apply to any member of the Board or deputy of a member of the Board who is a member of the Parliament of the Commonwealth or of a State.

Fees of Chairman.

6. The Chairman of the Board shall be entitled to receive a fee of Three pounds three shillings for each day upon which he attends a meeting or is engaged on such business of the Board as the Board determines.

Fees of members.

7.—(1.) A member (other than the Chairman) shall be entitled to receive a fee of One pound eleven shillings and sixpence per day for attendance at meetings or whilst engaged on such business of the Board as the Board determines.

(2.) For the purposes of sub-regulation (1.) of this regulation, a member shall be deemed to be attending a meeting, or to be engaged on such business of the Board as the Board determines, during such time as he is necessarily absent from home for the purpose of attending that meeting or of engaging on that business.

Travelling expenses.

8.—(1.) Where a member is absent from his home overnight in connexion with attendance at any meeting, or whilst engaged on such business of the Board as the Board determines, he shall be entitled to receive an allowance of One pound ten shillings per day to cover expenses incurred whilst so absent.

(2.) In addition to the allowance specified in sub-regulation (1.) of this regulation, a member shall be reimbursed the return fares by public conveyance by road, rail, sea or air, from his home to the place where the meeting is held or the business transacted.

Method of calculating allowances.

9. For the purposes of regulations 7 and 8 of these Regulations, where a member attends a meeting, or is engaged on such business of the Board as the Board determines, for portion of a day prior to or after twelve o’clock noon, or where the absence overnight of a member includes such a portion, the member shall be entitled to payment therefor of an amount equal to one-half of the amount payable for a whole day.

Part IV.—Staff.

Appointment of officers to be during pleasure.

10. Officers shall hold office during the pleasure of the Board, subject to good behaviour and compliance with these Regulations.

Salaries of Officers.

11.—(1.) An officer appointed, transferred or promoted by the Board to an office specified in Table A shall, subject to this regulation, be paid the minimum salary set out in that Table opposite to that office, or such higher salary (not exceeding the maximum salary so set out) as the Board determines.

(2.) Such increments of salary (if any) as the Board determines shall be paid to officers, but so that the annual salary of an officer shall not exceed the maximum salary set out in Table A opposite to the office occupied by that officer.

Office hours.

12.—(1.) Subject to sub-regulation (2.) of this regulation, the hours of attendance to be observed by officers shall, subject to these Regulations, be—

(a) on days other than Saturdays—from nine o’clock in the morning to five o’clock in the afternoon, with an interval for luncheon of one hour; and

(b) on Saturdays—from nine o’clock in the morning to twelve o’clock noon.

(2.) Where the nature of the duties of an officer does not permit his attendance during the hours prescribed by the last preceding sub-regulation, the hours of attendance of that officer shall be as determined by the Board.

Duty after office hours.

13. The Secretary may, whenever necessary, require an officer to perform work after the usual hours.

Overtime.

14.—(1.) The Secretary may, if satisfied as to the necessity therefor, authorize the working of overtime by officers.

(2.) Overtime shall be recorded and shall be paid for subject to, and in accordance with, the provisions of these Regulations.

(3.) The hourly rate of overtime shall be based on time and a half, and shall be calculated in accordance with the following formula:—

(4.) The minimum rate of payment for overtime shall be one shilling per hour.

(5.) Payment for overtime shall be made in respect of time worked in excess of forty-four hours per week, and shall be calculated to the nearest quarter of an hour of the total time so worked.

(6.) Officers in receipt of salary exceeding £450 per annum shall not be entitled to receive payment for overtime.

Meal allowance.

15. Where an officer is required to remain on duty after six o’clock in the afternoon and is not paid overtime in respect thereof, he shall be granted a meal allowance of Three shillings if that attendance necessitates his obtaining a meal away from home.

Absence from duty during office hours.

16.—(1.) Except by express permission of the Secretary, an officer shall not absent himself from his office during office hours.

(2.) Where the Secretary permits an officer to absent himself from his office during office hours, the Secretary may grant leave, either with or without pay, in respect of that absence.

Recreation leave.

17. The Board may grant recreation leave to an officer on the completion of each period of twelve months’ employment, for any period or periods not being in the aggregate less than twelve working days, or more than eighteen working days, in respect of any period of twelve months.

Absence from duty in case of illness or emergency.

18.—(1.) If an officer is prevented by illness or other emergency from attending his duty, he shall immediately report the fact to the Secretary.

(2.) Where an officer is prevented from attending his duty on account of illness, the Board may, on production of satisfactory medical evidence, grant to that officer leave of absence, with pay, for such period as the Board determines.

(3.) Where an officer is prevented from attending his duty on account of illness, and is unable to produce satisfactory medical evidence, the Board may grant to that officer leave of absence, without pay, for such period as the Board determines.

Rate of travelling allowance.

19. Officers who are required to travel on the business of the Board—

(a) shall be paid travelling allowance in accordance with Table B; and

(b) shall be allowed first-class rail or steamer fares, or, if the Board approves of the use of a private motor car, the officer shall be paid an allowance in accordance with the rates fixed by the Commonwealth Public Service Regulations for the time being in force.

