Statutory Rules
1978 No. 229
REGULATION UNDER THE APPLE AND PEAR STABILIZATION ACT 1971*
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 this sixteenth day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry
AMENDMENT OF THE APPLE AND PEAR STABILIZATION REGULATIONS †
After regulation 8 of the Apple and Pear Stabilization Regulations the following regulation is added:
Support price— season 1977–78
“ 9. For the purpose of sub-section 7 (2) of the Act, the support price for the season that commenced on 1 October 1977 in respect of a variety of fruit specified 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:
* Notified in the Commonwealth of Australia Gazette on 23 November 1978.
† Statutory Rules 1972 No. 109 as Amended by Statutory Rules 1973 No. 159; 1974 Nos. 66 and 146; 1975 No. 153; 1976 No. 226; and 1977 No. 202.
Column 1 | Column 2 | Column 3 |
Item | Name of variety | Amount per reputed box |
| Apples— | $ |
1 | Granny Smith ........................................ | 5.97 |
2 | Red Delicious ........................................ | 5.94 |
3 | Golden Delicious ...................................... | 5.54 |
4 | Crofton ............................................ | 5.54 |
5 | Cox’s Orange Pippin ................................... | 5.48 |
6 | Geeveston Fanny ...................................... | 5.37 |
7 | Scarlet Pearmain ...................................... | 5.24 |
8 | Tasman’s Pride ....................................... | 5.24 |
9 | Democrat ........................................... | 5.34 |
10 | Legana ............................................. | 5.39 |
11 | Cleopatra ........................................... | 5.39 |
12 | Delicious ........................................... | 5.32 |
13 | Yates .............................................. | 5.32 |
14 | Rome Beauty ........................................ | 5.29 |
15 | Sturmer ............................................ | 5.19 |
16 | Red Jonathan ........................................ | 5.22 |
17 | Other Jonathan varieties ................................. | 5.14 |
18 | Other apple varieties .................................... | 5.19 |
| Pears— | |
19 | Packham’s Triumph .................................... | 6.04 |
20 | Beurre Bosc ......................................... | 5.91 |
21 | Josephine ........................................... | 5.54 |
22 | Winter Nelis ......................................... | 5.24 |
23 | Other pear varieties..................................... | 5.19”. |
Overview
Statutory Rules 1978 No. 229 amends the Apple and Pear Stabilization Regulations under the Apple and Pear Stabilization Act 1971, setting forth the support prices for various apple and pear varieties for the season beginning on 1 October 1977. Enacted by the Commonwealth of Australia, these regulations are designed to stabilise the market prices for apples and pears by ensuring that producers receive a minimum income for their produce. The policy objective behind this legislation is to provide a safety net for apple and pear growers, protecting them from the volatility of market prices and ensuring a fair return for their efforts and investments. This regulatory framework is essential for maintaining the viability of the apple and pear industry, supporting the livelihoods of those within it, and ensuring a stable supply of these fruits to the market.
Scope and Application
The Apple and Pear Stabilization Regulations 1978, made under the Apple and Pear Stabilization Act 1971, apply to the apple and pear industries within the Commonwealth of Australia. These regulations specifically set out the support prices for various apple and pear varieties for the season commencing 1 October 1977. The legislation applies to all persons or entities involved in the production, sale, or handling of apples and pears within the specified season, ensuring that the stipulated support prices are adhered to. This regulation aims to provide economic stability to the apple and pear industries by setting minimum prices for the listed varieties, thereby protecting growers from price volatility. The geographic scope of these regulations is national, covering all areas within Australia where apples and pears are cultivated and marketed. The regulations do not explicitly mention any exclusions or exemptions, implying that all entities within the scope of the Act must comply with the specified support prices. The application of these regulations can be further extended or modified through subordinate instruments as deemed necessary by the relevant authorities.
Key Provisions
The Apple and Pear Stabilization Regulations 1978 introduce a new regulation (regulation 9) under the Apple and Pear Stabilization Act 1971, specifying the support prices for various apple and pear varieties for the season commencing on 1 October 1977. The support price for each variety is detailed in a table, with prices set per reputed box for each fruit type. The list includes popular varieties such as Granny Smith apples and Packham's Triumph pears, along with a catch-all category for other varieties of each fruit type.
The Act imposes obligations on fruit growers, handlers, and other market participants to comply with the support prices outlined in the regulations. These parties must adhere to the specified prices when dealing in the fruits listed, ensuring a standardised support price for each variety. This regulation aims to provide economic stability to the apple and pear markets by ensuring that growers receive a minimum price for their produce.
Breaches of the regulations can lead to various consequences. While specific penalties are not detailed in the legislative instrument itself, breaches of the Apple and Pear Stabilization Act 1971 could result in civil penalties under section 16 of the Act, which may include fines. There may also be criminal consequences for wilful or negligent breaches, potentially leading to more severe penalties such as imprisonment, depending on the severity and intent behind the breach. The exact penalties would be determined in a court of law based on the specifics of each case and applicable sentencing guidelines.