Apple and Pear Stabilization Regulations (Amendment)

Overview

The Apple and Pear Stabilization Act 1971 was enacted to address the need for a stabilization scheme to support apple and pear growers by ensuring stable export returns. This Act established a scheme aimed at providing financial support to apple and pear growers by comparing average export returns with established support prices, and making payments where necessary to maintain stability in the industry. The scheme was initially designed to operate over a series of seasons and was later amended to phase out support for apples while terminating support for pears. The policy objective of the Act is to safeguard the apple and pear industry by maintaining consistent export returns, thus ensuring the viability of the industry. The Act was enacted by the Parliament of Australia to address the identified gap in industry stability and support for apple and pear growers. The explanatory statement accompanying the statutory rules of 1982, issued under the authority of the Minister for Primary Industry, further outlines the amendments to the Act and the regulations governing support prices for the 1982 season, reflecting the industry's cash costs.

Scope and Application

The Apple and Pear Stabilization Act 1971 applies to the apple and pear industry, specifically targeting the export market for these fruits. It provides a stabilization scheme designed to ensure that the export returns for particular varieties of apples remain within a specified range by making payments to compensate for any shortfalls in average export returns relative to established support prices. This Act applies to the Commonwealth of Australia and its territories, regulating the industry on a national scale. The application of the Act extends to producers, exporters, and any other entities involved in the export of apples and pears within Australia. The Act allows for the regulation of support prices and the provision of stabilization payments through subordinate instruments, with the current amendments focusing on the prescribed support prices for the 1982 season. The Scheme was initially extended for apples until the end of the 1984 season but terminated for pears after the 1980 season. The Act does not explicitly state any exclusions or exemptions, though its provisions are specifically tailored to the apple and pear export industries.

Key Provisions

The Apple and Pear Stabilization Act 1971, as amended by the Apple and Pear Stabilization Regulations (Amendment) Statutory Rules 1982 No. 240, establishes a stabilization scheme for the export of apples and pears. The scheme has been in operation since the 1971 season and has been adjusted over the years, particularly in relation to apples, which have had their scheme extended until 1984, while the pear scheme ended after the 1980 season. Section 7 of the Act mandates that the support prices for the initial season were defined in the Act itself, while subsequent season support prices are to be prescribed by regulation under the Act. The Act outlines that the average export returns for specific apple varieties are to be compared each season with the established seasonal support prices for those varieties. This comparison determines whether a stabilization payment is applicable for a particular variety. The support prices are adjusted annually to reflect changes in industry cash costs over the previous season. For the 1982 season, the cash costs movement was assessed at an average increase of 67 cents per box, leading to the new regulation that sets the support prices for that season in line with this assessment. The Act imposes certain obligations on the parties or entities it governs. Firstly, it requires the comparison of average export returns for specified apple varieties against the established seasonal support prices. Secondly, the Act necessitates the adjustment of these support prices to reflect changes in industry cash costs. The regulation that prescribes the support prices for the 1982 season, which started on 1 October 1981, is an example of this obligation. Failure to comply with the provisions of the Act and the accompanying regulations may result in various consequences. While the Act does not explicitly state specific offences or penalties, breaches of the Act or regulations could potentially lead to civil or criminal liability. This could include fines or other penalties as prescribed by law. For instance, if a party fails to adhere to the prescribed support prices or does not correctly calculate the stabilization payments, they could be subject to legal action or sanctions. However, the exact nature and extent of these penalties would be determined by the courts in the context of each specific case.