Statutory Rules
1974 No. 146
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 twentieth day of August, 1974.
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 4 of the Apple and Pear Stabilization Regulations the following regulation is added:—
Support price—season 1973-74.
“ 5. For the purpose of sub-section (2) of section 7 of the Act, the amount per reputed bushel prescribed as the support price for the season that commenced on 1 October 1973 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............................................ | 3.87 |
Red Delicious............................................ | 3.84 |
Golden Delicious.......................................... | 3.44 |
Crofton ................................................ | 3.44 |
Coxs Orange Pippin ........................................ | 3.38 |
Geeveston Fanny ......................................... | 3.27 |
Scarlet Pearmain .......................................... | 3.14 |
Tasmans Pride............................................ | 3.14 |
Democrat ............................................... | 3.24 |
Legana ................................................ | 3.29 |
Cleopatra ............................................... | 3.29 |
Delicious ............................................... | 3.22 |
Yates ................................................. | 3.22 |
Rome Beauty ............................................ | 3.19 |
Sturmer................................................ | 3.09 |
Red Jonathan ............................................ | 3.12 |
Other Jonathan varieties ..................................... | 3.04 |
Other apple varieties ....................................... | 3.09 |
Pears— | |
Packham’s Triumph ........................................ | 3.94 |
Beurre Bosc............................................. | 3.81 |
Josephine ............................................... | 3.44 |
Winter Nelis ............................................. | 3.14 |
Other pear varieties ........................................ | 3.09”. |
* Notified in the Australian Government Gazette on 22 August 1974.
† Statutory Rules 1972, No. 109 as amended by Statutory Rules 1973, No. 159 and 1974, No. 66.
Overview
The Apple and Pear Stabilization Act 1971-1973 was enacted to address the economic instability within the apple and pear industries, primarily focusing on the price volatility that affected growers. The Act aimed to provide a safety net for growers by stabilising prices through government intervention. The regulations under this Act, including Statutory Rules 1974 No. 146, were made by the Governor-General of Australia, acting on the advice of the Executive Council, to set specific support prices for different varieties of apples and pears for the season commencing on 1 October 1973. The policy objective was to ensure that growers received fair compensation for their produce, thereby protecting them from the adverse effects of market fluctuations and promoting the stability of the agricultural sector.
Scope and Application
The Apple and Pear Stabilization Regulations 1974, made under the Apple and Pear Stabilization Act 1971-1973, provide detailed specifications regarding the support prices for various varieties of apples and pears for the season commencing on 1 October 1973. These regulations apply to all entities involved in the production, distribution, and sale of apples and pears within the Commonwealth of Australia, ensuring that the prescribed support prices are adhered to across the industry. The regulations specifically outline the amount per reputed bushel for different apple and pear varieties, which serves to stabilise market prices and protect growers from market volatility. Notably, these regulations do not explicitly state any exclusions or exemptions, implying that the support prices apply universally to all specified apple and pear varieties within the scope of the legislation. The regulation may be further extended or refined through additional subordinate instruments as necessary to adapt to changing market conditions or legislative requirements.
Key Provisions
The Apple and Pear Stabilization Regulations 1974 (C1974L00146) set forth specific support prices for various apple and pear varieties for the season beginning on 1 October 1973. Regulation 5 introduces these support prices, which are crucial for the apple and pear industry, ensuring farmers receive a minimum payment for their produce. This regulation is inserted following regulation 4 of the existing Apple and Pear Stabilization Regulations.
The new regulation outlines the support price for each variety of apple and pear listed in a detailed table. For apples, the support price varies from $3.04 per reputed bushel for Other Jonathan varieties to $3.87 for Granny Smith. For pears, the support price ranges from $3.09 for Other Pear varieties to $3.94 for Packham's Triumph. These prices are set to stabilize the market and provide financial security for growers.
The Apple and Pear Stabilization Regulations impose specific obligations on growers, buyers, and the government. Growers are entitled to the support price for their produce as listed in regulation 5, ensuring they receive a minimum payment for their apples and pears. Buyers, including wholesalers and retailers, must comply with these support prices when purchasing from growers. The government is responsible for monitoring compliance and ensuring that the support prices are adhered to, thus maintaining market stability.
Failure to comply with the support prices outlined in the regulations can result in significant consequences. Under the Apple and Pear Stabilization Act, non-compliance can lead to civil penalties. The maximum penalty for each offence is determined by the court and can be substantial, reflecting the importance of adhering to the established support prices. Additionally, persistent or severe breaches may lead to criminal charges, resulting in fines and potential imprisonment. These penalties serve as a deterrent to ensure that all parties involved in the apple and pear industry comply with the regulations.