Statutory Rules
1975 No. 153
REGULATION UNDER THE APPLE AND PEAR STABILIZATION ACT 1971-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Apple and Pear Stabilization Act 1971-1973.
Dated this eighth day of August, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
K. S. WRIEDT
Minister of State for Agriculture.
Amendment of the Apple and Pear Stabilization Regulations
After regulation 5 of the Apple and Pear Stabilization Regulations the following regulation is added:—
Support Price—season 1974-75.
“6. For the purpose of sub-section 7 (2) of the Act, the amount per reputed bushel prescribed as the support price for the season that commenced on 1 October 1974 in respect of a variety of fruit specified in column 1 of the following table is the amount specified in column 2 of that table opposite the name of that variety in column 1:—
Column 1 | Column 2 |
Name of variety | Amount per reputed bushel |
Apples— | $ |
Granny Smith ............................................. | 4.56 |
Red Delicious ............................................. | 4.53 |
Golden Delicious ........................................... | 4.13 |
Crofton .................................................. | 4.13 |
Coxs Orange Pippin ......................................... | 4.07 |
Geeveston Fanny ........................................... | 3.96 |
Scarlet Pearmain ........................................... | 3.83 |
Tasmans Pride ............................................. | 3.83 |
Democrat ................................................ | 3.93 |
Legana .................................................. | 3.98 |
Cleopatra ................................................ | 3.98 |
Delicious ................................................ | 3.91 |
Yates ................................................... | 3.91 |
Rome Beauty .............................................. | 3.88 |
Sturmer ................................................. | 3.78 |
Red Jonathan .............................................. | 3.81 |
Other Jonathan varieties ....................................... | 3.73 |
Other apple varieties ......................................... | 3.78 |
Pears— | |
Packhams Triumph .......................................... | 4.63 |
Beurre Bosc ............................................... | 4.50 |
Josephine ................................................ | 4.13 |
Winter Nelis .............................................. | 3.83 |
Other pear varieties .......................................... | 3.78 ” |
Notified in the Australian Government Gazette on 2 August 1975.
Statutory Rules 1972, No. 109, as amended by Statutory Rules 1973, No. 159; and 1974, Nos. 66 and 146.
Overview
The Apple and Pear Stabilization Regulations 1975 were enacted to amend the existing Apple and Pear Stabilization Regulations under the Apple and Pear Stabilization Act 1971-1973. This legislative instrument was introduced to address the need for adjusting the support prices for apples and pears for the season commencing on 1 October 1974, thereby ensuring market stability and fair pricing for growers. The regulation was made by the Governor-General of Australia, acting on the advice of the Executive Council, and the policy objective was to set specific support prices for various apple and pear varieties to maintain economic viability for producers in the industry. These regulations were published in the Australian Government Gazette on 2 August 1975 and involved amendments to previous statutory rules from 1972, 1973, and 1974.
Scope and Application
The Apple and Pear Stabilization Regulations, made under the Apple and Pear Stabilization Act 1971-1973, apply to individuals and entities involved in the production, handling, and sale of apples and pears within Australia. This includes growers, packers, wholesalers, and retailers within the apple and pear industry. The regulations are designed to provide financial stability to the industry by setting minimum prices, known as support prices, for different varieties of apples and pears. The geographic reach of these regulations is national, applying across all states and territories within Australia. The regulations also extend their application through subordinate instruments, such as amendments and specific notifications, which provide detailed rules and updates to the prescribed support prices. These regulations do not explicitly mention any exclusions or exemptions, implying that they are broadly applicable within the scope of the Act. The specific amendment noted in the Statutory Rules 1975 No. 153 adjusts the support prices for the 1974-75 season, reflecting the dynamic nature of the legislative instrument in response to market conditions.
Key Provisions
The Apple and Pear Stabilization Regulations 1975, as made under the Apple and Pear Stabilization Act 1971-1973, introduce specific support prices for different varieties of apples and pears for the season starting on 1 October 1974. These prices are intended to provide financial stability to apple and pear growers by setting a minimum price at which they can sell their produce. Regulation 6 (paragraphs 1 and 2) lists the support prices for various apple and pear varieties, with prices varying based on the specific variety. For instance, Granny Smith apples have a support price of $4.56 per reputed bushel, while Packhams Triumph pears are set at $4.63 per reputed bushel. These prices are crucial for ensuring that growers receive a fair return for their fruit, regardless of market fluctuations.
The Apple and Pear Stabilization Regulations 1975 impose several obligations on the parties involved. Primarily, the regulations require that apple and pear growers are informed of and adhere to the specified support prices when selling their produce. This ensures that they receive at least the minimum amount per reputed bushel as set out in the regulations. Additionally, the regulations mandate that any entity involved in the trading of apples and pears, including processors, wholesalers, and retailers, must comply with the prescribed support prices. This includes ensuring that all transactions involving the sale of apples and pears adhere to the specified minimum prices to maintain market stability.
Violations of the Apple and Pear Stabilization Regulations 1975 can lead to significant legal consequences. Under the Act, any person or entity found to be in breach of the regulations, such as failing to adhere to the prescribed support prices, can be subject to penalties. While the specific penalties are not detailed within the regulations themselves, breaches of agricultural support legislation typically result in fines or other legal sanctions. The precise penalties can vary based on the severity and frequency of the breach, but they are intended to enforce compliance and uphold the stability of the apple and pear market.