Apple and Pear Stabilization Amendment Act (No. 2) 1977

Overview

The Apple and Pear Stabilization Amendment Act (No. 2) 1977 was enacted to make amendments to the Apple and Pear Stabilization Act 1971, primarily extending the duration of seasons to which the Act applies and the timing for stabilization payments. This Act was enacted by the Queen, in accordance with the authority of the Senate and House of Representatives of the Commonwealth of Australia. The primary problem or gap this Act addresses is the need to adjust the timeframes for the implementation and effectiveness of stabilization measures within the apple and pear industries, presumably to better align with market conditions or to provide more extended support to growers. The policy objective behind this legislation is to provide a more flexible and responsive approach to stabilizing the apple and pear industries by allowing for extended periods of stabilization measures. By amending the Principal Act, the legislation seeks to ensure that the stabilization payments and other provisions can be applied over a longer duration, thereby offering greater security and predictability to the industry stakeholders. This amendment reflects a considered response to the evolving needs of the apple and pear sectors, aiming to support growers during periods of economic uncertainty or market volatility.

Scope and Application

The Apple and Pear Stabilization Amendment Act (No. 2) 1977 amends the Apple and Pear Stabilization Act 1971, extending its scope to cover the next seven seasons from the date of the amendment, as opposed to the previously stipulated six seasons. This Act applies to persons and entities involved in the apple and pear industries, including growers, processors, and marketers, by establishing and adjusting stabilization payments to maintain market stability. The jurisdictional reach of this Act is national, applying throughout the Commonwealth of Australia. It does not specify any exclusions or exemptions, nor does it mention any thresholds that would limit its application to particular levels of production or economic impact. The Act allows for the extension or restriction of its application through subordinate instruments, which may provide further detail on the administration and implementation of the stabilization measures outlined in the principal Act.

Key Provisions

The Apple and Pear Stabilization Amendment Act (No. 2) 1977 introduces several key amendments to the Apple and Pear Stabilization Act 1971. Firstly, section 3 extends the period of application of the Act by modifying section 5 of the Principal Act, changing the duration from "the next 6 succeeding seasons" to "the next 7 succeeding seasons". This amendment ensures that the provisions of the Act remain in effect for an additional season, thereby providing continued support and stability to apple and pear growers for a longer period. In addition to the extended period of application, the Act also modifies the timing of stabilization payments as outlined in section 4. Under the amended section 10 of the Principal Act, stabilization payments can now be made for either of the next two succeeding seasons, rather than being restricted to the next succeeding season. This change provides greater flexibility in managing financial support for apple and pear growers, allowing for more timely and effective assistance. Furthermore, section 5 of the Act amends section 11 of the Principal Act, adjusting the rate of stabilization payments to be applicable for either of the next two succeeding seasons instead of the next succeeding season. This change ensures that the financial support provided to growers is more adaptable to the fluctuating demands of the market and helps in maintaining stability in the industry. The Act imposes several obligations and requirements on the parties it governs. For instance, it requires compliance with the extended duration of the Act's application and the altered timelines for stabilization payments. Growers and other stakeholders must adhere to these changes to benefit from the financial support mechanisms established under the Act. Additionally, the government and relevant authorities must ensure that the payments are made within the new timelines to support the industry effectively. Breaching the provisions of the Apple and Pear Stabilization Amendment Act (No. 2) 1977 may result in various consequences. While the Act itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach, any non-compliance with the amended provisions could potentially lead to legal actions under the Principal Act or other relevant legislation. Failure to adhere to the timelines and requirements for stabilization payments could result in disputes, financial repercussions, or legal actions against the parties involved. The maximum penalties for such breaches would depend on the specific laws under which the actions are pursued.