Apple and Pear Stabilization Regulations (Amendment)

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Statutory Rules 1981 No. 3291

_______________

Apple and Pear Stabilization Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Apple and Pear Stabilization Act 1971.

Dated 12 November 1981.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

PETER NIXON

Minister of State for Primary Industry

–––––––––––

Support price-season 1980-81

The Apple and Pear Stabilization Regulations are amended by adding at the end thereof the following regulation:

"12. For the purposes of sub-section 7 (2) of the Act, for the season that commenced on 1 October 1980 the support price in respect of a variety of fruit referred to in Column 2 of the following table in an item in that table is the amount per reputed box specified in Column 3 of that table in that item:

Column 1

Column 2

Column 3

Item

Name of Variety

Amount per reputed box

1

Granny Smith.........................

7.71

2

Red Delicious.........................

7.68

3

Golden Delicious......................

7.28

4

Crofton.............................

7.28

5

Coxs Orange Pippin.....................

7.22


Column 1

Column 2

Column 3

Item

Name of Variety

Amount per reputed box

6

Geeveston Fanny.....................

7.11

7

Scarlet Pearmain......................

6.98

8

Tasmans Pride.......................

6.98

9

Democrat..........................

7.08

10

Legana............................

7.13

11

Cleopatra..........................

7.13

12

Delicious..........................

7.06

13

Yates.............................

7.06

14

Rome Beauty........................

7.03

15

Sturmer...........................

6.93

16

Red Jonathan........................

6.96

17

Other Jonathan varieties.................

6.88

18

Other apple varieties...................

6.93".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 November 1981.

2. Statutory Rules 1972 No. 109 as amended by 1973 No. 159; 1974 Nos. 66 and 146; 1975 No. 153; 1976 No. 226; 1977 No. 202; 1978 No. 229; 1979 No. 221; 1980 No. 266.

Overview

The Apple and Pear Stabilization Regulations 1981 (Amendment) were introduced to address the need for updated support prices for various apple and pear varieties for the season commencing on 1 October 1980. This legislative instrument was enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council under the authority of the Apple and Pear Stabilization Act 1971. The specific policy objective was to ensure that growers received fair and updated support prices for their produce, thereby stabilising the apple and pear markets. The amendment introduced new support prices for different apple and pear varieties, reflecting market conditions and ensuring growers could plan their production accordingly. This legislative instrument aimed to provide clarity and support to the agricultural sector by establishing clear and updated pricing structures.

Scope and Application

The Apple and Pear Stabilization Regulations 1981 (Amendment) applies to the apple and pear industry within the Commonwealth of Australia, specifically focusing on the setting of support prices for various varieties of these fruits. These regulations are made under the authority of the Apple and Pear Stabilization Act 1971, and they serve to amend the existing stabilization regulations by specifying the support prices for different apple and pear varieties for the 1980-81 season. The regulations provide detailed price listings for each variety, as listed in the amended schedule, indicating the amount per reputed box that growers and industry stakeholders must adhere to for the designated season. This legislation is geographically confined to the national jurisdiction of Australia and is applicable to all entities engaged in the apple and pear industry, including growers, processors, and marketers within the country. The regulations do not explicitly state exclusions or exemptions, but the scope of their application is inherently limited to the named varieties and the specified season. The regulations can be further extended or modified through subordinate instruments, as permitted under the overarching Act.

Key Provisions

The main operative section of the Apple and Pear Stabilization Regulations (Amendment) (No. 3291) 1981 is the addition of Regulation 12, which sets out the support prices for various apple varieties for the season starting on 1 October 1980. This regulation provides specific support prices for different apple varieties as listed in a table within the regulation itself (Reg 12). These prices are intended to ensure market stability and provide a safety net for apple producers. The Apple and Pear Stabilization Regulations impose specific obligations on the parties involved in the apple industry, including apple producers, marketers, and processors. The regulation requires that the support prices listed be adhered to for the designated season. It is important that all transactions involving these apple varieties reflect the support prices specified in Regulation 12 to ensure fair and equitable treatment of all parties involved. Compliance with these support prices is crucial to maintaining market stability and ensuring that apple producers receive a fair return on their produce. The Apple and Pear Stabilization Act 1971 outlines potential penalties for non-compliance with the Act and its regulations. While specific penalties are not detailed in the amendment, the overarching Act may impose fines or other sanctions for breaches of the regulations. Given that the primary focus of this amendment is to set support prices, non-compliance could potentially lead to legal action, financial penalties, or other civil consequences as stipulated in the main Act. The maximum penalties would be as prescribed under the overarching Act, which may include fines and other legal remedies for non-compliance.

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