Apple and Pear Stabilization Act 1972

Overview

The Apple and Pear Stabilization Act 1972 was enacted to amend section 11 of the Apple and Pear Stabilization Act 1971, addressing a specific issue regarding the rate of stabilization payments for fruit picked during a particular season. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia with the intent to modify the existing legislation to ensure that the stabilization payments made for fruit exported and sold during the specified season do not exceed a certain rate. The amendment was designed to provide clearer guidelines on the maximum allowable stabilization payment for the relevant season, thereby aiming to stabilise the market and protect both producers and consumers within the apple and pear industry.

Scope and Application

The Apple and Pear Stabilization Act 1972 applies to entities involved in the picking, exportation, and sale of apples and pears within the specified season outlined in the Act. The legislation amends the previous Apple and Pear Stabilization Act 1971 to adjust the rate of stabilization payments for fruit picked during the season commencing on 1 October 1971, ensuring that the payments do not exceed a specified amount per reputed bushel. This Act operates under the Commonwealth jurisdiction, meaning it applies nationally across Australia. There are no exclusions or exemptions explicitly stated in the text, and the application of the Act is not extended or restricted through subordinate instruments. Instead, the Act sets a clear threshold for the maximum stabilization payment rate based on the number of reputed bushels of fruit exported and sold within the designated season.

Key Provisions

The Apple and Pear Stabilization Act 1972 primarily amends section 11 of the Apple and Pear Stabilization Act 1971, introducing new criteria for determining the rate of stabilization payments for fruit picked during a specific season. Section 3(a) modifies the original sub-section (2) by adding a condition that stabilization payments must not be made in respect of fruit picked during the season detailed in sub-section (2a). Section 3(b) then introduces a new sub-section (2a) that sets a cap on the stabilization payment rate for fruit picked during the season that began on October 1, 1971. This cap is defined as either 80 cents per reputed bushel or a lesser amount derived from a formula that multiplies 80 by 4,900,000 and then divides by the total number of reputed bushels exported and sold before the end of that season. The Act imposes specific obligations on parties involved in the apple and pear industry, particularly those responsible for the export and sale of fruit during the specified season. It requires these parties to adhere to the new rate limits set out in section 3(2a), ensuring that any stabilization payments made do not exceed the calculated amount based on the number of bushels exported and sold. Compliance with these provisions is necessary to ensure that the stabilization payments are fairly distributed and do not exceed the prescribed limits. Failure to comply with the new rate limits set by the Act may result in legal consequences. The Act does not explicitly outline the penalties for non-compliance; however, under the general legal principles of Australia, breaches of statutory provisions can lead to civil or criminal penalties, depending on the severity and intent of the breach. Civil penalties might include fines or corrective actions, while criminal penalties could potentially involve imprisonment, especially if the breach is deemed willful or negligent. The exact penalties would depend on the specific circumstances of the breach and the interpretation by the relevant authorities.