APPLE AND PEAR STABILIZATION EXPORT DUTY COLLECTION AMENDMENT ACT 1976
No. 46 of 1976
An Act to amend the Apple and Pear Stabilization Export Duty Collection Act 1971-1973.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Apple and Pear Stabilization Export Duty Collection Amendment Act 1976.
(2) The Apple and Pear Stabilization Export Duty Collection Act 1971-1973 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 Export Duty Collection Act 1971-1976.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Provisional export duty.
3. Section 4 of the Principal Act is amended—
(a) by inserting after sub-section (3) the following sub-section:—
“(3a) In the application of sub-section (3) in relation to the season that commenced on 1 October 1975, the reference in that sub-section to the exportation of fruit on consignment shall be construed as a reference—
(a) in the case of the exportation of apples—to exportation on consignment to a country in Europe (including the United Kingdom of Great Britain and Northern Ireland); or
(b) in the case of the exportation of pears—to exportation on consignment to a country in Europe (including the United Kingdom of Great Britain and Northern Ireland), the United States of America or Canada. and
(b) by omitting from sub-section (13) the words “reputed bushel” and substituting the words “reputed box”.
Formal amendments.
4. The Principal Act is amended as set out in the Schedule.
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SCHEDULE Section 4
FORMAL AMENDMENTS
The following provisions of the Principal Act are amended by omitting the words “of this Act” and “of this section” (wherever occurring):—
Sections 4(3), (5) and (13), 10(1)(b) and (2)(b)(ii), 12(1), 13(1) and 18(4) and (5).
Overview
The Apple and Pear Stabilization Export Duty Collection Amendment Act 1976 was enacted to amend the Apple and Pear Stabilization Export Duty Collection Act 1971-1973. This Act was introduced by the Queen, in accordance with the authority of the Senate and House of Representatives of the Commonwealth of Australia. The purpose of this legislation was to address issues arising from the export duties on apples and pears, particularly in relation to the seasons that commenced on 1 October 1975. The policy objective, as implied by the changes, was to refine the scope and application of export duties to better align with international trade practices and market demands, particularly concerning the regions to which these fruits were being exported. The Act brought into operation specific amendments concerning the interpretation of export consignments and the substitution of measurement terms to ensure clarity and effectiveness in the collection of duties.
Scope and Application
The Apple and Pear Stabilization Export Duty Collection Amendment Act 1976 amends the Apple and Pear Stabilization Export Duty Collection Act 1971-1973 to modify the duties related to the export of apples and pears. This Act applies to individuals and entities involved in the export of these fruits, particularly targeting the export activities to specific countries during the designated season. It specifies geographic reach by focusing on exports to Europe, including the United Kingdom, and also extends to the United States of America and Canada for pears. The Act is a Commonwealth legislation and applies nationally, impacting all relevant exports across Australia. It does not explicitly state exclusions or exemptions but implies that the changes pertain only to the defined export activities and seasons. The Act may further refine its application through subordinate instruments, which are not detailed in the provided text but are implied through the reference to formal amendments in the Schedule.
Key Provisions
The Apple and Pear Stabilization Export Duty Collection Amendment Act 1976 (Act) amends the Apple and Pear Stabilization Export Duty Collection Act 1971-1973 (Principal Act) primarily through adjustments to the provisional export duty provisions and formal amendments. Section 4 of the Principal Act, which addresses provisional export duty, is amended to include a new sub-section (3a) that specifies the regions to which apples and pears can be exported for the season that commenced on 1 October 1975 (section 3(a)). Additionally, it alters the measurement unit from 'reputed bushel' to'reputed box' (section 3(b)). These changes ensure that the interpretation of export duties is clear and tailored to the specific season in question.
The Act imposes several obligations on parties involved in the export of apples and pears. Primarily, it mandates that any export of apples and pears for the specified season be consigned to specific countries, namely those in Europe (including the United Kingdom), the United States of America, or Canada (section 3(a)). Furthermore, it requires that the measurement of the exported fruit be based on 'reputed boxes' rather than 'reputed bushels' (section 3(b)). These obligations are crucial for compliance with the provisions of the Act and for ensuring that the intended stabilization measures are effectively implemented.
In terms of penalties and consequences for breach of the Act, the specific provisions are not detailed within the text provided. However, it is common for legislative amendments to include provisions for offences and penalties for non-compliance. Typically, breaches of such statutory requirements could lead to civil or criminal penalties, including fines and potential legal actions. The maximum penalties, if specified, would be detailed in the relevant sections of the Act or associated regulations. It is essential for parties involved in the export of apples and pears to adhere to these obligations to avoid any legal repercussions.