Apple and Pear Stabilization Act 1973
No. 195 of 1973
AN ACT
To amend the Apple and Pear Stabilization Act 1971–1972 in relation to the Australian Apple and Pear Board and the Australian Apple and Pear Corporation.
[Assented to 17 December 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Apple and Pear Stabilization Act 1973.
(2) The Apple and Pear Stabilization Act 1971–1972 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 Stabilization Act 1971–1973.
Commencement
2. This Act shall come into operation on a date to be fixed by Proclamation.
Interpretation.
3. Section 3 of the Principal Act is amended—
(a) by inserting in sub-section (1), after the definition of “container”, the following definition:—
“‘Corporation’ means the Australian Apple and Pear Corporation established by the Australian Apple and Pear Corporation Act 1973;”; and
(b) by omitting from sub-section (1) the definition of “the Board”.
Average export return.
4. Section 6 of the Principal Act is amended by omitting from sub-section (5) the word “Board” and substituting the word “Corporation”.
Payment of stabilization payments to the Corporation for distribution.
5. Section 14 of the Principal Act is amended by omitting the word “Board” (wherever occurring) and substituting the word “Corporation”.
Payments to exporter for payment to owner.
6. Section 15 of the Principal Act is amended by omitting the word “Board” (wherever occurring) and substituting the word “Corporation”.
Directions by Minister with respect to overseas price of fruit.
7. Section 18 of the Principal Act is amended—
(a) by omitting the words “Apple and Pear Organization Act 1938—1971” and substituting the words “Australian Apple and Pear Corporation Act 1973”; and
(b) by omitting the word “Board” (wherever occurring) and substituting the word “Corporation”.
Overview
The Apple and Pear Stabilization Act 1973 was enacted to amend the Apple and Pear Stabilization Act 1971–1972, primarily addressing issues related to the Australian Apple and Pear Board and the Australian Apple and Pear Corporation. This Act was assented to on 17 December 1973 by the Queen, the Senate, and the House of Representatives of Australia, reflecting its legislative authority. The Act’s purpose was to streamline the administration and distribution of stabilization payments by replacing references to the Board with the Corporation, thereby ensuring more efficient management of apple and pear exports. This legislative change aimed to enhance the stability and effectiveness of the fruit export market by updating the roles and responsibilities within the regulatory framework.
Scope and Application
The Apple and Pear Stabilization Act 1973 applies to the entities involved in the production and export of apples and pears in Australia, primarily the Australian Apple and Pear Corporation as established by the Australian Apple and Pear Corporation Act 1973. The Act serves to amend the previous Apple and Pear Stabilization Act 1971–1972, effectively replacing the Australian Apple and Pear Board with the Australian Apple and Pear Corporation in the administration of the stabilization schemes for apple and pear exports. The Act's amendments focus on the substitution of references to the Board with the Corporation throughout the legislation, thereby adjusting the institutional framework responsible for the stabilization payments and the oversight of export activities. The Act has a national jurisdictional reach, applying across Australia, and its provisions extend to any related conduct, transactions, or industry activities within the apple and pear sectors. The Act does not specify any exclusions, exemptions, or thresholds, and its application is not extended or restricted by subordinate instruments, as the changes are comprehensively addressed within the main body of the Act itself.
Key Provisions
The Apple and Pear Stabilization Act 1973, No. 195 of 1973 (the "Act"), amends the Apple and Pear Stabilization Act 1971–1972 (the "Principal Act") in relation to the Australian Apple and Pear Board and the Australian Apple and Pear Corporation. Key sections of the Act include the definition of the Corporation (s. 3), the amendment of the average export return (s. 4), and the substitution of the Corporation for the Board in various sections of the Principal Act (ss. 5, 6, 7). The Act effectively replaces references to the Board with references to the Corporation throughout the Principal Act, thereby transferring responsibilities from the Board to the Corporation.
The Act imposes several obligations and requirements on the Australian Apple and Pear Corporation, including the administration of stabilization payments to exporters for distribution to fruit owners (s. 5). The Corporation is also responsible for making payments directly to exporters for onward distribution (s. 6). Additionally, the Minister retains the authority to issue directions regarding the overseas price of fruit, now under the Corporation’s purview (s. 7). These changes streamline the administrative process by consolidating authority within a single entity, the Corporation.
Breaches of the provisions outlined in the Act may result in various consequences. While the specific offences and penalties are not detailed within the excerpted sections, under Australian law, violations of statutory provisions can lead to civil penalties, fines, or even criminal charges, depending on the nature and severity of the breach. For example, non-compliance with payment obligations could result in financial penalties, and deliberate or negligent actions might lead to criminal prosecution. The maximum penalties would depend on the specific breach and the applicable laws governing such infractions.