Apple and Pear Stabilization Export Duty Act 1971

Overview

The Apple and Pear Stabilization Export Duty Act 1971 was enacted to address fluctuations in the export returns of apples and pears, ensuring a stable income for growers by imposing an export duty when average export returns exceed a specified support price. The Act was passed by the Parliament of Australia and received Royal Assent on 20 October 1971, thereby coming into operation on the same day. The policy objective behind this Act was to stabilise the export market for apples and pears, thereby protecting growers from the volatility of international market prices. The Export Duty Collection Act is read in conjunction with this Act to facilitate the collection of the imposed duties. Additionally, the Act binds the Crown in right of a State, ensuring that the government itself is subject to the provisions of the Act. The imposition of export duty is contingent on the average export return for a particular season exceeding the support price for that season and variety, with the rate of duty varying based on the extent of the excess over the support price.

Scope and Application

The Apple and Pear Stabilization Export Duty Act 1971 applies to the exportation of apples and pears from Australia. It imposes an export duty on consignments of these fruits during a season if the average export return for that season and variety exceeds the support price for that season. The Act applies to the Crown in right of a State, meaning it is binding on the government as well as private entities and individuals involved in the export of apples and pears. The Act extends across the Commonwealth of Australia, covering all states and territories, and is not restricted by geographic boundaries within the country. The rate of export duty is calculated based on the excess of the average export return over the support price for the season and variety of fruit, with varying rates depending on the magnitude of this excess. Any export duty is payable by the exporter of the fruit, though there is an exemption if the fruit is not sold after export before the end of the season. The Act also provides for the imposition of a provisional export duty to secure collection, as outlined in the Export Duty Collection Act, which is read in conjunction with this Act for interpretation purposes.

Key Provisions

The Apple and Pear Stabilization Export Duty Act 1971 (sections 1-10) establishes the framework for imposing an export duty on the exportation of certain apples and pears from Australia. Under Section 6, an export duty is imposed when the average export return for a season exceeds the support price for that season for a particular variety of fruit. The rate of export duty is calculated based on the excess amount over the support price, as outlined in Section 7. Specifically, the duty varies depending on the extent of the excess, with rates ranging from a quarter of the excess to a maximum of eighty cents per reputed bushel (section 7(2)). The duty must be paid by the exporter (section 8) and is not applicable if the fruit is not sold after export before the end of the season (section 9). The Act also mandates that the Export Duty Collection Act be read in conjunction with this Act for interpretation purposes (sections 3 and 4). It binds the Crown in right of a State (section 5) and provides for the imposition of a provisional export duty to ensure collection (section 10). The obligations under this Act primarily fall on the exporters of the specified fruit, requiring them to calculate and pay the export duty based on the rates and conditions stipulated. Failure to comply with these provisions may lead to civil consequences as outlined in the Export Duty Collection Act. Breaches of the Act can result in penalties and consequences, although the specific details are governed by the Export Duty Collection Act. The Act itself does not explicitly state the maximum penalties for non-compliance, but it is understood that such breaches can lead to financial penalties and other civil or administrative actions as prescribed by the Export Duty Collection Act. The overarching aim of the Act is to stabilize the apple and pear export market by regulating the export duty based on the prevailing market conditions and support prices.