Secretary to report to Board as to certain matters.

20. The Secretary shall report to the Board, whenever the necessity arises, any alterations which, in his opinion, are necessary or expedient for the more economical, efficient or convenient working of his office, and any alterations which, in his opinion, are necessary in the salaries or allowances of officers, and shall bring under the notice of the Board any matter in relation to an officer, or to the working of his office, with which he thinks it desirable that the Board should be acquainted.

THE SCHEDULE.

Table A. Reg. 11.

Office.	Annual Salary.
	Minimum.			Maximum.
	£			£
Secretary to the Board.......................................	700			900
Assistant Secretary to the Board.................................	150			250
Technical Adviser..........................................	300			450
Clerk..................................................	180			420
Typist and Shorthand writer (Female)—
Adult............................................	130			240
Under 21 years......................................	65			130
Messenger...............................................	52			104
Table B. Reg. 19.
Office.		Travelling Allowance— Rate per day calculated from the time of departure to time of return inclusive.
		£	s.		d.
Secretary to the Board.......................................		1	10		0
Other officers of the Board....................................		1	5		0

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Apple and Pear Organization Regulations 1939 were enacted to provide detailed operational guidelines under the Apple and Pear Organization Act 1938. The Act itself was introduced to address the need for coordinated efforts in the apple and pear industries, aiming to enhance production, marketing, and distribution efficiencies. These Regulations, made by the Governor-General acting on the advice of the Federal Executive Council, cover various administrative aspects such as banking, fees, expenses, and staff management within the organization. The policy objective behind these Regulations is to ensure the smooth functioning of the Board by establishing clear protocols for financial transactions, remuneration, and operational standards, thereby supporting the overarching goals of the Act in regulating and improving the apple and pear industries.

Scope and Application

The Apple and Pear Organization Regulations, made under the Apple and Pear Organization Act 1938, apply to the members of the Board, the officers, and the staff of the Apple and Pear Organization. These regulations encompass aspects such as the signing of cheques, fees and expenses, and the conditions of service for staff, all aimed at ensuring the efficient and effective operation of the organization. The scope of these regulations is primarily within the Commonwealth of Australia, as they are made by the Governor-General in accordance with the federal legislation. There are specific exclusions such as members of the Board who are also members of Parliament not being subject to the fees and expenses provisions. The application of these regulations can be extended or restricted through subordinate instruments, allowing for adjustments to banking practices, fees, and staff conditions as necessary.

Key Provisions

The Apple and Pear Organization Regulations, made under the Apple and Pear Organization Act 1938, provide detailed provisions for the administration and operation of the Apple and Pear Organization. These regulations are divided into several parts, including preliminary provisions, banking, fees and expenses, and staff regulations. Section 1 of the regulations outlines the citation and division of the document into different parts. The definitions section (section 3) clarifies terms used throughout the regulations, such as "member," "officer," and "the Act." The banking section (section 4) specifies that cheques drawn on accounts related to the Act must be signed by the Chairman or two other Board members and countersigned by the Secretary. This ensures that financial transactions are properly authorised and recorded. The fees and expenses section (sections 5-9) details the remuneration and allowances for Board members and officers. For instance, the Chairman is entitled to a fee of £3.3s per day for attending meetings or conducting Board business (section 6). Members other than the Chairman are entitled to a fee of £1.11.6s per day (section 7). Additionally, members who are absent from home overnight for Board business are entitled to an allowance of £1.10s per day (section 8). These provisions ensure that Board members are appropriately compensated for their time and expenses incurred in performing their duties. The staff section (sections 10-20) governs the appointment, salaries, and working conditions of officers. Officers are appointed during the pleasure of the Board (section 10) and must comply with the regulations. Salaries are specified in Table A, with a minimum and maximum salary set out for each office (section 11). Officers are required to observe specific office hours, with an interval for luncheon on weekdays and different hours on Saturdays (section 12). The Secretary has the authority to require officers to work after hours or perform overtime, which must be paid at a rate of time and a half (section 14). Officers who work after six in the evening without overtime pay are entitled to a meal allowance of 3s (section 15). Absence from duty during office hours is generally prohibited unless expressly permitted by the Secretary (section 16). The Board can grant recreation leave and leave of absence with or without pay in cases of illness or emergency (sections 17-18). Officers travelling on Board business are entitled to a travelling allowance as per Table B (section 19). The Secretary is required to report to the Board on any necessary alterations to office workings or officer salaries (section 20). Failure to comply with the provisions of these regulations may result in various consequences. While the regulations do not explicitly detail offences or penalties, breaches of financial controls or unauthorised actions could potentially lead to disciplinary measures or legal action under the overarching Apple and Pear Organization Act 1938. Non-compliance with financial or procedural requirements could also have administrative or reputational consequences for the Board and its members.

Area of Law: Commercial Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Fees and Expenses; Compliance Obligations

Interactions

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.

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