Apple and Pear Stabilization Regulations (Amendment)

Overview

The Apple and Pear Stabilization Regulations 1980, enacted under the Apple and Pear Stabilization Act 1971, were introduced to address the need for price stability and support for apple and pear growers in Australia. This regulation, made by the Governor-General acting on the advice of the Federal Executive Council, specifically amends the existing Apple and Pear Stabilization Regulations to set support prices for various apple and pear varieties for the 1979-80 season. The policy objective of these regulations is to provide financial stability and support to the apple and pear industries, ensuring that growers receive a minimum price for their produce, which is intended to safeguard their livelihoods and maintain market stability. The regulations include detailed tables listing specific apple and pear varieties along with their respective support prices per reputed box, reflecting a targeted approach to addressing the economic challenges faced by the fruit industry during that period.

Scope and Application

The Apple and Pear Stabilization Regulations 1980, made under the Apple and Pear Stabilization Act 1971, apply to the apple and pear industries within the Commonwealth of Australia. The regulations establish specific support prices for various apple and pear varieties for the season commencing on 1 October 1979. This applies to all persons and entities involved in the production, sale, or distribution of apples and pears within Australia. The regulation's scope includes the setting of a minimum financial threshold for the support price for different apple and pear varieties, as specified in the regulation. The regulations also provide for the amendment of previous regulatory instruments concerning apple and pear stabilisation, thereby extending their application through subordinate instruments. There are no stated exclusions or exemptions in these regulations, which means they apply broadly across the industry.

Key Provisions

The Apple and Pear Stabilization Regulations (C2004L03851) under the Apple and Pear Stabilization Act 1971 establish specific support prices for various apple and pear varieties for the season commencing on 1 October 1979. These support prices are outlined in Regulation 11, which lists the price per reputed box for each variety of apple and pear specified in the accompanying table (Regulation 11, Column 3). The regulation specifies the support price for each variety by referencing the corresponding entry in Columns 2 and 3 of the table, which lists the name of the variety and the price per reputed box, respectively. The Act imposes obligations on growers, marketers, and other entities involved in the apple and pear industry to adhere to the specified support prices for the listed varieties. This means that these parties must ensure that transactions involving the listed apple and pear varieties are conducted at or above the support prices outlined in the regulation. This is intended to stabilise the market by providing a minimum price floor for these commodities, protecting growers from market fluctuations and ensuring a fair return on their produce. Breach of the support price provisions could result in legal consequences for the parties involved. Under the Apple and Pear Stabilization Act 1971, failure to comply with the specified support prices may be considered an offence. The precise nature of the penalties for such breaches is not detailed in the regulation itself but would be governed by the main Act and potentially include fines or other civil penalties. The maximum penalties would be determined according to the provisions of the Apple and Pear Stabilization Act 1971, which may include fines that are commensurate with the severity and frequency of the breach. The Act also provides for enforcement mechanisms to ensure compliance, which may involve inspections and audits of transactions in the apple and pear market.