EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 389
Issued by the Authority of the Minister for Primary Industry
APPLE AND PEAR STABILIZATION ACT 1971
APPLE AND PEAR STABILIZATION REGULATIONS (AMENDMENT)
A Stabilization Scheme for export apples and pears is provided for by the Apple and Pear Stabilization Act 1971. The Scheme has operated over the seasons 1971-1980 and by amendment to the Act in 1981 the Scheme was extended on a phase-out basis for apples for a further four seasons (ending 1984) whilst the Scheme for pears was terminated at the end of the 1980 season.
Under the Scheme average export returns for particular varieties of apples are compared each season with established seasonal support prices for those varieties. The relationship between average export returns and the support price for a particular variety determines whether a Stabilization payment is to be made on that variety.
Section 7 of the Act provides that support prices for the first season were as laid down in the Act and that support prices for seasons after the first season are to be prescribed by Regulation under the Act.
The support prices are varied each season to reflect movements in industry cash costs over the immediately preceding season. With respect to the 1984 season the cash costs movement over the 1983 season has been assessed at an increase of 61 cents per box.
The new Regulation prescribes support prices for the 1984 season (which commenced on 1 October 1983) in accordance with the assessed cash costs movement of 61 cents per box. A schedule of the proposed levels of support prices by variety is as follows:
| | $ |
1. | Granny Smith | 9.81 |
2. | Red Delicious | 9.78 |
3. | Golden Delicious | 9.38 |
4. | Crofton | 9.38 |
5. | Coxs Orange Pippin | 9.32 |
6. | Geeveston Fanny | 9.21 |
7. | Scarlet Pearmain | 9.08 |
8. | Tasmans Pride | 9.08 |
9. | Democrat | 9.18 |
10. | Legana | 9.23 |
11. | Cleopatra | 9.23 |
12. | Delicious | 9.16 |
13. | Yates | 9.16 |
14. | Rome Beauty | 9.13 |
15. | Sturmer | 9.03 |
16. | Red Jonathon | 9.06 |
17. | Other Jonathon Varieties | 8.98 |
18. | Other apple varieties | 9.03 |
Overview
The Apple and Pear Stabilization Act 1971 was enacted to address the need for a stabilization scheme for the export of apples and pears, ensuring that growers received fair returns for their produce. The Act was passed by the Parliament of Australia and provides a framework for comparing average export returns with established seasonal support prices for particular varieties of apples to determine whether a stabilization payment should be made. The Act was subsequently amended in 1981, extending the scheme for apples and terminating it for pears. The policy objective is to maintain stability in the apple and pear export industry by adjusting support prices to reflect changes in industry cash costs, thereby safeguarding the interests of growers.
The 1984 Amendment Regulations, issued under the authority of the Minister for Primary Industry, introduced new support prices for the 1984 season, taking into account the assessed cash costs movement over the preceding season. These regulations ensure that the stabilization scheme continues to operate effectively by providing updated support prices for various apple varieties, which are crucial for determining the need for stabilization payments. This amendment reflects the ongoing commitment to maintaining a balanced and supportive environment for the apple and pear export industry.
Scope and Application
The Apple and Pear Stabilization Regulations (Amendment) under the Apple and Pear Stabilization Act 1971 pertain to the establishment of a stabilization scheme designed to support the export market for apples and pears. This Act applies to entities involved in the production and export of apples and pears, including growers, exporters, and potentially other stakeholders within the apple and pear industries. The scope of the Act extends across Australia, with the federal government playing a role in ensuring the stability and viability of the apple and pear export sectors. The Regulations detail specific support prices for various apple varieties based on seasonal cash cost assessments, which are intended to be adjusted annually to reflect industry changes. Notably, the Act applies to the apple varieties listed in the schedule, each with a designated support price for the 1984 season, while the pear scheme was terminated at the end of the 1980 season. The Act and its amendments ensure that the stabilization scheme remains relevant and effective by adjusting support prices in response to industry cash cost movements, thus maintaining a balance between industry costs and export returns.
Key Provisions
The Apple and Pear Stabilization Act 1971, as amended by the Apple and Pear Stabilization Regulations (Amendment), establishes a stabilization scheme for the export of apples and pears. Section 7 of the Act specifies that support prices for the first season are set out in the Act itself, while support prices for subsequent seasons are prescribed by regulation. This regulatory approach allows for adjustments in response to changes in industry cash costs. For the 1984 season, the assessed movement in cash costs from the 1983 season was an increase of 61 cents per box. The new regulation sets out the support prices for the 1984 season, which began on 1 October 1983, reflecting this cash cost movement.
Under this scheme, the average export returns for specific apple varieties are compared with the established seasonal support prices. If the average export returns fall below the support price for a particular variety, a stabilization payment is made to compensate for the shortfall. The scheme was initially set to phase out for apples by the 1984 season, while the scheme for pears was terminated after the 1980 season.
Parties governed by this Act are required to adhere to the prescribed support prices and the associated stabilization payments. Producers must accurately report their export returns to be eligible for any stabilization payments. The Act also mandates that any adjustments to support prices must be communicated and implemented in accordance with the regulatory framework.
Failure to comply with the provisions of the Act, including the failure to report accurate export returns or the misuse of stabilization payments, may result in penalties. Although the specific penalties are not detailed in the explanatory statement, breaches of agricultural legislation in Australia typically result in civil or criminal penalties, which can include fines and, in severe cases, imprisonment. The precise penalties would be governed by the relevant state or territory legislation.