Apple and Pear Stabilization Amendment Act 1977

Overview

The Apple and Pear Stabilization Amendment Act 1977 was enacted to amend the Apple and Pear Stabilization Act 1971, addressing specific issues within the apple and pear industry's stabilisation framework. This legislation was introduced by the Queen, in accordance with the authority of the Senate and House of Representatives of the Commonwealth of Australia. One of the key policy objectives is to provide adjustments to the definitions and application of stabilisation payments to ensure the apple and pear industries can maintain stability and support growers during periods of price volatility. The Act modifies several aspects of the original legislation, including the definition of terms such as "reputed box," the application period, and the mechanism for calculating and administering stabilisation payments, thereby providing a more responsive and effective support structure for the industry. The Act further extends the scope of stabilisation payments to cover additional seasons and introduces the possibility of advances on stabilisation payments, allowing for more flexible financial support for growers. This amendment reflects a commitment to ensuring that the apple and pear industries have the necessary tools to manage economic uncertainties and maintain sustainable production levels. The specific changes include updating the weight definitions for apples and pears, extending the application period, and providing clearer guidelines for the calculation and administration of payments, all aimed at enhancing the effectiveness and fairness of the stabilisation system.

Scope and Application

The Apple and Pear Stabilization Amendment Act 1977 applies to the fruit industry, specifically targeting apple and pear growers who are engaged in the production and stabilisation of these commodities within the Commonwealth of Australia. The Act amends the Apple and Pear Stabilization Act 1971 to update definitions, extend the duration of the application period, and modify certain payment terms. The changes include redefining the terms "reputed box" and "stabilization payment" and replacing the unit "bushels" with "boxes". The amendment also extends the period over which the Act applies from the next five to the next six succeeding seasons. This Act applies to all persons and entities involved in the production and export of apples and pears in Australia, thereby impacting the entire supply chain. The legislation provides a clear framework for the calculation of stabilization payments and includes provisions for the repayment of advances if the actual stabilization payment is less than the amount advanced. The Act's provisions are enforced across the Commonwealth and can be extended or modified through subordinate instruments as necessary.

Key Provisions

The Apple and Pear Stabilization Amendment Act 1977 (the "Act") makes several key amendments to the Apple and Pear Stabilization Act 1971 (the "Principal Act"). Section 1(1) of the Act allows it to be cited as the Apple and Pear Stabilization Amendment Act 1977, while section 1(2) refers to the Principal Act as the "Principal Act" within the text of this Act. Section 2(1) states that the Act will come into operation on the day it receives Royal Assent, with certain provisions (section 3(c), section 5 and paragraphs 7(a) and (b)) coming into operation on 2 June 1976. The amendments primarily concern the definition of certain terms, the application period, and the calculation of stabilization payments. The Act imposes certain obligations and requirements on the parties it governs. For example, section 3(a) amends the definition of "reputed box" to mean 18 kilograms in relation to apples and 20 kilograms in relation to pears. Section 3(b) amends the definition of "stabilization payment" to include an advance under section 13a in respect of a stabilization payment, except in sections 10 and 11. Section 5 extends the period to which the Act applies from the next 5 succeeding seasons to the next 6 succeeding seasons. Section 6 amends the calculation of average export return by substituting the word "boxes" for "bushels" in paragraph (c) of subsection (2). Failure to comply with the provisions of the Act may result in civil or criminal consequences. For instance, section 13a(3) states that a person who has received an amount by way of an advance or advances in respect of a stabilization payment, and the stabilization payment does not become payable or is less than the amount received, is liable to repay the amount received or the excess amount, as the case may be, to the Commonwealth upon demand by the Treasurer. Section 13a(4) further states that the amount payable by a person to the Commonwealth under subsection (3) is recoverable by the Commonwealth from the person in a court of competent jurisdiction as a debt due to the Commonwealth. The Act does not specify maximum penalties for breaches, but civil or criminal penalties may be imposed depending on the nature and severity of the breach.